Latest news with #AsylumandMigrationPact
The Journal
16-07-2025
- Politics
- The Journal
Minister claims legal case could see asylum seekers entitled to damages, but not homeless people
JUSTICE MINISTER JIM O'Callaghan has claimed that an upcoming court decision could see asylum seekers entitled to damages from the State for failures to provide them with accommodation, but that homeless people may not be eligible to apply for similar claims. The Dublin Fianna Fáil TD was referring to the case of two asylum seekers who had been left sleeping rough as the State was unable to provide them with beds. O'Callaghan said he was concerned about how the situation may be viewed by the public and other EU member states, adding that it would be 'very hard to justify' a scenario where asylum seekers can receive compensation while homeless people could not. He said he expects a decision by the European Court of Justice (ECJ) will grant the two people the chance to take action for damages. The minister said the Government needed to ensure that in trying to 'vindicate certain rights, we do not marginalise or demote other equally legitimate rights', such as those of homeless people. In a wide ranging address at the Institute of International and European Affairs (IIEA) in Dublin on the topic of 'balancing competing human rights' in his brief of Justice, Home Affairs and Migration, the minister said he believes the Government is 'getting the balance right' in how it addresses accommodation of asylum seekers in Ireland, amid attempts by 'people on the hard right' to pressure politicians on the issue. Delighted to welcome @iiea this morning @OCallaghanJim , Minister for Justice, Home Affairs and Migration @DeptJusticeIRL , to speak on Balancing Competing Human Rights in the Area of Justice, Home Affairs and Migration. #iieaevents #JusticeAndHomeAffairs #HumanRights #Migration … — IIEA (@iiea) July 16, 2025 The minister also ruled out the construction of centres for holding people seeking international protection. Instead O'Callaghan committed to the purchase of larger scale properties such as City West for the same purpose . O'Callaghan likened the crackdown on asylum seekers and use of government charter deportation flights to 'a bit of a correction', compared to the fewer deportations that took place in previous years. Three deportation flights have taken place this year so far, the first time they have been used in recent years. Advertisement Ireland's preparations for the overhaul of the asylum system came under the spotlight this week , with the Irish Human Rights and Equality Commission commenting that it believes the new system will be 'prone to legal challenge, administrative dysfunction and human rights violations' given the short timeline. The government has one year to introduce new legislation to bring Ireland in line with EU requirements under the Asylum and Migration Pact. O'Callaghan said that the international protection system is 'not working', as it has seen people waiting for three years and even longer for a decision on their status. 'Like nobody thinks the current system is working,' O'Callaghan said. 'I think there is a benefit in people being given a decision as quickly as possible. Obviously I'm conscious that if in making quick decisions, you've got to ensure that people's rights are protected and vindicated.' 'Diet of coverage' about crackdown He had been challenged by a retired civil servant in the audience about whether the Government could do more to 'emphasise the positive contribution' which migrants, refugees and asylum seekers make to society. The ex-civil servant said that while immigration measures appeared 'reasonable', there was 'a diet of almost daily coverage' about the the government's immigration crackdown. This had the cumulative effect to 'imply that migrants, refugees and asylums are kind of a threat to Irish society', the man added. Defending the government's record, O'Callaghan said that he believed the government had struck the balance and that it was important that the 'public are aware that there is a rules based system' in international protection. 'There has to be a recognition that if somebody comes in and they're not they don't succeed in their application, there has to be a consequence,' O'Callaghan said. 'So I think it is important that the public are aware that there is a rules based system, and maybe there's a bit of a correction in terms of what happened in previous years.' O'Callaghan said that the area has become a 'contentious political issue, no doubt manipulated by people on the hard right' and added: 'We're trying to get the balance right. We always won't, but I think we are getting the balance right.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
15-07-2025
- Politics
- The Journal
Ireland's planned overhaul of asylum system may end up mired in 'legal uncertainty and dysfunction'
