Simon Harris (Wicklow, Fine Gael)
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Ireland has obligations under EU and International Law to consider applications for international protection from those who come to our country fleeing persecution.

The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO are independent in the exercise of their international protection functions.

Ireland is party to the 1951 UN Convention on the Status of Refugees. The Convention defines the term ‘refugee’ and outlines the rights of refugees as well as the legal obligations of States to protect them. The UNHCR supports and oversees implementation of the 1951 convention and its 1967 Protocol and States are expected to co-operate with the UNHCR in ensuring that the rights of refugees are respected and protected.

Every person has the right to apply for asylum under the 1951 Convention. The Convention does not exclude a person from exercising the right to seek asylum based on their nationality.

Ireland is also bound by the EU Asylum Procedures Directive (2005/85/EC). The Directive applies to all applications for asylum made in the territory of a Member State, including at the border or in a transit zone. The Directive provides asylum seekers with certain rights and guarantees, including the right to access the procedure and the right to remain in the Member State pending the examination of an asylum application.

The International Protection Act 2015 transposes the Asylum Procedures Directive into national law and gives further effect to the 1951 Refugee Convention and its 1967 Protocol.

It should be noted that there are restrictions in place for EU nationals making an application for international protection to another Member State.  The EU Treaty Protocol on asylum for Nationals of Member States of the European Union essentially provides that applications for refugee status from EU nationals shall be inadmissible for processing by another EU Member State except in very exceptional circumstances.  The exceptional circumstances would apply where there was a failure to meet obligations relating to respect for human rights and the rule of law under the European Convention on Human Rights and the EU Treaties.

The Deputy will also wish to note that the Dublin III Regulation determines which EU Member State is responsible for examining an international protection application. The objective of the Dublin Regulation is to ensure quick access to asylum procedures and the examination of an application on the merits by a single, clearly determined Member State.

The Dublin Unit of the International Protection Office (IPO) in the Immigration Service of the Department is responsible for determining whether an applicant should be transferred to another Member State (known as an outgoing transfer request) or have their application assessed in Ireland.

Finally, and separately, beneficiaries of Temporary Protection in the State are entitled to protection under the EU Temporary Protection Directive (2001/55/EC).  This was activated by the EU Council in March 2022 in respect of Ukrainian residents fleeing the Russian war of aggression against Ukraine.