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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: I disagree. If someone comes from Kazakhstan and applies for asylum in Ireland through the International Protection Office, they will be able to put forward their narrative as to why they are entitled to asylum in Ireland. That is not going to be affected by the fact there is a readmission agreement. They will still be able to put forward their case. If it is the case that they are...

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 fundamental rules in respect of asylum applications will not change. If a person is fleeing persecution or says there is a threat to his or her life or health as a result of being sent back to a country, those rules will still apply. While people may get a negative or positive decision, it is not going to be affected one way or the other by this readmission agreement. This potential...

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: On the case-----

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: -----by-case basis, while we could try to say to Kazakhstan that we want to send a person back, we do not have a formal agreement in place, which makes it extremely difficult.

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. No agreement has been reached with Kazakhstan. All this is doing is authorising the European Commission to start negotiations with Kazakhstan.

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 would prefer it if I was able to provide members with the annexe. There is nothing enormously surprising within it. I cannot do that, however. It is not just me who cannot do so, but rather ministers in every other member state. Of course, a lot of them do not need to opt in because most of them are fully part of the-----

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 is no agreement here, as of yet. All we are doing is deciding to allow a person to go into the room to have a chat and a negotiation. That is all that is being authorised. In a way, what is in the annexe is irrelevant because it is the agreement at the end of the process that counts. When there is an agreement in place, or a proposed agreement, we will have a say in respect 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 traditional way of doing it is to stand back and let the Commission go off and enter into an agreement with Kazakhstan. We would then decide afterwards whether to opt in to that agreement. At that stage, however, we would have no say or vote on whether it should happen or not. We would just have a vote on opting in to the agreement or not, without having a say in the content of the...

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: While I am not aware of any specific countries, it is likely the Commission will come forward with other potential agreements in the future. I will listen to this committee if it makes a decision that it would prefer to opt in under Article 4 rather than under Article 3. I will listen to it, although I cannot guarantee I will do it. It is a balancing call. There are advantages in doing 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 Deputy Gannon. To answer his question straight, I know this because I have been informed by my officials in the Department. It is in the negotiating mandate to ensure human rights is at the centre of this agreement. Regarding the 12 other readmission agreements I recounted that have been agreed, each of them contains human rights provisions. That is why it will be in this one as well.

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.

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