First country of asylum

Republic of Ireland

Country Report: First country of asylum Last updated: 30/11/20

Author

Irish Refugee Council Visit Website

Under Section 21(15) IPA a country is a first country of asylum for a person if he or she: (a) has been recognised in that country as a refugee and can still avail himself or herself of that protection, or otherwise enjoys sufficient protection in that country including benefiting from the principle of non-refoulement; and (b) will be re-admitted to that country.

An application for international protection is inadmissible if a country is deemed to be a first country of asylum for an applicant. An application for international protection is inadmissible if a country is deemed to be a first country of asylum for an applicant. There have been anecdotal reports that persons who have been deemed inadmissible by the IPO may have difficulty accessing legal representation from the Legal Aid Board.  It remains to be seen what the full impact of the inadmissibility provisions will be in practice in Ireland, however the Irish High Court has referred three questions to the CJEU regarding the application of this concept.[1]

 


[1]  M.S. (Afghanistan) v The Minister for Justice and Equality; M.W. (Afghanistan) v The Minister for Justice and Equality; G.S. (Georgia) v The Minister for Justice and Equality; (Approved) [2019] IEHC 477 (02 July 2019).

 

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation