{"id":972,"date":"2023-01-20T19:57:11","date_gmt":"2023-01-20T19:57:11","guid":{"rendered":"https:\/\/ichr.ie\/?p=972"},"modified":"2023-01-20T20:03:06","modified_gmt":"2023-01-20T20:03:06","slug":"irelands-legal-obligations-regarding-asylum-and-immigration","status":"publish","type":"post","link":"https:\/\/ichr.ie\/irelands-legal-obligations-regarding-asylum-and-immigration\/","title":{"rendered":"Ireland’s Legal Obligations Regarding Asylum and Immigration"},"content":{"rendered":"
The purpose of this information note is:<\/p>\n
1) To ask those in support of international protection to consider what is your number and by this we mean: is there any cap you would put on international protection applicants, or would you really burden Ireland with accepting uncapped numbers of migrants? and<\/p>\n
2) To review the immigration laws currently in place in Ireland; while also answering the question \u201cWhat are our obligations regarding those seeking international protection are under EU law<\/em>\u201d \u2013 which will then allow us to consider the potential counter arguments that may be advanced to politicians, media etc when they say we are obliged to accept an uncapped number of persons seeking protection under international law.<\/p>\n 1) Is there any cap you would put on international protection applicants?<\/u><\/strong><\/p>\n To fully consider this point, you must consider the following information:<\/p>\n 2) Immigration laws currently in place in Ireland (including but not limited to):<\/u><\/strong><\/p>\n 2.1 Treaty of Amsterdam Ireland has an opt-out from EU legislation adopted in the\u00a0area of freedom, security and justice. This allows Ireland to opt in or out of legislation and legislative initiatives on a case-by-case basis in these three specific areas.<\/span><\/p>\n The Treaty on the Functioning of the European Union at Articles 67-89 confirms that freedo<\/span>m, justice and security include the following policy areas:<\/p>\n What this means is that Ireland is not bound by EU law in the areas of immigration or asylum, but where the EU makes a legislative proposal in these areas, Ireland has three months to decide whether they wish to opt into discussions. If they do not opt-in, they are deemed to have opted-out, and discussions simply go ahead without them. Any legislation which is adopted then binds the other Member States \u2013 but not Ireland.<\/p>\n So if a politician tells you that Ireland must accept uncapped numbers of persons seeking protection under international law \u2013 your answer should be:-<\/p>\n \u201cIs it not the case that Ireland originally obtained an opt-out in the areas of<\/em> freedom, security and justice<\/em><\/a> (which includes immigration and asylum) policy under the Treaty of Amsterdam in 1997, with this opt-out being retained by Ireland with the passing of the Treaty of Lisbon in 2008. Considering I know this to be the case, are you saying that Irish politicians opted into immigration and asylum laws without having any international obligation to do so, and if this is the case, is your argument around commitments to international law not disingenuous?\u201d<\/em><\/p>\n 2.2 Dublin III Regulations<\/u><\/p>\n On 15 June 1990, the Dublin Convention was signed – this Convention determines the EU Member State responsible for examining an application for international protection.<\/p>\n The current Dublin III Regulation applies to\u00a0what are called the \u201cDublin countries\u201d <\/em>under this Regulation<\/em>, which include all the countries in the EU, plus Iceland, Switzerland, Norway and Liechtenstein.<\/p>\n Broadly speaking, all three Dublin Regulations are based on the same principles – that the first Member State where fingerprints are stored or an asylum claim lodged is responsible for a person’s asylum claim.<\/p>\n The provisions of the Dublin III Regulation are far more favourable to countries like Ireland than most other EU countries, as given our geographical location, it is quite likely that a person will have made an application for international protection in another Dublin country (as defined above), before journeying to Ireland.<\/p>\n As part of an application for international protection, the International Protection Office (\u201cIPO\u201d) is entitled to take the applicants photograph and fingerprints and check this information against data held by\u00a0Eurodac<\/a>. Eurodac is an EU database that stores the fingerprints of international protection applicants, or people who have crossed a border illegally.<\/span><\/p>\n\n
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\n<\/strong><\/u>In general, the\u00a0law of the European Union\u00a0applies to all 27 member states. However, occasionally member states negotiate certain\u00a0opt-outs\u00a0from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas regardless of what laws the EU may put in place across the EU. Currently, only three member states have such opt-outs:\u00a0<\/span><\/p>\n\n
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