Dáil Éireann Debate, Tuesday - 26 July 2022
1575. Deputy Holly Cairns asked the Minister for Justice the rationale and evidence base for her decision to temporarily suspend operation of Council of Europe Agreement for 12 months by requiring refugees travelling to Ireland from safe European countries to hold visas. [40787/22]
View answer1576. Deputy Holly Cairns asked the Minister for Justice her engagement with non-governmental organisations and not-for-profit service providers regarding her decision to temporarily suspend operation of Council of Europe Agreement for 12 months by requiring refugees travelling to Ireland from safe European countries to hold visas. [40788/22]
View answerI propose to take Questions Nos. 1575 and 1576 together.
The Government agreed on 18 July 2022 to a joint proposal from myself and my colleague, the Minister for Foreign Affairs, for Ireland to avail of the option to temporarily suspend the operation of the Council of Europe Agreement on the Abolition of Visas for Refugees (Council of Europe) for a period of 12 months.
Signatory countries to this agreement issue Convention Travel Documents to refugees, which allow the holders of such documents travel to other signatory countries without a visa or prior clearance if the purpose of the journey is solely for a visit of a maximum of three months.
The visa exemption applies to holders of a Convention Travel Document issued by Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden, or Switzerland.
Article 7 of the Agreement allows for suspension of the Agreement’s operation. The suspension came into effect from noon on 19 July 2022.
The Immigration Act 2004 (Visas) (Amendment) (No. 2) Order 2022 (S.I. No. 364 of 2022) amended the Immigration Act 2004 (Visas) Order 2014 to remove the visa exemption, with effect from noon on 19 July 2022.
This is not a decision that the Government has taken lightly. We are committed to upholding our international and EU obligations towards asylum seekers (international protection applicants) and refugees. However, where there is evidence that there may be abuse of such systems, the Government must act swiftly to mitigate the risks to maintain the integrity of our immigration and international protection systems and uphold public confidence in those systems.
Every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights. If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process.
In recent months, we have seen evidence that the visa exemption provided for in the Council of Europe Agreement is being exploited, including by some who enter the State and subsequently claim international protection, despite having already been granted such protection by another European state.
The suspension of the operation of the Agreement is temporary and will be reviewed in a year’s time. In the meantime, Convention travel document holders who want to travel to Ireland can apply for a visa under standard visa arrangements.
Where a person who has applied for international protection in the State is found to be already benefitting from international protection granted by another EU Member State, the application will be deemed inadmissible in accordance with the International Protection Act 2015. The applicant will be provided with a written report from the International Protection Office (IPO) setting out the reasons for the inadmissibility recommendation. The applicant is entitled to appeal this recommendation to the independent International Protection Appeals Tribunal.
The visa free travel arrangements for Ukrainian nationals introduced on 25 February in response to the war in Ukraine remain unaffected by this decision.
My Department is also continuing to engage with the NGO community and other key stakeholders who have played and will continue to play a key role in ensuring that our international protection system meets the needs of applicants and their families who are seeking protection in the State.
