Overview of the main changes since the previous report update

Republic of Ireland

Country Report: Overview of the main changes since the previous report update Last updated: 25/05/23

Author

Irish Refugee Council Visit Website

This report was previously updated in April 2022.

 

International protection

Asylum procedure

  • Key asylum statistics: In 2022, 13,651 asylum applications were lodged.[1] This figure represents the highest number of applications ever made in a year. The International Protection Office (IPO) issued a total of 4,402 decisions, 80% of which were positive.[2] Among these, 1,452 decisions granted international protection to applicants, while 2,081 granted humanitarian permission to remain.[3] The significant increase in grants of humanitarian permission to remain can likely be explained by the establishment of the Regularisation Scheme for Long-term Undocumented Migrants. At the time of updating, under the International Protection strand of the scheme, 1,434 grant decisions had been issued, while a further 1,020 applications were accepted but applicants were granted an alternative immigration permission such as refugee or subsidiary protection status or permission to remain.[4] The median processing time for cases processed to completion in 2022 was 18 months.[5] The average processing time for appeals before the International Protection Appeals Tribunal in 2022 was 10.5 months.[6] A total of 3,913 personal interviews were conducted throughout the year.[7]
  • Processing of applications: The International Protection Office processed 4,402 cases to completion in 2022.[8] According to latest available statistics, the number of international protection applications throughout 2022 has increased significantly when compared with the previous reporting period. There was a total of 13,651 applications for international protection made throughout 2022.[9] This increase can be explained by reference to a number of factors, including the ceasing of the international travel restrictions associated with the Covid-19 pandemic, conditions in countries of origin and first countries of asylum, as well as significant changes in migration policy in the United Kingdom.[10]
  • Length of procedure: Throughout 2022, the median processing time for first instance decisions was approximately 18 months for all cases.[11] This marks a slight overall decrease on the previous reporting period (23 months for non-prioritised applications and 14 months for prioritised applications). However, processing times remained lengthy in view of the commitment by the Department of Justice to reduce the overall processing time to 6 months in line with the recommendations of the Expert Advisory Group.[12] The median waiting period for appeals before the IPAT was 10.5 months.[13]
  • Access to procedure: In October 2022, it was reported that a unit was to be established at Dublin Airport in order to facilitate stricter immigration checks in respect of arriving passengers. The establishment of the unit was reported to be part of a range of measures introduced by Government with a view to reducing the number of individuals claiming international protection in Ireland. [14] Further reports in September and October 2022 indicated that additional immigration control measures had increased at Dublin Airport, targeting in particular individuals seeking to disembark from arriving aircraft with false documentation.[15] One such report indicated that ‘before the flight landed, the crew asked passengers to get out their passports for immigration checks…Once it touched down, border control officers came on the plane.’[16] When passengers queried the practice, they were advised that Immigration Officers were ‘looking for people without visas.’[17] Despite indications from the Department of Justice in recent years that this practice had been largely scaled back, such reports suggest that the policy continues to operate in practice as of 2022.
  • International protection appeals: All appeals deemed suitable proceeded before the IPAT on a remote basis via audio-video link throughout 2022. In circumstances where an appeal was deemed unsuitable to proceed remotely, the appeal proceeded by way of an on-site oral hearing. This usually occurred in situations whereby to proceed with the appeal remotely would be contrary to the interests of justice. As of January 2023, just of appeals continued by way of remote hearing, save at the request of the applicant or whereby to conduct the appeal remotely would be contrary to the interests of justice. From 1 January 2022 to 31 December 2022, the IPAT scheduled a total of 1,881 hearings, approximately 766 of which proceeded on a remote basis. [18] Of the total number of hearings scheduled, 1,551 hearings proceeded.[19]
  • Revised international protection procedure: On the 8th of November 2022, the International Protection Office introduced a revised international protection application procedure.[20] In accordance with the European Communities (International Protection Procedures) Regulations 2022, an applicant attending at the International Protection Office in order to make an application for international protection is now required to complete their International Protection Questionnaire onsite at the IPO, in addition to completing their preliminary interview.[21] The international protection questionnaire has been reduced significantly to 24 questions in order to enable applicants to complete the questionnaire at the time of making their application.[22] Under the revised procedure applicants from so-called ‘safe countries of origin’ will now receive a date for their substantive interview within four to six weeks of making their initial application. It should also be noted that, pursuant to the relevant regulation, this accelerated procedure may also be applied to any application subject to the need for fairness and efficiency and whereby the International Protection Office considered same necessary and expedient. According to the International Protection Office, all applications will continue to be examined individually and applicants whose applications are examined under the new procedure will retain the right to appeal a negative recommendation by the IPO to the International Protection Appeals Tribunal.[23] However, pursuant to the International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022, if the IPO recommends that an applicant’s application for refugee or subsidiary protection should be refused on the basis of one of the reasons established pursuant to s.39(4) of the International Protection Act 2015, the timeframe in which to submit an appeal is shortened to 10 working days from the date of the decision.[24] Such reasons include whereby a finding is made by the International Protection Office that the issues raised in the application were not relevant to the applicant’s eligibility for international protection, whereby the applicant’s representations have been inconsistent or contradictory, whereby the applicant failed to make the application as soon as they could without good reason, whereby a finding is made that the applicant did not require international protection due to the possibility of safe internal relocation within their country of origin, or whereby the application is refused and the applicant comes from a safe country of origin.