Minister Jim O’Callaghan secures Cabinet approval for publication of the General Scheme of the International Protection Bill 2025

The Minister for Justice Jim O’Callaghan has today secured Cabinet approval to progress legislation that will lead to the most significant reform of Irish asylum laws in the history of the State in line with the EU Migration and Asylum Pact.

The Pact is a new EU framework to manage migration and asylum for the long-term. The overall objective of the Pact is to provide a fair, sustainable and efficient asylum procedure. This will be achieved through convergence in asylum practices across the EU.

As part of this, the General Scheme of the International Protection Bill 2025 is intended to replace the International Protection Act 2015.

The approval by Cabinet will allow for the publication of the General Scheme and referral of the General Scheme to the relevant Oireachtas Committee for pre-legislative scrutiny, and for the drafting of the new Bill.

Minister O’Callaghan said:

“The current international protection system is not working effectively, with decisions taking far too long. The Pact offers us an opportunity both here in Ireland and across the EU to reset the system. This General Scheme is an important next step in one of the most significant reforms of Irish asylum law in decades.

It is my belief that implementing a firmer migration system is a key element in protecting the integrity of our immigration framework, while supporting those in need of international protection. This new legislation will facilitate the new changes that will be introduced.

These important changes include streamlining the decisions process, streamlining the returns process, a new ‘Border procedure’ with a three-month time limit for decisions, and new institutional arrangements for international protection decisions and appeals.

It is also proposed that oral hearings of appeals will be significantly more limited than at present under the International Protection Act 2015. Fewer oral hearings at appeal stage will allow decisions to be made without the need for applicants, legal representatives and translators all to be present.

Appeal officers will make decisions based on the information on file from the initial decision and any additional written information submitted in the appeal process. This will drive efficiency and time savings. These reforms will continue to ensure the rights of applicants, under EU and Irish law, to be heard in the application process and to have an effective remedy in the appeal process.

These changes are ultimately about giving those who are entitled to international protection the opportunity to rebuild their lives here quickly and, at the same time, ensuring faster removals in respect of those who do not meet the criteria.”

The proposed legislation delivers on the Programme for Government commitment to “Implement the new EU Migration and Asylum Pact through a new International Protection Act.”

Ends

Notes for editors:

The General Scheme of the International Protection Bill 2025 can be viewed here: https://assets.gov.ie/static/documents/General_Scheme_International_Protection_Bill_2025.pdf

Ireland’s National Implementation Plan (NIP) sets out the State’s proposed approach to meeting the requirements set out in the EU Migration and Asylum Pact in line with the June 2026 timeline set.

Details of Ireland’s National Implementation Plan can be viewed here:

Brief on Ireland’s National Implementation Plan for the EU Migration and Asylum Pact

Outline of the General Scheme of the International Protection Bill:

Part 1: Preliminary: Deals with preliminary matters. Following enactment, the legislation will come into operation in respect of international protection applications lodged from 11pm Irish time on 11 June 2026. The Asylum and Migration Management provisions apply from 1 July 2026.

Part 2: Arrivals and Screening: Provides for matters relating to the screening of applicants for international protection.

Part 3: Application for International Protection: Provides for the procedures that will apply where a person applies for international protection in Ireland. The asylum procedure will be transformed to follow the procedure outlined in the Asylum Procedure Regulation.

Part 4: Asylum and Migration Management: Implements provisions of the Asylum and Migration Management Regulation relating to determination of the Member State responsible for examining an application. The new responsibility provisions replace the Dublin III Regulation.

Part 5: Assessment of Applications for International Protection at First Instance: Provides for matters relating to assessment of international protection applications.

Part 6: Examination of Applications for International Protection: Sets out the procedure when applications for international protection are examined at first instance and on appeal.

The Asylum Procedure Regulation mandates that Member States issue a return decision at the same time as a decision which rejects an international protection claim. It is proposed that such a decision will include: (i) a decision that the applicant does not qualify for refugee status; (ii) a decision that the applicant is not eligible for subsidiary protection; and (iii) a return decision. These decisions will be subject to a single simultaneous appeal to the new Second Instance Body.

It is proposed that officers of the Minister will directly make decisions on international protection applications, including return decisions, which may be appealed to the Second Instance Body.

Part 7: Assessment of Applications for International Protection at Second Instance: Makes provision for appeals. The provisions take account of the proposed new arrangements where an applicant will receive decisions on their refugee status, subsidiary protection and a return order simultaneously, which then also can be appealed simultaneously. The new Second Instance Body will have the power to make decisions itself to grant or refuse refugee status or subsidiary protection and to affirm, overturn or vary return decisions. It is proposed that oral hearings of appeals will be more limited than at present under the International Protection Act 2015.

Part 8: Declarations and Other Outcomes: Provides for matters relating to outcomes of the international protection application process, including returns. It is proposed that it will be mandatory for a return decision to be issued as part of a decision rejecting an application for international protection, except where such a return decision would be unlawful.

Part 9: Content of International Protection: Deals with the rights and entitlements of persons who have been granted international protection and gives effect to provisions of the Qualification Regulation.

Part 10: Humanitarian Admission Framework, Programme Refugees and Temporary Protection: Provides for matters relating to programme refugees and temporary protection of displaced persons, with expanded and clarified provisions to deal with revocation of temporary protection.

Part 11: Appeals and the Second Instance Body: Provides for the establishment, membership and functions of the new Second Instance Body, which will deal with appeals under the Bill.

Part 12: Asylum Border procedure: Provides for the border procedure, which sets a 12- week time limit for first instance and appeal decisions to be completed for applicants from countries of origin with a recognition rate of 20% or less across the EU, or who have no documents or false documents, or who pose a security risk. The aim is to issue decisions in the quickest time possible to those less likely to have an entitlement to international protection.

Part 13: Return Border Procedure: Provides for the return border procedure (RBP), aligning appropriately with relevant provisions of the RBP Regulation. Applicants whose applications are rejected under the asylum border procedure will, with limited exceptions, be placed in the RBP.

Part 14: Allocation of Accommodation, Restrictions of Movement, and Detention: Makes provision for the detention of international protection applicants in limited circumstances.

Part 15: Chief Inspector of Asylum Border Procedures: Provides for the establishment of an independent monitoring mechanism (IMM) whose purpose will be to ensure that, during the screening process and the application of the border procedure, there is full compliance with EU and international law, including the EU Charter of Fundamental Rights, and to investigate any allegations of breaches of same. It is proposed that the IMM functions will be conferred on an individual Chief Inspector of Asylum Border Procedures.

Part 16: Unaccompanied Minors: Provides for matters relating to minors, including unaccompanied minors and age assessments.

Part 17: Offences: Makes provision for offences under the General Scheme.

Part 18: Transitional Provisions: Provides for transitional measures. Existing caseloads of applications and appeals under the International Protection Act 2015 will continue to be dealt with under that Act.

Part 19: Miscellaneous Provisions: Makes provision for matters such as designation of safe countries of origin, designation of safe third countries, and the concept of first country of asylum.

Part 20: Crisis and Force Majeure Regulation: Specifies the process that will apply where it is proposed that Ireland should request the European Commission to activate the procedure in the Crisis and Force Majeure Regulation.

Part 21: Miscellaneous Amendments: Provides for amendments to other enactments.