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Minister O’Callaghan receives government approval for the EU Asylum & Migration Pact National Implementation Plan

Minister for Justice Jim O’Callaghan today received government approval to submit Ireland’s National Implementation Plan for the EU Asylum and Migration Pact to the European Commission.

Ireland’s National Implementation Plan (NIP) outlines the plan for significant reform of Ireland’s asylum laws through new legislation, processes, technology and structures. The transition plan will ensure readiness for when the EU Migration and Asylum Pact (the Pact) comes into effect in June 2026.

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 done through stronger governance of asylum and migration policies and through convergence in asylum practises across the EU.

Speaking on today’s developments Minister O’Callaghan said:

“I am bringing forward this National Implementation Plan which will ultimately result in the most significant reform of Irish asylum laws in decades. The Pact represents a new approach on migration both here and across the EU. The National Implementation Plan approved by Cabinet today is the blueprint for how we will implement the Pact here in Ireland. The current system is not working effectively, with decisions taking far too long. We need to ensure that applications are processed in a swift fashion.

"There will be a mandatory 12-week time limit under the new border procedure mechanism. This provides for completed first instance and appeal decisions for those applicants from countries of origin with an application success rate of 20% or less across the EU, those who have no documents or false documents and those who are deemed a security risk. This provision will go a long way in making our immigration laws more robust in the future.

"The Pact National Implementation Plan sets out how Ireland will transition away from the current complex asylum system towards a future streamlined model which aims to be a structural and permanent solution to the challenges of managing migration. It is a critical next step towards my goal of implementing a firmer and more robust migration system here in Ireland.”

Minister of State for Migration Colm Brophy added:

“We are not waiting for June 2026 to make changes to our systems.

“Recent modernisation initiatives in the international protection system, enabled by significant government investment are showing significant results. In 2024 the International Protection Office (IPO) delivered over 14,000 first-decisions. There has also been a significant reduction in the number of applications received from those subject to accelerated processing.

“The Pact will provide a rights-based, digital-first asylum service that is transparent, efficient and fair and is aligned with other Member States.”

The NIP provides for:

  • the replacement of the current international protection decision process with a streamlined single first-instance decision on refugee status, subsidiary protection, and return/permission to stay. This will be followed by a single appeal to cover refugee status, subsidiary protection, and return/permission to stay
  • a mandatory border procedure will apply for asylum applicants who are unlikely to need protection, who mislead the authorities or who present a security risk. There will be a 12-week time limit for completed first instance and appeal decisions for those applicants from countries of origin with a recognition rate of 20% or less across the EU, those who have no documents or false documents, or those are deemed a security risk
  • new institutional arrangements to replace the current International Protection Office (IPO) and International Protection Appeals Tribunal (IPAT)
  • a new extended scope EuroDac (European asylum database) to track all irregular arrivals and asylum applications, reduce the age for taking of fingerprints to provide stronger protection for at-risk children, and to record additional data including security flags
  • the replacement of the Dublin Regulation with the Asylum and Migration Management Regulation (AMMR) to improve systems for responsibility (returning applicants efficiently to the Member State responsible for processing) and solidarity (supporting Member States under migratory pressure through relocation of applicants or the provision of financial or other supports)
  • investment in IT systems to support case processing and data sharing to meet the tighter processing times stipulated by the new EU Pact
  • investment in staff recruitment and training
  • new reception conditions arrangements to align with the new Reception Conditions Directive and provide for Border Procedure Centres, Standard Needs Centres, Basic Needs Centres and Unaccompanied Minors’ accommodation. The Plan provides for co-location of screening and processing services
  • enhanced vulnerability and security screening to ensure applicants are processed and supported through the appropriate procedure (Border, Accelerated, Ordinary, Inadmissible)
  • legal counselling and legal assistance systems to support applicants and ensure the legal sustainability of new processing systems
  • a new fundamental rights monitoring mechanism to ensure that the fundamental rights of applicants and migrants affected by the Pact are upheld
  • new legislation to replace the International Protection Act 2015 and elements of Immigration Acts to underpin the new systems outlined above

The NIP was developed by a dedicated EU Pact Programme team in the Department of Justice with cross-government support and in consultation with internal and external stakeholders. The plan will soon be presented to the EU Commission after which the focus will move towards the implementation of the plan to enable the State to meet the requirements of the Pact which comes into effect in June 2026.

Ireland has opted in to seven of the legislative measures in the Pact.

The legislative changes will provide for:

  • the full repeal of the International Protection Act 2015
  • legally binding timeframes for making decisions on international protection applications and appeals
  • a greater focus on efficient returns for unsuccessful applicants
  • accelerated processing including for those from safe countries, those with no or false documents, and those who have crossed borders illegally
  • those who are processed under the border procedure will be accommodated at designated locations. Their applications, appeals and removal decisions must be processed within 3 months
  • dedicated accommodation for those who are being processed in the border procedure or who are due to be returned to another country
  • expansion of the categories of migrants who will be fingerprinted and checked against the Eurodac database

Notes

The government decided on 27 March 2024 that Ireland should opt-in to the seven non-Schengen measures of the EU Migration and Asylum Pact:

  • Regulation (EU) 2024/1348: Asylum Procedures Regulation
  • Regulation (EU) 2024/1358: Eurodac Regulation
  • Regulation (EU) 2024/1351: Asylum and Migration Management Regulation
  • Regulation (EU) 2024/1359: Crisis and Force Majeure Regulation
  • Directive (EU) 2024/1346: Reception Conditions Directive (recast)
  • Regulation (EU) 2024/1347: Asylum Qualification Regulation
  • Regulation (EU) 2024/1350: EU Resettlement Framework

The Houses of the Oireachtas approved the opt-ins in accordance with Art 29.4.7 of the Constitution, and Ireland notified the EU Commission and Council of its wish to accept and be bound by the relevant measures in June 2024.

In July 2024 the EU Commission confirmed Ireland’s participation in the relevant measures in accordance with Protocol 21 to the TEU and TFEU. Ireland had already opted into another Pact measure, the Regulation on the EU Asylum Agency, in 2023.

Although Ireland cannot opt-in to the Schengen measures in the Pact, particularly the Screening Regulation and the Return Borders Procedure Regulation, it is proposed to align national measures with them as appropriate.

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