[25]  An applicant’s appeal will be decided without an oral hearing, unless IPAT believes that it is in the interests of justice to hold an oral hearing.[26] According to the IPO, the rationale for the new procedure is to ensure that international protection applications, particularly those from safe countries of origin, are dealt with in a timelier manner so as to increase processing capacity and reduce delays.[27] However, the Irish Refugee Council has written to the Minister for Justice, addressing numerous significant concerns in relation to the appropriateness of the revised procedure.[28]Such concerns relate particularly to applicants who may have had traumatic experiences prior to their arrival in the state. These applicants are required to complete and submit their questionnaire in an open-plan waiting area at the IPO, an environment which is often extremely busy, noisy and tense. This raises significant concern in relation to the applicant’s privacy and personal data protection. Moreover, it is an extremely inappropriate physical space for applicants to complete such a significant document and gives rise to a risk of re-traumatisation insofar as particularly vulnerable applicants are concerned. Additionally, the revised process completely removes the applicant’s practical access to legal advice prior to the submission of their international protection questionnaire. Unless an applicant is accompanied to the IPO by a lawyer when making their application, they do not have the benefit of legal advice in advance of submitting their international protection questionnaire, a document upon which significant reliance is placed in the applicant’s substantive interview. Translation services, as well as ‘inter-cultural support officers’ are available to applicants in order to assist them in the completion of their questionnaire,[29] however, it is not clear what exactly the role of the ‘inter cultural support officer’ involves or the extent of the assistance they can be provide to applicants in the completion of their questionnaire. Having accompanied clients to apply for international protection on several occasions following the establishment of the revised procedure, in the Irish Refugee Council’s experience, Cultural Support Officers have not been present to assist applicants in the completion of their questionnaires, while the standard of translation services provided has been unsatisfactory given the importance of the questionnaire in the overall application process. From 8 November to the 31 December 2022, 448 cases have been processed under the accelerated procedure with applicants originating from Georgia, South Africa, Albania and Kosovo. The median processing time for cases under the accelerated procedure was 33.75 days.[30]
  • Revised age-assessment procedure: In correspondence with the Irish Refugee Council in February 2022, it was confirmed that Tusla does not currently have a national policy or approved internal guidelines on age-assessments for use in determining the age of unaccompanied minors or separated children referred from IPO or Dublin Airport. The reason given for this was that there exists no provision in legislation for Tulsa to conduct such assessments. The relevant legislation for undertaking such assessments is the International Protection Act 2015, which confers the responsibility for conducting age assessments on the Minister for Justice. Thus, according to Tusla, the conducting of such assessments is not part of its statutory function.[31] In July 2022, the Irish Refugee Council, along with the Jesuit Refugee Service wrote to Tusla and the International Protection Office expressing concern regarding the State’s existing practice for conducting age assessments, noting that the procedure did not comply with European Union law and fell short of international best practice. Following this correspondence, Tusla are currently engaged in a further deliberative process  in conjunction with its operational and legal services to determine an eligibility criterion for receipt of Tusla services. This draft procedure will be published once finalised and approved by Tusla’s National Policy Oversight Committee.[32] As of January 2023, the policy had yet to be published, however, correspondence from Tusla to the Irish Refugee Council’s Independent Law Centre indicated that publication of the policy was to be expected in early course.[33]
  • Resumption of deportations: Deportations were suspended in early 2020 owing to the onset of the Covid-19 pandemic. However, in July 2022, the Department of Justice confirmed that deportations would resume following the lifting of public health restrictions associated with the pandemic and the resumption of international travel.[34] The total number of deportations effected throughout 2022 by the Department of Justice in respect of unsuccessful international protection applicants was 54,[35] while 174 deportation orders were issued by the Department in 2022 up to the 21 October 2022.[36]
  • Response to the situation in Afghanistan: In August 2021, in response to the emerging humanitarian crisis in Afghanistan, the Department of Justice confirmed that it would begin prioritising international protection applications from Afghan nationals in line with updated advice provided by UNHCR. Afghan nationals facing transfers to other EU countries pursuant to the Dublin III procedure had their applications for international protection examined in Ireland on compassionate grounds.[37] The Department also confirmed that applications for family reunification made by Afghan nationals pursuant to the International Protection Act 2015 would now be prioritised and fast-tracked to completion, with full consideration given to the humanitarian context.[38] Additionally, as of the 28th of November 2022, the Irish government had provided visa waivers to approximately 600 persons fleeing Afghanistan[39], with the first group of evacuated refugees arriving in August 2021.[40] A total of 142 join family visas and 104 family reunification applications were also approved.[41] In September 2021, the Irish Government also approved the introduction of the Afghan Admissions Programme, enabling current or former Afghan nationals legally resident in Ireland on or before 1 September 2021 to apply to nominate up to four close family members – either living in Afghanistan or who have recently fled to neighbouring territories – to apply for temporary residence in Ireland. The programme envisages the admission of up to 500 Afghan nationals to Ireland. While welcoming the introduction of the programme, the Irish Refugee Council, along with several other migrant rights organisations, highlighted various points of concern, including the limited number of places available and the restrictive eligibility criteria. The programme opened for applications on 16 December 2021 and closed on 11 March 2022. There was a total of 528 applications and as of 28 November 2022, just 22 applications had been approved, despite the deteriorating security situation in Afghanistan.[42]

