The Irish Government is gearing up to have Ireland opt into the new EU Asylum and Migration Pact. Niaṁ Ní Mháille explains the pact and the grave consequences it is likely to have on those seeking asylum.

On 27 March 2024, the Department of Justice announced that Minister Helen McEntee had secured Cabinet agreement to seek approval from the Houses of the Oireachtas to opt into measures in the EU Asylum and Migration Pact.

The legislative changes will provide for the full repeal of the 2015 International Protection Act which defines the framework for qualification for international protection (seeking asylum), recognised reasons of persecution, application and assessment procedures, decision making and appeals.

Human Rights Watch defines the EU’s Migration Pact as a “disaster for Migrants and Asylum Seekers”.

Judith Sunderland, Associate Director, Europe and Central Asia Division wrote, “A new “political agreement” to overhaul the European Union’s asylum and migration system will severely curtail the rights of migrants, asylum seekers, and refugees. Despite triumphant rhetoric surrounding the announcement, these reforms are no cause for celebration.”

Helen McEntee is celebrating her success in bringing Ireland’s already failing protection system in line with this regressive EU pact. This has been the trajectory for Ireland’s ruling parties for some time.

In 2019, Fine Gael MEPs in the EU Parliament voted against a move to enhance search and rescue operations for migrants. In 2020, Green Party Minister Roderic O’Gorman said he wanted to take the ‘meanness’ out of the direct provision system, insisting that it would be dismantled within the current Government’s lifespan. He failed miserably. In February 2024, Fianna Fáil backbenchers in the Dáil wanted more countries to be put on the ‘safe list’ to enable more deportations. 

Now Helen McEntee and her colleagues are pushing to join this disastrous pact. Make no mistake: there is nothing to celebrate unless you are anti-migrant or a landlord politician.

Some highlights of the legislative changes will include:

1. A greater focus on efficient returns for unsuccessful applicants.
2. Accelerated processing including for those from “safe” countries, those with no or false documents, and those who have crossed borders illegally.
3. Those who are processed under the new border procedure will not be authorised to enter Ireland and will be accommodated at designated locations. Their applications, appeals and removal decisions must be processed within three months.
4. New dedicated accommodation for those who are being processed in the border procedure or who are due to be returned to another country.
5. Expansion of the categories of migrants who will be fingerprinted and checked against the Eurodac database.

As explained by the Department of Justice, a common procedure for international protection across the EU will involve four elements: an accelerated procedure, a border procedure, an inadmissibility procedure, and an ordinary or standard procedure. 

The processing of an international protection applicant will depend on which of these categories they ‘fit’ before even assessing the details and individual circumstances of the applicant.

The Minister described the opt-in to the EU Asylum and Migration pact as “the biggest reform in Irish immigration law in decades“. When legislated, these changes will indeed change the Irish asylum process fundamentally. 

The Oxford Dictionary defines reform as “make changes in (something, especially an institution or practice) in order to improve it.”

Are these changes really an improvement for humanity, particularly for universal human rights and asylum seekers? Or are they another set of regressive measures introduced by a government whose social-economic policies have failed to protect both international protection applicants and a huge majority of ordinary people in this country?

If we look at the details behind the carefully framed terminology, we can understand the true nature of the changes.

Accelerated Procedure

“Ireland already operates an accelerated procedure, for example for people from safe countries of origin. However, the new regulation will make accelerated processing mandatory for certain applicants and include a three-month deadline for making decisions on such cases.”

The Irish government has a list of safe countries. Under the International Protection Act 2015, the Minister for Justice can declare that a country is a safe country of origin. This means that the Minister has declared that there is generally no persecution, torture, inhumane or degrading treatment, or threat of violence from an armed conflict in that country. Currently, Albania, Bosnia and Herzegovina, North Macedonia, Georgia, Kosovo, Montenegro, Serbia, South Africa, Algeria and Botswana are on this list. 

The EU Asylum and Migration Pact uses the concept of “effective protection” and introduces the designation of safe third countries and safe countries of origin lists at Union level. The minister is most likely to increase the list of safe countries and make use of safe third countries in order to reject protection applications in a speedy manner and deport people to their country of origin or third-party countries. 

One of the answers of the government to the deepening housing crisis and rising homelessness figures, including homeless asylum seekers will be to accelerate deportations. 

When it comes to international protection applicants, each and every case and person is unique and people deserve a chance to present their case without predetermined judgement. In fact, such predetermination and the concept of safe countries or safe third countries fundamentally undermines basic human rights and natural justice. 

Take the first one on the list – Albania: According to Amnesty International, “Intimidation against journalists continued. A specialized forensic psychiatric facility was lacking to accommodate and treat patients. Roma and Egyptian people were subjected to discrimination and segregation in education. Violence persisted against LGBTI people. There were fears that the restructuring of the courts would make justice less accessible”.

Another ‘safe’ country – Georgia: “Freedom of expression was further restricted. Selective justice and politically motivated prosecution of government opponents persisted. New laws increased the government’s surveillance powers and further eroded independence of the judiciary and official watchdogs. Women and girls continued to suffer discrimination and high levels of violence. Failure to effectively investigate torture and other ill-treatment remained a concern in government-controlled and breakaway territories.”

