Latest news with #InternationalProtectionBill2025
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
Irish Examiner
15-07-2025
- Politics
- Irish Examiner
Human rights watchdog warns that International Protection Bill could 'criminalise' asylum seekers
The State's human rights watchdog has stated that the Government's draft asylum bill 'greatly expands' detention powers and is concerned that it could include electronic tagging and tracking of applicants. It said the broad suite of powers under the International Protection Bill 2025 'will lead to the effective criminalisation' of asylum seekers in some cases. The Irish Human Rights and Equality Commission (IHREC) warned the Government that many of its measures could end up being challenged in the courts, including access to legal advice and the treatment of applicants as adults when they might, in fact, be children. On Tuesday, IHREC is publishing its analysis of the general scheme of the bill, which will implement the EU Migration and Asylum Pact. Ireland signed up to the pact on July 31, 2024, and published the draft bill on April 29. IHREC chief commissioner Liam Herrick said: This is a once-in-a-generation overhaul of our asylum system — we must get it right. "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. "The proposals regarding detention of asylum seekers, access to legal representation and counselling, and the treatment of children and vulnerable persons give rise to particular concerns.' 'Mired in litigaton' Mr Herrick said the commission recognises the 'complexity and challenges' facing the State in implementing the pact, but said many provisions could become 'mired in litigation'. The IHREC analysis said the pact aims to 'significantly shorten' the application procedure, with a first-instance decision on admissible applications in six months, with appeal decisions within a further three months. The commission said the general scheme totals 244 pages, and the task in implementing the full EU laws is 'considerable'. 'Inadequate consultation' IHREC said it was not happy with the level and quality of consultation to date. The watchdog said the EU legislative acts had already been in place for a year, and it feared issues that might well have been resolved during consultation and Oireachtas examination 'may now end up being resolved in the courts'. The analysis detailed concerns it had over the issue of legal access and the use in the draft bill of legal 'counselling' as opposed to legal advice and representation. It said it expected the 'limitations' on legal access and representation will be subject of court challenges. On the issue of assessing if applicants are children, IHREC said that, based on its experience, it was 'concerned that children will not be afforded the presumption of minority' and, with no credible age assessment process in place, 'will end up being treated as adults'. It said this will also result in litigation, and the issue should be addressed as a 'matter of urgency'. IHREC said the bill 'greatly expands' use of detention and includes power of arrest without warrant as well as the detention of applicants who refuse to travel to a centre for screening. It said it was concerned the final bill could include powers including requirements on applicants to sign in and out and obey curfews in accommodation centres, and they could be electronically tagged or tracked on phone apps.
Irish Examiner
29-04-2025
- Politics
- Irish Examiner
ieExplains: How will International Protection Bill affect immigration?
The Justice Minister Jim O'Callaghan on Tuesday brought a new bill to Cabinet which will see changes in how Ireland's immigration system works. The International Protection Bill 2025 sets out to implement an accelerated processing system for those from designated safe countries of origin, applicants who have received protection elsewhere in Europe, citizens of countries from which there are the largest number of applicants, and countries which have already seen numbers applying for asylum here dropping. First things first, why do we need this? The bill is, in part, needed to prepare Ireland's legislative framework for the incoming EU Migration Pact. The pact is a new EU framework to manage migration and asylum for the long-term. One of its key aims is to improve burden-sharing of asylum applications across the EU, due to some member states receiving a disproportionate number of international protection applicants. Ireland would be required to either relocate asylum seekers from other countries, or make a financial contribution to an EU-wide fund. Ireland could pay up to €13m into the EU fund instead of taking in 648 asylum seekers every year. Effectively, the pact wants the EU's laws to be in convergence and to speed up the processing of asylum applications. Ireland opted into the pact last year and it will come into effect next June, by when Ireland needs to have its laws in place. So what will change under this law? Given the focus of the pact, much of the headline changes to the system will focus on cutting processing times, particularly from countries which are considered "safe". How does it aim to do this? The new law aims to tackle long turnaround times in the current system in a number of ways. Firstly, it will make it unlawful if a decision is not made on an asylum application within three months for most cases. The three-month decision deadline will apply if a person has no documents, poses a security risk or is from a country where approvals are less than 20%. Other more complex cases will have a deadline of six months. It will also remove the use of oral hearings for appeals in most cases, with appeals set to go to what is being dubbed a "second instance body". Under the new laws, officers in the system will be able to directly issue decisions on international protection and returns — rather than recommendations. Does the legislation mean detention centres? While the legislation allows for detention centres, Mr O'Callaghan said he doesn't believe they will be used. He has, however, foreseen the use of so-called "screening centres" which are envisaged to be used as a "one stop shop" to register and lodge applications, complete relevant checks, determine the appropriate pathway for applicants, and to provide legal counselling. What are the stats on applications this year? Overall, there has been a drop of 42% in the number of applications in the first three months of 2025 when compared to the first three months of 2024. What has the Minister said? Mr O'Callaghan said his plans are not cruel and, in fact, sensible. 