 

Reception conditions

  • Revised vulnerability assessment procedure: Regulation 8 of the European Union (Reception Conditions) Regulations 2018 provides for the establishment of a vulnerability assessment process. Until January 2021 however, no standardised assessment was carried out in respect of vulnerable international protection applicants, despite this being a clear requirement under EU law. At the end of January 2021, a pilot project to assess the vulnerability of applicants was established at Balseskin reception centre in Dublin.[43] The pilot scheme was subsequently extended to all newly arrived international protection applicants, as well as existing applicants, and aims to determine whether the applicant has special reception needs arising from any vulnerabilities identified. As of January 2023, the pilot programme continued. Up to October 2022, approximately 2,114 assessments had been undertaken with 1,024 individuals identified as vulnerable.[44] In September 2022, IPAS published a Vulnerability Assessment Pilot Programme Policy, setting out the nature and purpose of the vulnerability assessment.[45] Pursuant to the newly established policy, the vulnerability assessment procedure was also altered substantially. Vulnerability Assessment Questionnaires are provided to all individuals making an application for international protection. Questionnaires are made available to applicants in a number of languages, both at their accommodation centres and online via IPAS’ website. A referral form for service providers and third parties working with international protection applicants have also been made available and can be completed by the service provider with the applicant’s consent. Both documents contain a series of questions relating to the vulnerability indicators contained within the Reception Conditions Directive. The applicant, or service provider, is required to return the questionnaire to the IPAS Resident Welfare Service by email or post. Assessment Officers from the Resident Welfare Team review all returned questionnaires to determine the applicant’s vulnerability status. Whereby an assessment indicates that an applicant has one or more vulnerability the Assessment Officer may contact them to discuss their vulnerability further. In some cases, whereby an assessment indicates a high level of vulnerability, the Assessment Officer may also refer the person for further assessment with an IPAS Social Worker.[46] In the experience of the Irish Refugee Council, many applicants who have sought vulnerability assessments under the revised procedure have yet to be contacted by the Resident Welfare Team, despite many applicants presenting with evident and significant vulnerability. The Irish Refugee Council also remains concerned about the lack of information provided to applicants regarding the assessment. It has become apparent in our contact with clients that many individuals undergoing the vulnerability assessment are not aware of the purpose of the assessment, nor do they understand what the information acquired will be used for. In many cases, individuals undergoing vulnerability assessments have recently arrived in the State, often have limited English. The lack of available information is particularly troubling as applicants are not properly equipped to fully communicate their circumstances, meaning that they often do not receive the required supports.
  • Reception capacity and use of emergency centres: Capacity within the Direct Provision accommodation system remained a significant issue throughout 2022. In addition to the large number of beneficiaries of Temporary Protection arriving in Ireland, many of whom sought accommodation from IPAS, 2022 saw a very significant rise in the number of individuals seeking international protection in Ireland. Accommodation capacity was therefore extremely constrained. On several occasions during the year, IPAS exhausted its accommodation stock, resulting in many international protection applicants being refused accommodation on arrival in the state. While all applicants were later provided with accommodation, and vulnerable applicants, such as families with children, were often prioritised, in many cases, single male applicants and couples had no option but to sleep on the street for several nights until such time as suitable accommodation became available.[47] As of April 2023, 479 newly arrived asylum seekers, including single males and couples, were without any state-provided accommodation.[48] Homeless international protection applicants were initially not permitted to access any form of social welfare support while street homeless, however, at the time of updating, it had been confirmed by the Department of Social Protection that persons experiencing homelessness without the means to support themselves could apply for the Daily Expense Allowance.[49] The Irish Refugee Council’s Independent Law Centre initiated judicial review proceedings on behalf of several clients in this cohort, including one age disputed minor, citing breaches of the Reception Conditions Regulations 2018. Proceedings were ongoing at the time of updating.[50] Additionally, over the course of 2022, there was a consistent deterioration in the standard of accommodation provided to international protection applicants. 2022 saw a movement away from the traditional use of hotel and guest house accommodation and an increased reliance by the State on so-called ‘emergency centres.’ In March 2022, Citywest Hotel and Convention Centre was contracted by the International Protection Accommodation Service and repurposed as a transit hub for the processing of beneficiaries of Temporary Protection, as well as for the accommodation of newly arrived international protection applicants. Owing to limited bed capacity, many international protection applicants were forced to sleep on the floor of the Convention centre or on chairs for periods of up to 6 weeks while awaiting transfer to more permanent accommodation.[51] Many residents reported sub-standard, overcrowded living conditions, as well as significant safety and child protection concerns, posing a risk to the personal safety, health and wellbeing of both adults and children living at the facility.[52] In December 2022, the Irish Refugee Council wrote to the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, outlining its concern in relation to conditions at the facility and calling for a phased closure of the centre.[53] In July 2022, the State also began to use tent style accommodation, in which applicants were accommodated in marquee-style structures at various locations around the country. While initially intended as a temporary measure, many applicants spent months residing in wholly unsuitable accommodation which did not meet their basic needs and exposed them to at times freezing and wet weather conditions. As of December 2022, it was understood all tent accommodation had been decommissioned and residents had been transferred to alternative accommodation, following a commitment by the Minister for Children, Roderic O’Gorman’s that such accommodation would not be used again.