Author
The IPA does not provide for a border procedure. A person who is at the frontiers of the State and indicates that they need asylum shall undergo a preliminary interview by an International Protection Officer or immigration officer under Section 13 IPA. They should then be given permission to enter and remain in the State as an applicant of international protection under Section 16 IPA and upon arrival at the IPO premises are granted a temporary residence certificate.
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] Chapter 6 of the Bill 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.[4] 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.[5]
[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] International Protection Bill 2026, available here.
[5] ibid.