It is notable that almost all respondents to the survey had a jurisdiction to consider human rights matters and this seems a potentially important factor in terms of ombudspersons being seen as an avenue for complaint in this area. A remit in relation to human rights may make it more likely that ombudspersons will be known to human rights defenders and civil society organisations with an interest in supporting asylum seekers and refugees. It may also provide a wider locus for intervention than a traditional maladministration remit. Demographic characteristics of asylum seekers and refugees who complain to ombudspersons In terms of the demographic characteristics of asylum seekers and refugees who complain to ombudspersons, 76.5% (n = 26) of respondents reported that they did not collect demographic data in relation to asylum seekers and refugees. Nonetheless, 59.3% of respondents (n = 19) reported that there were no particular demographic groups within the asylum seeker and refugee population who did not raise complaints. 40.6% of respondents (n = 13) reported that there were particular demographic groups who were not complaining to their offices, including: children and unaccompanied minors; LGBTQIA+ individuals; elderly asylum seekers and refugees; families, women, and people with disabilities. It is surprising that a majority respondents (59.3%, n = 19) considered that all demographic groups had equal access to their organisations, given that it is longstanding finding of access to justice research that particular demographics tend to have greater difficulty in accessing public services and, subsequently, in making complaints. Combined with an absence of systematic data collection with regard to demographic characteristics of complainants, this suggests that there may be scope for some ombudspersons to develop their practice in this area, considering in more depth the demographic characteristics of their users and who accesses (and does not access) their services.
Barriers facing asylum seekers and refugees in accessing ombudspersons and approaches to collaboration with Civil Society Organisations Barriers facing asylum seekers and refugees in accessing ombudspersons When asked what barriers faced asylum seekers and refugees in accessing their institutions, the top five most commonly cited barriers were: • 52.9% of respondents (n = 18) reported a lack of knowledge about the existence of the ombudsman. • 38.2% of respondents (n = 18) reported language barriers and issues such as a lack of interpreters. • 29.4% of respondents (n = 10) reported a lack of knowledge about rights. • 17.6% of respondents (n = 6) reported that there were no barriers. • 14.7% of respondents (n = 5) reported fear of retaliation and a perception that a complaint might have an effect on the outcome of a person’s protection claim. These findings reflect many of the points summarised in section 6 above with regard to the barriers to complaining in Northern Ireland, particularly with regard to a lack of knowledge of rights, a lack of knowledge of the ombudsperson, and fear being important barriers that stand in the way of complaints being raised.
Final report of the of Ombudspersons and the Protection of Refugees and Asylum Seekers (OPRAS) project | 51
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