[54] However, on 5th of January 2023, it was reported that tented accommodation was once again being used to house international protection applicants at Knockalisheen in Co Clare.[55] Additionally, on the 1st of February, it was reported that Columb Army Barracks, Co. Westmeath was to be used as a site for the establishment of 15 further tents for the accommodation of approximately 120 male international protection applicants for a period of 12 months.[56] As of the beginning of April 2023, 86 people were accommodated in tented accommodation.[57] Other emergency centres established in 2022 comprised of disused offices, large conference rooms, schools, and sports halls. Applicants were often accommodated in congregated and overcrowded settings without access to basic public services. The Irish Refugee Council has been alerted to numerous grievous risks to vulnerable residents accommodated in these centres, including to women and minor children. These reports included significant child protection issues and very serious privacy concerns.
  • Withdrawal of reception conditions: Throughout 2022, the Irish Refugee Council assisted approximately 147 international protection applicants at risk of, or experiencing, homelessness. A number of these individuals had been staying in private rented accommodation since their arrival in the State and had never accessed state-provided accommodation, while others lost their accommodation within the Direct Provision system due to alleged breaches of the House Rules. In the experience of the Irish Refugee Council, in the vast majority of these cases, requests for re-accommodation went unanswered by IPAS for several weeks, sometimes months. During this period, many applicants were forced to sleep on the street, without access to food or shelter and often in very severe weather conditions. With regard to the second cohort of applicants, those evicted from their accommodation for alleged breaches of the House Rules, it should be noted that pursuant to Regulation 6 of the Reception Conditions Regulations 2018, the State can only withdraw or reduce an applicant’s reception conditions in a very limited set of circumstances. Moreover, the Minister must inform the applicant in writing of the decision and the reasons for it. In the vast majority of the above cases, the applicant’s alleged breach could not be said to fall within the limited set of circumstances established pursuant to Article 6. Moreover, the vast majority of applicants receive nothing in writing notifying them of the withdrawal of their reception conditions or the reasons for same, thus making it practically impossible to appeal or review the withdrawal. While clients were ultimately re-accommodated following sustained advocacy, as well as intervention by the organisation’s CEO, the practices described above amount to a clear breach of the State’s obligations pursuant to the Reception Conditions Regulations. Such breaches continued to occur at the time of updating.[58]
  • Ending Direct Provision: In February 2021, the Government published the White Paper on Ending Direct Provision. The paper establishes a variety of measures aimed at replacing the system of Direct Provision with a not-for-profit accommodation model and sets out a roadmap towards establishing a new international protection support service, to be in place by 2024.[59] Following the publication of the White Paper, a staff team was established in the Department of Justice in order to lead the transition to a new accommodation model for international protection applicants, while the Minister for Children, Equality, Disability, Integration and Youth appointed a programme board, including officials from the relevant Departments and agencies, as well as independent members from various non-governmental organisations, tasked with overseeing the transition to the new model. It was initially envisaged that applicants would begin moving into new accommodation beginning in early 2022 and for this process to accelerate in the following years as more properties were acquired.[60] However, in light of the continuing accommodation crisis, it has become apparent that the Government’s aim of ending Direct Provision by 2024 is no longer feasible.[61] At the time of writing, the Department of Children was carrying out an overall review of the projected timelines and deliverables contained within the White Paper, taking account of both the delays that have arisen as a consequence of the war in Ukraine and the impact of the substantial increase in numbers of individuals seeking international protection. This review will seek to reassess the projections underpinning the White Paper, as well as considering whether it is preferable to prioritise the implementation of certain aspects of the White Paper reforms over others.[62]
  • HIQA Inspections of IPAS Accommodation: Throughout 2022, the Department of Children continued its engagement with HIQA and various other stakeholders regarding HIQA’s proposed monitoring of IPAS centres against the National Standards, which became legally binding in January 2021. An Expert Advisory Group was established, comprising of a range of different stakeholder organisations, service providers and service users, in order to inform this process and several meetings of the group were held throughout the year.[63] Concurrently, in consultation with the Office of the Attorney General, the Department of Children drafted a Regulation in which to provide the necessary legal basis for HIQA’s monitoring role.[64] At the time of updating, the draft Regulation has yet to be published, however, the Minister for Children, Roderic O’ Gorman, had confirmed that HIQA’s monitoring role would only apply to so-called ‘permanent Direct Provision Centres’, and not to emergency or temporary centres, on the basis that such centres are subject to separate contractual arrangements.[65] While the enacting of legislation giving effect to HIQA’s monitoring function is welcomed, the Irish Refugee Council is deeply concerned regarding the exclusion of emergency centres from HIQA’s remit. In the experience of the IRC, the most difficult conditions persist within ‘emergency’ and ‘pre-reception’ facilities, and not in permanent centres. Moreover, the number of emergency centres established around the country increased substantially throughout 2022, with more than half the population of the Direct Provision system living in emergency or pre-reception centres.[66] At the time of updating, IPAS accommodation centres continued to be subject to inspections both by officials within the International Protection Accommodation Service and by an independent inspectorate company.[67]

