Author
Ireland officially opted into the Pact on 27 June 2024, following a vote in both houses of the Oireachtas. While the Pact is legally in effect, Ireland, along with other EU countries, has until June 12, 2026, to fully implement the new regulations.[1] An implementation plan for the Pact was produced in November 2024. Subsequently, in April 2025, Cabinet approved the publication of the General Scheme of the International Protection Bill 2025.[2] Following pre-legislative scrutiny by the Oireachtas Committee on Justice, Home Affairs and Migration, the International Protection Bill 2026 was published.[3]
International protection application procedure
Changes to the international protection application procedure were initially introduced in summer 2025, when the IPO first implemented the Pact Transition process in respect of applications from nationals of Georgia, India, and Brazil. This process was subsequently expanded to include nationals of Albania, Algeria, Bosnia and Herzegovina, Botswana, Brazil, Egypt, Georgia, India, Kosovo, Malawi, Montenegro, Morocco, North Macedonia, Serbia, and South Africa. Applications from these nationalities were processed in a manner intended to mirror the border procedure that is scheduled to come into effect with the implementation of the Pact in June 2026. The transition is being carried out under the current legislative framework and therefore does not include certain elements envisaged under the Pact, such as restrictions on movement or the establishment of an independent rights monitoring mechanism. These measures will be introduced once the new legislation enters into force.[4]
Access to the border
There is currently no access for independent authorities or NGOs at air or land borders in order to monitor the situation, nor do there appear to be any plans to allow such access in the future under revised International Protection legislation following the introduction of the Pact.
Border procedure
Chapter 6 of the International Protection Bill 2026 envisages the establishment of a border procedure which permits international protection claims to be processed at ports of entry within a 12-week period, whereby certain circumstances arise, including whereby the applicant is considered to have ‘intentionally misled the authorities’ by presenting false information or documents or by withholding information or documentation relevant to their claim, whereby there are reasonable grounds to consider the applicant a danger to the national security or public order of the State or whereby the applicant is considered unlikely to be granted international protection due to being a national of a country which is statistically unlikely to be granted protection. The border procedure will largely mirror practices in several other EU states. Applicants processed in the border procedure are not authorised to enter Ireland while their claim is being decided. Their freedom of movement shall be restricted, and they will be accommodated in designated facilities instead. However, the Bill in its current form does not contain any definition of what amounts to a ‘designated facility’ for the purposes of the procedure.[5] The Bill also established a new statutory role, the Chief Inspector of Asylum Border Procedures. The role was established to provide independent oversight of the new border procedure and related processes. Its purpose is to ensure that the screening process and the application of the border procedure comply with EU law, international law, and fundamental rights protections, including the EU Charter of Fundamental Rights.[6]
Detention
The International Protection Bill 2026 introduces expanded statutory powers of detention in the context of Ireland’s implementation of the EU Migration and Asylum Pact. It is envisaged that detention will arise primarily during the screening phase, the border procedure, and the return process. Section 24 (Part 2) of the Bill provides for arrest and detention during screening in order to establish identity, assess admissibility, or address risks to public order.[7] Further powers of detention are established in Part 9, particularly ss.161-163, which permit detention following a return decision for the purposes of enforcing removal.[8] Additional provisions include ss.168-170, which permit detention or significant restrictions on freedom of movement under the return border procedure.[9] While the Bill states that detention must be lawful, necessary, proportionate, and used as a last resort, in line with EU law, these provisions represent a significant expansion of detention within the international protection system in Ireland and have raised extreme concerns regarding safeguards, judicial oversight, and the treatment of vulnerable persons, including children.
[1] RTÉ, ‘Dáil votes to opt into EU Asylum and Migration Pact’, 26 June 2024, available here.
[2] Department of Justice, Home Affairs and Migration, ‘Minister Jim O’Callaghan secures Cabinet approval for publication of the General Scheme of the International Protection Bill 2025’, 29 April 2025, available here.
[3] Department of Justice, Home Affairs and Migration, ‘Minister Jim O’Callaghan publishes International Protection Bill 2026’, 13 January 2026, available here.
[4] Information provided by Irish Refugee Council Policy Officer, November 2025.
[5] International Protection Bill 2026, available here.
[6] ibid.
[7] International Protection Bill 2026, s.24, available here.
[8] ibid, ss.161-163.
[9] ibid, ss.168-170.