Written answers

Tuesday, 21 July 2020

Department of Justice and Equality

Asylum Seekers

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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599. To ask the Tánaiste and Minister for Justice and Equality if Ireland will, via its representation on the Council of the EU, give its agreement to the opening of negotiations with Afghanistan on asylum returns to that country on the basis of a general principle as outlined in a note from the General Secretariat of the Council dated 3 July 2020 (details supplied); and if she will make a statement on the matter. [17163/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As part of the Europeans Union's cooperation with Afghanistan in the area of migration, both have committed to a Joint Way Forward on Migration Issues between Afghanistan and the EU (JWF). The JWF, which is not considered a binding international agreement, was signed on 3 October 2016 and was automatically extended for another two years following the provisions of Part VIII of the JWF. It is due to expire on 3 October 2020.

Part I of the JWF defines the scope of cooperation and reaffirms Afghanistan's obligations under international law to readmit its citizens who entered into the EU or are staying on the EU territory irregularly. Part II contains various provisions aimed at facilitating the return process. In addition, the JWF contains provisions on information and awareness-raising (Part III), return programs and reintegration assistance (Part IV), fighting smuggling and trafficking in human beings (Part V), the creation of a Joint Working Group (Part VI) and the exchange of documents (Part VII).

The JWF already allows for vulnerable groups, including unaccompanied minors, to be returned after giving fair consideration to humanitarian aspects (Part I, point 4, of the JWF).

Given the upcoming expiry of the JWF in October 2020, the European Commission informed the Council of the European Union on 10 June 2020, that it intends to enter discussions with Afghanistan on the prolongation of the JWF. The Council must authorise the opening of negotiations and the signing of non-binding instruments such as the JWF.

Ireland, through its Permanent Representation to the EU, did not make any objection to the opening of negotiations with Afghanistan.

As with all such negotiations, the Commission will regularly update the Council on the evolution of the negotiations and will revert to the Council at the end of negotiations to seek the Council's authorisation for the signature of the instrument on behalf of the Union.

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