 

Detention of asylum seekers  

  • Dedicated immigration detention facilities: Following the Council of Europe Committee for the Prevention of Torture’s 7th periodic visit report on Ireland, it was determined that steps ought to be taken to address the unsuitable detention of immigration detainees in prisons.[68] In December 2021, it was announced that work had been completed on a new Block F in Cloverhill Remand Prison, which is intended to accommodate persons detained for immigration purposes and ensure that they are housed separately from prisoners on remand. Throughout the pandemic, Block F was repurposed as an isolation unit for prisoners who contracted COVID-19, to manage and control infection risk. It is intended that when the pandemic ends, Block F will revert to its original intended use, however, in the interim, persons detained for immigration purposes continue to be housed with the general prison population.[69] It was not clear at the time of updating whether persons detained for immigration purposes continued to be imprisoned with the general prison population. Additionally, a purpose-built immigration facility was opened at Dublin Airport for use in circumstances where persons are refused leave to land. The facility houses the newly opened Dublin Airport Garda Station and the Garda National Immigration Bureau. The Garda station contains four single person cells and two additional detention rooms. As of May 2022, the facility was fully operational.[70] Data provided by the International Protection Office indicated that 17 applications for international protection were made from detention in 2022, however, the reasons for the applicant’s detention was not known.[71]

 

Content of international protection

  • Suspension of visa waiver programme: In July 2022, the State suspended for a period of 12 months visa-free entry for individuals with refugee status traveling on Convention Travel Documents from 20 so-called ‘safe’ European countries. Previously, pursuant to the European Agreement on the Abolition of Visas for Refugees, those with refugee status could travel to and within Ireland for up to 90 days without requiring a visa or prior clearance. Following the suspension, those seeking to travel to Ireland are now required to apply for a visa in order to enter Ireland, facing processing times of approximately 8-14 weeks.[72] The measure has been implemented with a view to protecting the ‘integrity’ of the immigration system, according to the government, who cited an increase in those who had already received refugee status in another European country travelling to Ireland applying for asylum.[73] According to statistics released by the Department of Justice, 479 such applications were made, representing 7% of the overall applications for international protection during that period.[74]
  • Resumption of in-person citizenship ceremonies: On 18 January 2021, it was announced that the obligation to attend citizenship ceremonies would be temporarily replaced during COVID-19 with an alternative requirement for citizenship applicants to sign an affidavit declaring loyalty to the State. Upon the return of a fully completed declaration, the Department of Justice issued a certificate of naturalisation. This system continued in operation until June 2022, when in-person ceremonies were re-introduced following the removal of public health restrictions associated with the Covid-19 pandemic.[75] A total of 13, 613 applications for citizenship were granted in 2022.[76]
  • Regularisation Scheme for Long Term Undocumented Migrants: On 3 December 2021, the Minister for Justice announced the establishment of a scheme to regularise long-term undocumented migrants which opened for applications on 31 January 2022. The scheme enables applicants and their eligible dependants to remain and reside in Ireland and to regularise their residence status whereby the applicant has a period of 4 years residence in the State without an immigration permission, or 3 years for applicants with minor children, immediately prior to the date on which the scheme opens for applications. Those with an existing Deportation Order were also permitted to apply whereby they met the minimum undocumented residence requirement. Additionally, international protection applicants who had an outstanding application for international protection and had been in the asylum process for a minimum of 2 years were also permitted to apply pursuant to a separate application process. Applications for those in the International Protection strand opened on 7 February 2022.[77] According to data released by the Department of Justice, 6,548 applications in respect of 8,311 people were submitted under the Long-Term Undocumented strand of the scheme, including 1,108 applications in respect of minors, submitted as a part of family applications. As of the 12 December 2022, 4,857 decisions had been issued to applicants and of these 4,796 (97 %) were positive decisions and 94 (2%) were negative decisions, while 47 (1%) applications had been withdrawn by applicants for various reasons.[78] Under the International Protection strand of the scheme, 3,198 applications were received. 1,434 grant decisions had been issued, while a further 1,020 applications were accepted but applicants were granted an alternative immigration permission such as refugee or subsidiary protection status or permission to remain.[79]

 

Temporary protection

The information given hereafter constitute a short summary of the Annex on Temporary Protection for this report, for further information, see Annex on Temporary Protection.

 

Temporary protection procedure 

  • Response to the situation in Ukraine: Following the Russian invasion of Ukraine in February 2022, the Irish government announced that a visa waiver would apply to all Ukrainian nationals entering Ireland. As of December 2022, the visa waiver applied only to Ukrainian nationals and persons with international protection status in Ukraine. Non-EEA nationals, if they were visa required nationals, would still need a visa to enter Ireland. Those who travelled to Ireland under the visa waiver will have a period of 90 days in which to regularise their status in the State.[80] The Irish Government has asked all airline carriers to accept Government-issued identity documents, not usually accepted for the purposes of international travel, in lieu of a national passport: including, National ID Cards, Birth Certificates, Internal Passports, and expired passports.[81]
  • Qualification for temporary protection: Following the activation of the Temporary Protection Directive (TPD), the Irish Government established a special status, temporary protection, to be conferred on Ukrainian nationals, beneficiaries of international protection status, stateless persons, and the family members of the above. This status also applies to third country nationals in circumstances where it can be demonstrated that it is unsafe for the individual to return to their country of origin. This status permits eligible individuals who resided in the Ukraine prior to 24 February 2022 to access to the labour market, social welfare systems and medical care on the same basis as Irish citizens. This permission will initially be for one-year and may be renewable, depending on how matters progress. The activation of the TPD does not affect an individual’s right to apply for international protection in Ireland.[82] As of 11 May 2023, 82,196 individuals had registered for temporary protection in Ireland.[83]