'At present, you'll be aware that the process of people applying for asylum and appealing any decisions at the international protection office can take up to three years. It's too long, it's too costly, it's unfair on the people who are going through the process. What I want to do is to achieve a much smoother and less costly process,' he said. What has the opposition reaction been? The Social Democrats' spokesperson Gary Gannon said the law "prioritises bureaucratic speed over human fairness" and said the Government is "chasing headlines". 'We're all in agreement that Ireland needs a far more efficient asylum process, but that doesn't mean it should have cruelty baked in," he said. 'This legislation is not about fixing what is broken - it is about chasing headlines, caving to far-right pressure, and abandoning our obligations to basic fairness and human rights." What happens next? The bill will undergo pre-legislative scrutiny over the next few months and will be published in full in November.
Irish Times
29-04-2025
- Politics
- Irish Times
International protection overhaul an ‘important step' in wider reform, Minister says
Plans for an overhaul of Ireland's international protection system have been approved by Cabinet with Minister for Justice Jim O'Callaghan describing the proposed legislation as 'an important next step in one of the most significant reforms of Irish asylum law in decades'. Under the plans, asylum seekers will no longer have an automatic right to a full oral hearing if they appeal an international protection refusal. The proposal to dramatically reduce the average time of the appeals process forms part of draft legislation that will also give effect in Irish law to the EU Migration and Asylum Pact which is due to start in 2026. The pact, which Ireland has fully adopted, will introduce restrictive measures to limit the number of immigrants gaining access to the European Union. READ MORE On Tuesday the Cabinet approved Mr O'Callaghan's plan to progress International Protection Bill 2025. The general scheme – or outline of the Bill – will now be referred to the Oireachtas Committee on Justice for pre-legislative scrutiny. One aim of the Bill is to fast-track the appeals process for international protection applications. At present, appeals on applications that have been refused can take as long as 14 months, with an average of almost nine months for all cases. The introduction of a process without oral hearings – save in exceptional cases – is likely to lead to a significant shortening of the process. Mr O'Callaghan has stated since becoming minister that he wants the entire process of first-instance decisions and appeals to be completed within three months. [ Asylum system overhaul: What is changing beyond all the talk of reform? Opens in new window ] In a statement after Cabinet Mr O'Callaghan said: 'The current international protection system is not working effectively, with decisions taking far too long. 'The pact offers us an opportunity both here in Ireland and across the EU to reset the system.' He said the changes in the Bill include 'streamlining the decisions process, streamlining the returns process, a new 'Border procedure' with a three-month time limit for decisions, and new institutional arrangements for international protection decisions and appeals'. He added: 'It is also proposed that oral hearings of appeals will be significantly more limited than at present.' Mr O'Callaghan said this would 'drive efficiency and time savings' but the reforms will 'continue to ensure the rights of applicants, under EU and Irish law, to be heard in the application process and to have an effective remedy in the appeal process. 'These changes are ultimately about giving those who are entitled to international protection the opportunity to rebuild their lives here quickly and, at the same time, ensuring faster removals in respect of those who do not meet the criteria.' [ Asylum applicants could face movement restrictions and detention in accommodation centres Opens in new window ] Nick Henderson, chief executive of the Irish Refugee Council , raised concerns about the proposed legislation, saying: 'The shift to paper-only appeals is a retrograde and regressive step, a rollback on a well established and important part of a basic asylum process. 'Removing in-person appeals in the name of efficiency is deeply concerning and is likely to backfire, including increasing applications for judicial review.' Social Democrats TD Gary Gannon said Ireland's asylum process needs to be 'far more efficient', but added: 'that doesn't mean we should have one that has almost cruelty'. He said taking decision times down to three months 'seems to me something that's going to be unduly harsh'. Mr O'Callaghan later responded, telling reporters: 'I don't think it will be cruel. In fact what I think is cruel is for somebody to be in the asylum process and to have their application and consideration of it hanging over them for periods of three years. I think it is much more efficient and fair if we have an asylum process that is determined within three months.'
