The Irish Human Rights and Equality Commission (IHREC) has put the Government on notice that parts of its flagship immigration legislation breach fundamental rights and may well end up being challenged in the Irish and European Courts.
The International Protection Bill 2025 will give effect to the EU Migration and Asylum Pact which seeks to align asylum practices across the EU by next June.
The process by which applicants for international protection are assessed and adjudicated and, if necessary, removed from the State will be simplified with the objective of giving a decision – including appeal – within two to six months, depending on an applicant’s circumstances. The procedure currently averages 18 months.
The dysfunctional nature of the current system – and the opportunity provided to reset it by the EU Migration and Asylum Pact – is acknowledged by the IHREC. But it is equally clear that many of the proposed measures may not comply with the EU Charter on Fundamental Rights.
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It has identified several issues of concern in the proposed legislation, in particular the right of applicants to free legal advice, which will now only be available at the appeal stage. It has also flagged a lack of clarity in relation to how the age of minors will be determined if this is disputed. It has also raised concerns about the rights of applicants with no identification who are covered by the UN Refugee Convention to which Ireland is a signatory, but which is not yet incorporated into national law.
The common theme to these and the other issues raised by the IHREC is that the Government’s rush to get the International Protection Bill enacted in time to meet the deadline for the introduction of the EU pact may be counterproductive if it leaves it open to numerous legal challenges, either from the commission or others.
It notes that effective scrutiny of legislation by the Oireachtas – which appears difficult under the current timelines – could go a long way to heading off challenges . A case of the more haste the less speed.