 

Content of temporary protection

  • Access to asylum: There is no requirement for those fleeing the war in Ukraine to seek international protection in order to receive support and protection upon arrival in Ireland. While applicants can choose to seek international protection, one cannot benefit from temporary protection at the same time. However, once registered under the Temporary Protection Directive, it is possible for a beneficiary to instead apply for international protection, provided they first renounce their temporary protection status. Equally, it is possible for someone who has previously applied for international protection to subsequently register for temporary protection, provided they withdraw their asylum application and meet the qualifying criteria for temporary protection.[84]
  • Housing: A reception centre opened at the Dublin Airport in order to process applications for persons arriving in Ireland from Ukraine. Individuals were provided with Temporary Protection letters, Personal Public Service numbers, medical cards and other relevant supports and advice. The Department of Justice and the Department of Children established offices in the centre and the International Organisation of Migration (IOM) supported the operation of the facility. Translation services were also provided where required. Further Ukraine Support Centres were subsequently established in Dublin city centre, Limerick, and Cork.[85] As of December 2022, operations at the Dublin Airport and Dublin city centre centres had ceased and instead moved to Citywest Convention Centre in west Dublin. Individuals arriving in Dublin Airport were brought directly to Citywest where they could apply for Temporary Protection and a PPS number. Individuals arriving at Rosslare Port could apply for Temporary Protection at the Port reception centre, while individuals arriving at Cork and Shannon airports could apply at the Cork and Limerick support centres respectively.[86] Individuals requiring immediate accommodation in the State have been accommodated in IPAS accommodation. From 3 January 2023, in an effort to ease pressure on the State’s accommodation system, Ukrainian beneficiaries of temporary protection staying in IPAS-provided accommodation were required to pay for their meals at a cost of €10.00 per day for adults and €5.00 per day for children. This cost had previously been borne by the State.[87] In addition to State-provided accommodation, the Irish Red Cross, in conjunction with the government and Local Authorities, established an accommodation pledge programme in which Irish residents can pledge a spare room in their home or a vacant property in which to accommodate Ukrainian beneficiaries of temporary protection.[88] As of October 2022, the Irish Red Cross had received approximately 21,000 pledges of accommodation, 10,000 of which had been deemed suitable. As of October 2022, approximately 4,800 Ukrainian nationals had been placed in hosting arrangements around the country.[89] Additionally, in March 2022, a voluntary organisation, Helping Irish Hosts, was established whereby prospective hosts can register accommodation and be matched with displaced beneficiaries of temporary protection requiring accommodation. Hosts can also register with Helping Irish Hosts in order to connect with other host families, share experiences and provide mutual support. As of January 2023, Helping Irish Hosts had matched almost 800 beneficiaries of temporary protection with over 260 Irish host households.[90] In July 2022, the Government introduced an Accommodation Recognition Payment for households hosting beneficiaries of Temporary Protection having fled the conflict in Ukraine. An initial payment of €400.00 per month was paid to hosts and backdated as far as the 4th of March 2022 whereby hosting arrangements were in place. The payment is administered by the Department of Social Protection on behalf of the Department of Children, Equality, Disability, Integration and Youth.[91] In December 2022, the payment was increased to €800.00 per month.[92]
  • Access to rights: Having received their Temporary Protection Certificate, Beneficiaries of Temporary Protection are entitled to access the labour market on the same basis as Irish citizens. The Temporary Protection Certificate itself is adequate proof of entitlement to take up employment in the State. Beneficiaries of temporary protection are thus entitled to the full range of statutory employment rights and protections in the same manner as Irish employees.[93] As of 13 March 2023, 18,101 beneficiaries of temporary protection had accessed the labour market in Ireland.[94] Child beneficiaries of temporary protection between the ages of 4 and 18 years are entitled to access public primary or post-primary education provided by the State on the same basis as Irish children.[95] The Department of Education confirmed that as of 31 March, 15,282 Ukrainian pupils have been enrolled in schools across Ireland. Of that figure, 9,877 of these pupils have been accommodated in primary schools while 5,405 pupils have enrolled in post-primary schools. Current data indicates an enrolment rate of 90% among Ukrainian children aged 5-18.[96]

 

 

 

[1] International Protection Office, March 2023.

[2] ibid.

[3] ibid.

[4] Information provided by Department of Justice and Equality, January 2023.

[5] ibid.

[6] Information provided by the International Protection Appeals Tribunal, January 2023.    

[7] International Protection Office, March 2023, 

[8] ibid.

[9] ibid.

[10] Economic & Social Research Institute, ‘Key drivers behind increase in international protection applications identified in new ESRI research’, 24 November 2022, available at: https://bit.ly/3zLMSpC.