RTÉ News
29-04-2025
- Politics
- RTÉ News
What can be expected from the Government's overhaul of asylum laws?
The Government has announced a major overhaul of asylum laws, billed as the most significant reform of the area in the history of the State. So what is it all about? Here we look at the International Protection Bill 2025 and what it entails. New proposed law Ireland is already obliged to redraft its immigration laws to bring them into line with the EU Migration and Asylum Pact. The pact involves the implementation of agreed procedures across the EU to provide more aligned and more effective processing of asylum applications. It also specifies mandatory shorter timeframes along with enhanced screening and security checks on those arriving at borders. Ireland agreed last year to opt into the agreement. The pact comes into force on 11 June 2026 and Ireland is required to change its immigration laws by then to align asylum processes across the EU. Today, Minister for Justice Jim O'Callaghan published the outline of the International Protection Bill 2025 to give effect to these measures. Tighter decision making The Bill will make it unlawful if a decision is not made on an asylum border application within a period of three months, in the vast majority of cases. This deadline will apply to applicants from countries of origin with a recognition rate of 20% or less across the EU, or who have no documents or false documents, or who pose a security risk. The three-month deadline will also apply to appeals for these applicants. Some applications, however, may stretch to six months. Fewer oral hearings The other new plank to expediting decisions is the proposal to remove an automatic right to an oral hearing in an appeal. Applicants are still entitled to an oral hearing in the first instance and that hearing will be recorded with the transcript preserved. New appeals lodged after the Bill becomes law will be decided by a new entity called the Second Instance Body. This body will have access to the transcript of the first hearing. The Second Instance Body will replace the existing International Protection Appeals Tribunal for new appeals lodged after the Bill becomes law. Oral hearings at appeal stage will only be allowed under limited specific circumstances with the aim of saving time and costs. Opposition reaction Sinn Féin has accused the Government of delaying in reforming the asylum area. The party's Spokesperson on Justice Matt Carthy said the Government's migration policy was all over the place. He said: "Minister Jim O'Callaghan is talking tough, but processing is still taking far too long and deportations are not being enforced for those who do not have a right to be here. "The recent deportation flight to Georgia was simply a propaganda exercise to cover for dysfunction across the system, particularly when it comes to enforcement." However, Social Democrats TD Gary Gannon said the new three-month deadline was cruel and lacked compassion. He said: "Imposing a three-month deadline for asylum decisions prioritises bureaucratic speed over human fairness. "International protection claims involve trauma, persecution, and complex histories. Arbitrary deadlines will inevitably lead to rushed, wrongful refusals - and the real risk of deporting people back into danger." The minister said he disagreed, adding: "What is cruel is asking someone to come into the country and then processing their application over a period of up to three years, that's where the real cruelty arises. "What we need to have is a process that gives people a quick decision. If you succeed, and are entitled to asylum you can stay, if you don't, you must leave." Detention Centres The Bill provides for the detention of applicants as a measure of last resort. The minister said today he hoped that detention centres would not become necessary but he said the proposed law was required to provide for them. Next steps The general scheme of the Bill is published today and it will go to pre-legislative scrutiny over the next few months. It is expected that the full Bill will be published in November and it must be passed into law by June 2026 in order to comply with the EU Migration and Asylum Pact.
