The Dublin III Regulation ((EU) No. 604/2013) sets out the criteria for determining the Member State responsible for examining an application for international protection and provides for the applicant to be transferred to that Member State. Following the end of the Brexit transition period, the Dublin Regulation no longer applies to the return of applicants for international protection who have come from the UK to Ireland.
Following the United Kingdom’s exit from the EU, the International Protection Act 2015 (Safe Third Country) Order 2020, came into effect from 11pm on 31 December 2020. The Order designates the UK as a safe third country for the purpose of the International Protection Act 2015. The amendment enables a determination that an application for international protection is inadmissible where the person has arrived in the State from the UK and where the relevant criteria are met. Such inadmissible applicants are returned to the UK under a more simplified returns process that mirrors the EU Dublin process.
There are no plans at present to discontinue this procedure. As far as I am aware, the United Kingdom has not, at this stage, introduced any changes to their immigration or asylum systems. Following the publication of their Policy Statement ‘New Plan for Immigration’ on 24 March 2021, I understand that the UK has initiated a comprehensive consultation and engagement process on the document prior to introducing any changes. The matter will be kept under review in my Department.
The table below contains the number of Dublin III Regulation transfers effected from Ireland to the UK for the years 2018 to 2020.
Year
|
Effected to UK
|
2018
|
17
|
2019
|
28
|
2020
|
8
|
Total
|
53
|