[11] Acting Minister for Justice Simon Harris, Response to Parliamentary Question No 558, 31 January 2023, available at: https://bit.ly/3X56bmM.

[12] Department of Justice, Ministers announce new immigration reform measures, 14 October 2021, available at: https://bit.ly/3tm4HJS.

[13] Information provided by IPAT, January 2023.  

[14] Irish Examiner, ‘Stricter asylum checks, more deportations, and more basic shelter in bid to control migration’, 24 October 2022, available at: https://bit.ly/3GNNmjh.

[15] Dublin Inquirer, ‘The Government says it’s bringing back stricter asylum checks, but what does that mean?’, 2 November 2022, available at: https://bit.ly/3VQ1YTv

[16] ibid.

[17] ibid.         

[18] Information provided by the International Protection Appeals Tribunal, January 2023.

[19] ibid.

[20] International Protection Office, ‘The European Communities (International Protection Procedures) Regulations 2022 and the International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 – Information Note’, 8th November 2022, available at: https://bit.ly/3jyYBTI.

[21] ibid.

[22] Information provided by Irish Refugee Council Information and Advocacy Service.

[23] International Protection Office, ‘The European Communities (International Protection Procedures) Regulations 2022 and the International Protection Act 2015 (Procedures and Periods for Appeals)(Amendment) Regulations 2022 – Information Note’, 8th November 2022, available at: https://bit.ly/3jyYBTI.

[24] International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022.

[25] International Protection Act 2015, s.39(4).

[26] International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022.

[27] International Protection Office, The European Communities (International Protection Procedures) Regulations 2022 and the International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 FAQ’s, 8th November 2022, available at: https://bit.ly/40qKe4G.

[28] Irish Refugee Council, International Protection Procedure Changes: Letter to Department of Justice’, 28 November 2022, available at: https://bit.ly/41pecGq.

[29]         ibid.

[30]         International Protection Office, March 2023.   

[31]         Information provided by Tusla, August 2022.

[32]         Ibid.

[33]         Information provided by the Irish Refugee Council’s Independent Law Centre, January 2023.

[34]         Irish Times, ‘Deportations of those denied asylum to continue this year, government confirms’, 6th July 2022, available at: https://bit.ly/3Z2IpKo.

[35]         Acting Minister for Justice Simon Harris, Response to Parliamentary Question No 1103, 18 January 2023, available at: https://bit.ly/3Hv7eXH.

[36]         Minister for Justice Helen McEntee, Response to Parliamentary Question no 149, 26 October 2022, available at: https://bit.ly/3YpOiQK.

[37]         RTÉ, Department of Justice to prioritise international protection applications from Afghan Nationals, 18 August 2021, available at: https://bit.ly/3tbpAYi.

[38]         ibid.

[39]         Minister of State Department of Justice, Response to Parliamentary Question No 5, 6 December 2022, available at: https://bit.ly/3jqvbXB.

[40]         The Journal, First group of evacuated Afghan refugees to arrive in Ireland this evening, 23 August 2021, available at: https://bit.ly/3F3dSkE.

[41]         Minister of State at the Department of Justice, Response to Parliamentary Question No 5, 6 December 2022, available at: https://bit.ly/3jqvbXB.

[42]         ibid.

[43]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question No 80, 31 July 2021, available at: https://bit.ly/3Jnok9W.

[44]         Information provided by IPAS, December 2022.

[45]         International Protection Accommodation Service, ‘Vulnerability Assessment Pilot Programme Policy’, September 2022, available at: https://bit.ly/3ZiFbCS.

[46]         ibid.

[47]         RTÉ, ‘Citywest Transit Hub Closes to New Arrivals’, 20 October 2022, available at: https://bit.ly/3CL5ojD.

[48]         RTÉ, ‘408 newly arrived asylum seekers now homeless’, 27th March 2023, available at: https://bit.ly/40Dspuf.  

[49]         Information provided by Irish Refugee Council Information and Advocacy Service, March 2023.

[50]         Irish Examiner, ‘Homeless Afghan asylum seeker claims rights are being breached under Irish law’, 15 February 2023, available at: https://bit.ly/3mtzZNn.

           RTE, ‘High Court asked to declare that asylum seekers had their rights breached’, 3 March 2023, available at: https://bit.ly/3F7jjlz.

[51]         Information provided by Irish Refugee Council Information and Advocacy Service, January 2023. 

[52]         RTÉ, ‘Child Safety Concerns at Citywest Transit Hub’, 19 December 2022, available at: https://bit.ly/3QAuqrq.

[53]         Information provided by Irish Refugee Council’s Policy and Advocacy Officer.

[54]         RTÉ, Government U-turn on Tented Accommodation for Asylum Seekers’, 5 January 2023, availale at: https://bit.ly/3H1i5JF.

[55]         ibid.

[56]         RTÉ, ‘Columb Barracks to be used for temporary refugee accommodation’, 1 February 2023, available at: https://bit.ly/3YmGteH.

[57]   International Protection Accommodation Service, Monthly Statistics, March 2023, available at: https://bit.ly/40W887S.

[58]         Information provided by Irish Refugee Council’s Information and Advocacy Service, January 2023.

