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Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: People who come to Ireland from Kazakhstan as a result of the persecution the Deputy outlined will give that narrative to the International Protection Office and the office will assess their application. If it is genuine and the office accepts it, they will be granted asylum here. Their human rights are protected in that process. This only arises in the case of people who have gone...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I believe our views are relatively similar. The Deputy will accept as well as I do that if it is the case that a person is in Ireland, there is no human rights issue associated with them and they are not entitled to be here, unless we ring up the other country and ask them to take this person back, the best option for us is to have an agreement in place with the other country.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Regarding the first point the Deputy made, it is an absolute rule under the 1951 Refugee Convention that you cannot contact the country of origin of a person - hear me out on this - who is claiming asylum. It never happens in Ireland that the International Protection Office or the Government would contact the country of origin and say, "By the way, this person is claiming asylum for X." It...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I thank Senator Rabbitte.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I do not have that information at present.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: There was a deportation order issued to one person from Kazakhstan. I do not know what has happened to that deportation order or whether the person from Kazakhstan is still here.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: It was some time since 2019, so it happened in the past six years.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I do not know where that Kazakhstani person is.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Absolutely, but it shows the committee the reason we need a readmission agreement. If we had 100 deportation orders for Kazakhstan, we would have to ring up Kazakhstan to ask if it would take these people back. If we have an agreement in place, we can send people back to Kazakhstan. I know it is only one case and is not generally indicative but it makes the point that if we want to try to...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: I am not absolutely sure but my understanding is that when it comes to return or readmission agreements, it will be citizens of Kazakhstan who will be covered by that.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Yes. Why would Kazakhstan take back people who are not Kazakhstani citizens? It will only take back people for whom it has responsibility. There are issues with safe third countries and third country nationals being sent back to other member states. That is done under the Dublin III regulation, which is pretty ineffective. That is why there is a new returns directive coming in that we...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: It is my understanding that it is just citizens of Kazakhstan. I can tell the Deputy why this is the first time for. For the other 12 readmission agreements, we did the Article 4 opt-in after those agreements had been finalised.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: This is different because we are doing it under Article 3 and will be part of it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The advantage of being part of the negotiations is that we will be able to assess and appraise that during the discussion with Kazakhstan. In the discussions, I have no doubt the Commission will be asking if the human rights protections in Kazakhstan are sufficient. We will have a say and involvement in that. That will be a factor that will be taken into account. As I said previously,...

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Yes, that is correct.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The Cathaoirleach knows the point that there are separate options for the agreement itself.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: Regarding the qualified majority voting, that ship has sailed not just in respect of this. That happens in many of our engagements in the European Union.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: The Oireachtas will vote on it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: If we opted in to the negotiations and we were happy with the outcome, of course, then we would go along with it when it comes to be opted in here. The Cathaoirleach is talking about a scenario where if we decide to opt in to the negotiations, we vote against it and we are not happy with it.

Committee on Justice, Home Affairs and Migration: Readmission Agreement between the European Union and the Republic of Kazakhstan: Discussion (29 May 2025)

Jim O'Callaghan: We will consider it when we look to see what is in the agreement. In a way, we are trying to look ahead to see what will be in the agreement that we want to play a part in negotiating.

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