Press release
Minister McEntee secures Cabinet approval for legislative change to allow resumption of returns to the UK
Published on
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Published on
Last updated on
Minister for Justice Helen McEntee has today secured Cabinet approval for legislative proposals that will allow for the resumption of returns of inadmissible international protection applicants to the UK.
There has been an arrangement on returns in place between Ireland and the UK since Brexit, which was agreed in November 2020.
In March 2024, the High Court found that the statutory scheme used to designate a safe third country under s72A of the International Protection Act 2015 is legally flawed as it fails to require the Minister to be satisfied that a person would not be subjected to serious harm when returned to that country. This was one of a number of cases were taken by individuals challenging their return to the UK. The first court case was taken following the resumption of removals, which had been suspended (except on security or public policy grounds) during the COVID-19 pandemic.
The practical effect of this judgment is that the State has been unable to return people to the UK in cases where the UK is deemed to be the appropriate country to process any application for protection.
The legislative proposals agreed by Cabinet today will amend the International Protection Act 2015, enabling Ireland to resume the returns to the UK.
The Minister stated:
“Ireland has and needs to have a firm rules-based system where rules are in place, where rules are enforced, and where rules are seen to be enforced.
"Ireland and the UK share a common interest in the effective operation of the Common Travel Area, and work closely together to prevent any abuses of the CTA.
"To combat any abuse of the CTA, it is essential that we have mechanisms in place to return people to the UK where the UK is deemed to be the appropriate country to process any application for protection.
"The arrangement we have had in place since Brexit is a reciprocal arrangement, to ensure that neither of our countries are a place for people to evade or obstruct the immigration controls and processes of the other. It hasn’t been operational owing to a High Court judgment which identified a legal issue which had a bearing on the operation of that arrangement.
"The legislative changes that I will bring to the Houses in the coming weeks will ensure that the arrangement can be operationalised.
"The is one of a number of measures which I am taking to make sure we have an immigration system which is firm but fair. Fair on those who need it and firm on those who don’t."
The Act will be amended to insert provision for consideration of serious harm to take place under section 21, section 50A and section 72A. It will also allow for family and private life rights to be considered in the context of issuing a return order under section 50A.
Today’s announcement builds on other recent initiatives to improve the international protection system in Ireland.
Last week, Minister McEntee extended fast processing to whatever country has the highest number of applicants (currently Nigeria).
Since the introduction of accelerated processing in November 2022, the applications from the eight designated safe countries have dropped by 50%. Two additional countries were added to the safe country list earlier this year and eight more are under review.
Under the fast-track regime, applicants receive an interview date when they arrive and a first decision within 90 days. This means that someone who has a right to protection gets it much more quickly, but it also means those without a right can be returned more quickly. It also means those refused have a negative immigration record which impacts their ability to travel internationally.
The Minister has also said that her department is taking over the immigration registration function from An Garda Síochána, which will free up to 100 Gardaí for other immigration enforcement work, including deportations.
Following the departure of the United Kingdom from the European Union, section 72A (Designation of safe third countries) was inserted into the International Protection Act 2015.
This section allows the Minister for Justice to designate, by order, a third country as a safe third country where certain conditions are met.
In order to designate, the Minister must be satisfied that that a person seeking to be recognised in the country concerned as a refugee will be treated in accordance with the following principles in that country:
a)life and liberty will not be threatened on account of race, religion, nationality, membership of a particular social group or political opinion,
b)the principle of non-refoulement in accordance with the Geneva Convention is respected,
c)the prohibition of removal, in violation of the right to freedom from torture and cruel, inhumane or degrading treatment, as required by international law, is respected, and
d)the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.
Following consideration of the above criteria, the Minister designated the United Kingdom as a safe third country on 31 December 2020 by way of SI No. 725/2020.