IRELAND IS STRUGGLING to be ready for the EU's planned overhaul of the asylum system, according to a leading Irish human rights body. The Irish Human Rights and Equality Commission has said it fears that the scale of changes – which are supposed to be implemented by next June – are simply not feasible for the government and will result in an asylum system 'prone to legal challenge, administrative dysfunction and human rights violations'. The government is proceeding with the fresh legislation to bring Ireland in line with EU requirements under the Asylum and Migration Pact. The EU pact seeks to create uniform rules around the identification and speeding up of decisions on asylum claims of people who arrive from outside the EU, and to develop a common database about new arrivals to Europe. A 'solidarity mechanism' is critical to the plan – this aims to ensure all countries share responsibility for asylum applications, rather than those that are at the edge of Europe, such as Italy and Greece. But in its initial analysis of legislation which proposes to introduce a new international protection system in Ireland , the Irish Human Rights and Equality Commission said it has 'grave concerns' over the fairness and effectiveness of the new proposed asylum system. The commission raised concerns over the ability of the state to meet the challenge and as to whether it was going to trample over the rights of people seeking refuge. Advertisement Commission publishes observations on the General Scheme of the International Protection Bill 2025 In its observations on the General Scheme of the International Protection Bill 2025 (attached), the Commission expressed deep concern that implementation of the EU Migration and Asylum Pact ('the Pact') could introduce a system prone to legal challenge, administrative dysfunction, and human rights violations. Liam Herrick, Chief Commissioner said there were particular concerns over the proposals regarding detention of asylum seekers, access to legal representation and counselling, and the treatment of children vulnerable persons give rise to particular concerns. The proposed legislation for Ireland would broaden the circumstances under which an individual can be detained. It would include the power to arrest and detain applicants without a warrant if they refuse to travel to screening centres, with no absolute time limit on this detention. Children could also be arrested and detained without a warrant under the proposals. This was also of concern to the commission as Ireland is the only country governed by the EU Pact that has not yet ratified the Optional Protocol on the Convention Against Torture, meaning that the State will fail to afford applicants the protections deriving from the protocol. 'This is a once-in-a-generation overhaul of our asylum system. We must get it right,' Herrick said. 'In our analysis of the current draft proposals, the commission believes the State is in danger of introducing a system that fails to respect and vindicate the fundamental rights of international protection applicants.' While Herrick said the commission recognises the complexity and challenges facing the State in implementing the Migration Pact, it also believes that many aspects of new proposals are 'impractical and may lead to the new system becoming mired in litigation and uncertainty'. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
04-07-2025
- Politics
- The Journal
Over 22% of jobs at International Protection Appeals Tribunal are currently sitting empty
OVER 22% OF the jobs at the International Protection Appeals Tribunal are currently sitting empty. The International Protection Appeals Tribunal (IPAT) was established in December 2016 and is the appeal body for applicants for international protection. Sinn Féin's justice spokesperson Matt Carthy recently lodged a Parliamentary Question with Justice Minister Jim O'Callaghan on the current number of vacancies in IPAT. In response, O'Callaghan's office revealed that there are currently 87 people employed with IPAT and 25 vacancies. Carthy noted that this represents a vacancy rate of over 22% in relation to the overall staffing levels at IPAT. O'Callaghan said his Department has been 'actively recruiting for additional whole-time and part-time Tribunal Members over the last two years'. He added that he 'expects to be in a position to significantly increase the number of part-time and whole time Members between now and the end of 2025'. O'Callaghan also noted that the number of staff at IPAT has increased from 37 at the start of 2023 to 87. He further remarked that there's been a 'substantial increase in resourcing to IPAT through both its budget and staffing' and that its budget has increased by 95% since 2023. Advertisement While Carthy acknowledged a 'notable increase in IPAT staff and budgeting', he added that the 'level of vacancy shows there are significant problems'. 'This level of vacancy is undoubtedly creating issues in terms of the length of time it is taking to process international protection applications, including those related to people from countries subjected to accelerated procedures,' said Carthy. He added that the 'current level of vacancies in IPAT also raises serious questions about the government's plans in relation to the EU's Asylum and Migration Pact '. Carthy said additional staff will be required for IPAT under the government's plans and that with the current level of vacancy, 'it is hard to see how the government is going to deliver on its own plans and targets'. Meanwhile, there are currently 614 staff within the International Protection Office (IPO), an increase of 190% since 2022. However, there are 69 vacancies. The IPO is responsible for examining and processing applications for international protection. O'Callaghan remarked that recruitment and appointments are continuing. He added that vacancies 'need to be seen against the backdrop of dramatic expansion in staff numbers in recent years, such that the level of staff deployed in this field is by far the highest it has ever been'. Meanwhile, the average tenure at the IPO is 21 months and 26 months within IPAT. The Department of Justice has been approached for comment. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