[59]         Advisory Group on Direct Provision, Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process, 21 October 2020, available at: https://bit.ly/3wvWPs.

[60]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question Nos 12, 14, 74, 77 and 82, 3 December 2021, available at: https://bit.ly/33ZH4vX.

[61]         The Irish Times, ‘Plan to end direct provision by 2023 set to be watered down amid pressure from Ukraine war’, 20th October 2022, available at: https://bit.ly/3k4juWS.

[62]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question No 436, 13th December 2022, available at: https://bit.ly/3w5owFe

[63]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question No 1361, 26th July 2022, available at: https://bit.ly/3Xd3sc3.

[64]         ibid.

[65]         ibid.

[66]         Data provided by the International Protection Accommodation Service.

[67]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question No 1361, 26th July 2022, available at: https://bit.ly/3Xd3sc3.

[68]         Minister for Justice Helen McEntee, Response to Parliamentary Question No 485, 16 December 2021, available at: https://bit.ly/3sIJQQM.

[69]         ibid.

[70]         Department of Justice, ‘Minister McEntee Attends Official Opening of Dublin Airport Garda Station’, 6 May 2022, available at: https://bit.ly/3HzrirV.

[71]         International Protection Office, March 2022.   

[72]         European Commission, Suspension of Visa-free Movement Programme for Refugees, 18 July 2022, available at: https://bit.ly/3wjqJNu.

[73]         Government of Ireland, Government agrees to temporarily require refugees travelling to Ireland from safe European countries to hold visas, 18 July 2022, available at: https://bit.ly/3XlNtZc.

[74]         European Commission, Suspension of Visa-free Movement Programme for Refugees, 18 July 2022, available at: https://bit.ly/3wjqJNu.

[75]         Irish Times, ‘First in-person citizenship ceremonies since covid welcome 950 new Irish citizens’, 20 June 2022, available at: https://bit.ly/3JAHifV.

[76]         Acting Minister for Justice and Equality Simon Harris, Response to Parliamentary Question No. 195, 1 February 2023, available at: https://bit.ly/3HUmkY0.

[77]         Department of Justice, Regularisation of Long Term Undocumented Migrant Scheme, 13 January 2022, available at: https://bit.ly/3nsCtJL.

[78]         Acting Minister for Justice Heather Humphreys, Response to Parliamentary Question No 290, 15 December 2022, available at: https://bit.ly/3sIJQQM.

[79]         Information provided by Department of Justice and Equality, January 2023.

[80]         Immigration Service Delivery, ‘FAQ’s – For Ukraine Nationals and Residents of Ukraine’, 23rd December 2022, available at: https://bit.ly/3hMbVzK.

[81]         ibid.

[82]         Immigration Service Delivery, FAQs – for Ukraine Nationals and Residents of Ukraine, 21 March 2022, available at: https://bit.ly/3LdFUgS.

[83]         Central Statistics Office, ‘Temporary Protection granted to arrivals from Ukraine’, 11 May 2023, available at: https://bit.ly/3pMju0B.

[84]         Immigration Service Delivery, ‘FAQ’s – For Ukraine Nationals and Residents of Ukraine’, 23 December 2022, available at: https://bit.ly/3hMbVzK.

[85]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question Nos 8, 13, 19, 30, 50, 65, 72, 73, 298 and 306, 24 March 2022, available at: https://bit.ly/3jZ13D8.

[86]         Immigration Service Delivery, FAQs – for Ukraine nationals and Residents of Ukraine, 6 January 2023, available at: https://bit.ly/3jP6F2y.

[87]         The Irish Times, ‘Ukrainian refugees must start paying for meals or face eviction’, 31 December 2022, available at: https://bit.ly/3CxPDfT.

[88]         Minister for Children, Equality, Disability, Integration and Youth Roderic O’Gorman, Response to Parliamentary Question Nos 8, 13, 19, 30, 50, 65, 72, 73, 298 and 306, 24 March 2022, available at: https://bit.ly/3jZ13D8.

[89]         RTÉ, ‘Host Family Wait 6-months to welcome Ukrainian families’, 26 October 2022, available at: https://bit.ly/3WUR2Wa.

[90]         Open Community, Supports for Hosts and Host Communities, January 2023, available at: https://bit.ly/3VVSDtr.

[91]         Government of Ireland, €400 ‘Accommodation Recognition Payment’ for hosts accommodating people from Ukraine is open for applications, 26 July 2022, available at: https://bit.ly/3ZuWj8C.

[92]         Government of Ireland. Accommodation Recognition Payment, 5th January 2023, available at: https://bit.ly/3QlFnNw.

[93]         Immigration Service Delivery, ‘FAQ’s – For Ukraine Nationals and Residents of Ukraine’, 23 December 2022, available at: https://bit.ly/3hMbVzK.

[94]         Central Statistics Office, ‘Temporary Protection granted to arrivals from Ukraine’, 11 May 2023, available at: https://bit.ly/3pMju0B.

[95]         Immigration Service Delivery, ‘FAQ’s – For Ukraine Nationals and Residents of Ukraine’, 23 December 2022, available at: https://bit.ly/3hMbVzK.

[96]         Central Statistics Office, ‘Temporary Protection granted to arrivals from Ukraine’, 11 May 2023, available at: https://bit.ly/3pMju0B.

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