Written answers

Tuesday, 2 December 2025

Department of Justice and Equality

Asylum Applications

Photo of Carol NolanCarol Nolan (Offaly, Independent)
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398. To ask the Tánaiste and Minister for Justice and Equality whether he will support legislation to summarily dismiss any application for asylum received from persons who had arrived in Ireland via the United Kingdom, or to prohibit any such individuals from submitting an application, since by definition they are in breach of the Dublin Convention and are not entitled to asylum in Ireland; and if he will make a statement on the matter. [67427/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am fully committed to ensuring that Ireland’s International Protection system is robust, and rules based, and that our borders are protected.

The State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments seriously.

Dublin III Regulations determine the EU country responsible for examining an asylum application and, following the United Kingdom's withdrawal from the EU, no longer apply to the UK.

However, the International Protection Act 2015, Section 21(2)(a) provides that an application for international protection is inadmissible where one or more of the following circumstances applies in relation to the person who is the subject of the application:

* Another member State has granted refugee status or subsidiary protection status to the person;

* A country other than a Member State is, in accordance with Section 21(15) of the 2015 Act, a first country of asylum for the person;

* The person arrived in the State from a safe third country that is, in accordance with Subsection 17, a safe country for the person.

Following the withdrawal of the UK from the EU, a new arrangement for reciprocal returns of international protection applicants between Ireland and the UK was agreed. However a High Court judgment subsequently identified legal issues with the process concerning the designation in Irish law of safe third countries.

The issues raised by the judgment were addressed by the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 and, following an analysis required as under the Act, I designated the UK as a safe third country for returns under S.I. No. 73/2025 - International Protection Act 2015 (Safe Third Country) Order 2025 with effect from 11 March 2025.

Arrangements for re-operationalising the agreement, on foot of the re- designation of the UK as a safe third country, are being put in place in consultation with the UK.

Ireland and the United Kingdom (UK) share a long history and common interest in the effective operation of the Common Travel Area (CTA) and work together to prevent any abuses of the CTA.

My Department chairs a CTA forum with the UK Home Office which acts as a steering committee for the ongoing work of protecting the CTA in relation to free movement of its citizens between both countries while at the same time ensuring that the CTA is not abused by those not entitled to avail of it. The Forum meets twice yearly but also meets in sub-group format to address particular elements of Ireland/UK co-operation, bringing together relevant subject matter expertise in areas such as asylum and border management.

More broadly, there is extensive engagement and cooperation at all levels between my Department officials and their Home Office counterparts, as well as significant operational cooperation between the Gardaí, UK Border Force, UK policing services and the Police Service of Northern Ireland. This strong practical engagement and cooperation serves the mutual interests of both Ireland and the UK and will continue.

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