Dáil Éireann Debate, Thursday - 22 February 2024
33. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of times in this jurisdiction the EU Dublin Regulation has been enforced per annum since September 1997; the number of escorted deportations that have occurred since 2018; and if she will make a statement on the matter. [8158/24]
View answerI can advise the Deputy that the State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously. My Department is taking all necessary steps to manage the international protection process fairly, efficiently and effectively, as part of the broader Government response, while ensuring the integrity of Ireland's rules-based immigration system is maintained. Regulation (EU) No 604/2013 (Dublin III Regulations), came into force on 19 July 2013, and lays down the criteria and mechanisms for determining which EU country is responsible for examining an asylum application. The Dublin Regulation is based on the principle that the first Member State to facilitate entry to the EU should be responsible for examining the protection application. The making of a transfer decision under the EU Dublin Regulation is not a deportation order. The person is transferred to another EU MS to have their application for asylum determined. The International Protection Office considers whether applicants might have their cases considered under the Dublin Regulation. If the Regulation is deemed to apply, the applicant may appeal that decision to the International Protection Appeals Tribunal (IPAT), apply for a judicial review or submit an application under Article 17 of the Regulation. In practice, and in keeping with the experience of all Member States, effecting transfers under the Regulation is challenging, and reforming these arrangements therefore forms a key part of the ongoing discussions at EU level with respect to agreeing a new Migration and Asylum Pact. A decision to transfer made under the Dublin III Regulations expires after six months. This extends to 18 months if the applicant has absconded. If an appeal is launched, a Dublin III decision expires six months from the date the appeal decision is given.
The widespread consensus across the EU is that the Regulation has not been effective and agreeing its reform has been a key focus of negotiations under the Asylum and Migration Pact.
The Asylum and Migration Management Regulation (AMMR) which will replace the Dublin III Regulation, provides, inter alia, for streamlined criteria and reduced timeframes for determining the Member State responsible for determining an asylum application as well as revised rules on transferring responsibility and addressing evasion. This will significantly improve the current Dublin system by reducing the administrative burden on the Member States seeking to transfer a person to the Member State. It will also extend the period by which a transfer must be carried out from 18 months to 3 years, thereby seeking to address evasion of the process by absconsion. I intend to bring a Memorandum to Government shortly for a decision on opting-in to the Pact, which will allow for work to begin so a formal application to opt-in can be made in a timely manner. The table below details all Dublin iii Transfers from the State from 2018.
|
Year |
Dublin iii Transfers |
Escorted Deports enforced by GNIB |
|
2018 |
22 |
85 |
|
2019 |
30 |
155 |
|
2020 |
15 |
43 |
|
2021 |
4 |
5 |
|
2022 |
3 |
26 |
|
2023 |
3 |
52 |
|
2024 |
1 |
10 |
