Written answers
Wednesday, 2 July 2025
Department of Justice and Equality
Asylum Applications
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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185. To ask the Tánaiste and Minister for Justice and Equality the way his Department determines an applicant’s country of origin in cases where no identification is presented at the time of application; and the way his Department ensures that an applicant has not travelled from a country designated as safe while seeking asylum under the UN Refugee Convention; and if he will make a statement on the matter. [36650/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is a central priority for me as Minister that our immigration laws are robust and enforced.
The establishment of a person’s identity and nationality is an important feature of our immigration process in general. When it comes to international protection applicants, each person is requested to provide personal documentation to the International Protection Office (IPO) at the time of application to attest to their identity, nationality and date and place of birth. Many applicants are in a position to provide documents but some are not.
All applicants that enter the international protection process are fingerprinted and photographed. These fingerprints are checked against EURODAC, an EU database which stores the fingerprints of asylum applicants and those who have been found to cross borders illegally.
In addition to checks specifically on those applying for international protection, each and every person arriving at a port of entry in the state is subject to Schengen Information System (SIS) check. Under this system Ireland sends and receives SIS II information (termed ‘Alerts’) on persons and objects; for example persons wanted for criminal purposes, missing persons and objects which have been stolen or are wanted as evidence for a judicial purpose.
One of the most important parts of the personal interview and the report considering an application for international protection is establishing the nationality and credibility of the individual. The question of where an applicant comes from is explored in depth at each personal interview. It is important that this is one of the first areas considered, as credibility and whether the applicant meets the threshold of facing a well-founded fear of persecution or face the risk of suffering serious harm can often be linked to geographical areas. In cases where the IPO finds that an applicant is not credible in having come from the country they have indicated, this will be at the heart of why an individual’s claim may be rejected.
Finally, any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check carried out in respect of them before any such status is conferred on them.
Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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186. To ask the Tánaiste and Minister for Justice and Equality the number of applicants for asylum or for a protection order that have been convicted for the destruction of identity documents prior to, or during, the application process; and if he will make a statement on the matter. [36651/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Implementing effective border security arrangements is a priority for me, and the Programme for Government commits to developing a border security strategy to deliver stronger border security.
The establishment of a person’s identity and nationality is an important feature of our immigration process. At ports of entry, Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004.
I can advise the Deputy that my Department and the Garda National Immigration Bureau (GNIB) are working closely with airlines on a range of measures to ensure that passengers have the required documentation when boarding. This includes delivering in-person training to relevant airline ground-handling staff on immigration requirements and false travel documentation. Border Management Unit (BMU) officials are also available 24/7 to assist airlines with any immigration queries.
BMU and GNIB also have an ongoing intelligence-led programme of operations at the point of airplane disembarkment to detect passengers who destroyed documents inflight and to identify the point of embarkation of undocumented passengers. Last year the BMU have carried out over 7,300 doorstep operations at Dublin Airport; so far in 2025, over 2,500 doorstep operations have been conducted.
While there are some exceptions for travel within the Common Travel Area, Section 11 of the Immigration Act 2004, requires that people arriving in Ireland must possess a valid passport or equivalent document, establishing their identity and nationality, and provide this document to immigration officers. Section 12 of the 2004 Act, requires non-EEA nationals to produce identity and residency documents upon demand by An Garda Síochána. An Garda Síochána may prosecute a person for failing to produce an identity document under Sections 11 and 12 of the Immigration Act 2004. Please note that charges under Section 12 of the 2004 Act, cover multiple incident types and do not relate solely to persons arriving into the State.
As the Deputy will be aware, the prosecution of offences in these instances are a matter for An Garda Síochána and the Director of Public Prosecutions, who are independent in the exercise of their functions in this regard; as Minister I have no role in the taking of such prosecutions. I am advised by the Garda Commissioner between January 2024 and May of 2025, 176 people have been brought before the courts in respect of these offences, of which 137 have received a conviction.
Finally, I can advise the Deputy the EU Migration Pact introduces mandatory processing times for International Protection applications. Ireland along with other Member States will be required to process applications in 3 months for an accelerated decision. This will apply to, amongst others, people who have misled authorities such as by destroying identity documents.
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