The minister is aiming to increase the list of safe countries. The new regulation that will make accelerated processing mandatory for certain applicants – such as from safe countries, will certainly ignore the human rights of an individual that may have escaped a very specific type of persecution. People, simply because of their country of origin, will be deemed not qualified for protection. Being a journalist in Albania may not be a safe occupation.  Georgia does not have to be at war or in conflict for human rights abuses to happen there.

Accelerated processing will also include those who have crossed borders ‘illegally’. 

The only way to cross borders ‘legally’ is by having an Irish visa that grants entry to the country. There are different types of visas, such as a working visa, holiday visa, long term residency visa, or student visa. There is no legal category of ‘asylum seeking visa’. Someone escaping war, torture or oppression cannot simply apply for a visa and obtain a ‘legal right’ to come to Ireland. Furthermore, crossing borders with or without documents and seeking asylum is not an illegal act. The illegality of such border crossings is a political construct to criminalise asylum seekers and deny their human rights.

The Universal Declaration of Human Rights, Article 14 says, “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” 

Inadmissibility Procedure

“Ireland also already operates an inadmissibility procedure, such as for people who have already been granted asylum elsewhere. The new regulation requires decisions to be made within two months in such cases.”

Seeking asylum is not a simple matter of basic safety. It is also a matter for social solidarity, family unification and cultural connections. Escaping from persecution, war or torture is not a journey of choice. There are thousands of cases of separated families where family members end up in different countries. For asylum seekers globally the barriers for family reunification are an ongoing hurt. Why did so many Irish people emigrate particularly to the US or UK or Australia and establish communities? Because in a land of unknowns, such communities provided both familiarity and solidarity. There are other reasons, too. A few years ago, a Guardian report said, “Britain is one of the worst destinations for people seeking asylum in western Europe, according to a Guardian analysis of policies, data and reports of the conditions faced by the record recent influx of new arrivals”.

In a country such as Hungary, where Prime Minister Viktor Orban referred to migration as “poison”, it is not the end of all your troubles to be granted asylum.

Border Procedure 

“The most significant change is the introduction of a new mandatory border procedure. This will apply to people who have misled authorities (such as by destroying identity documents), who are a danger to national security or public order, or who come from countries with a 20% of lower approval rate for asylum applications across the EU… Those who are processed under the border procedure will not be authorised to enter Ireland and will be accommodated at designated locations. Their applications must be processed within three months, and if unsuccessful, they must be removed within a further three months.”

According to the International Protection Act 2015, one can only apply for asylum after arriving in the country. Asylum applications must be made in person at the International Protection Office (IPO). 

The EU Asylum and Migration Pact makes things worse for asylum seekers. The Government plans to implement a new mandatory border procedure by establishing detention and deportation centres. This will isolate asylum seekers and cut-off all solidarity between them and people in this country.

Out of sight, out of mind, and eventually out of the country. 

Such centres are not new. The EU has already made agreements with third-party states to hold refugees in inhumane detention camps. 

For more than 20 years we have witnessed the horrors of Direct Provision. Border centres will be even worse in every way. It is a shameful plan, devoid of any care or dignity.

Minister McEntee says, “Ireland must opt-in to the EU’s new asylum and migration pact to ensure “we’re not left alone as a country to deal with this challenge.”

If you can’t be a monster on your own, be part of a bigger monster.

Commenting on the new pact, Minister and incoming Taoiseach, Simon Harris said, “processing asylum applications in a third country is worth considering. The EU Migration pact allows some states the option to shift asylum applications to safe, third countries.”

He added, “The dignity of being able to be processed in another safe country, rather than coming to a country that perhaps can’t provide any accommodation. And it’s certainly something worth considering.”

“Dignity” has taken on a new meaning. 

Instead of building homes for all, giving people a dignified and safe life in this country, Ireland is planning to use its massive wealth to buy asylum services from other countries. Anyone else affected by the housing crisis should also be extremely disturbed by this statement. Like previous FG/FF governments, this government has no interest in building public homes and solving the actual problem.

In 2018, Micheál Martin said, “Claims migrants being returned to Libyan torture camps must be ‘taken very seriously”. He added, “Shocking claims by a leading medical charity that an EU migrant sea rescue operation, in which an Irish naval vessel is participating in, is helping the Libyan coastguard return migrants to camps for torture, and murder, must be “taken very seriously.”

Today, the EU and the Irish Government are planning to make processing and detention in third-party counties a significant part of the EU asylum policy.

EU readmission agreements with third-party countries have been a major response to the refugee crisis of the past decade. These policies have prompted a debate on their compliance with international law, in particular the provisions on protection for refugees and asylum seekers.

Along with the EU Asylum and Migration Pact, secondary legislation will be tabled by Minister O’Gorman. This is hailed by the Government as an “important step in the right direction”. The Greens will continue doing the dirty work of their right-wing partners. 

United EU: For What – More Border Barbarism?

The 2015 refugee crisis exposed a very fractured EU. EU States competed with each other to take in the least possible number of refugees in the longest possible time. The EU Refugee Resettlement Programme was a complete disaster. 

In 2016, the free-travel zone (Schengen) was in deep crisis. EU governments had placed a large question mark over the future of Europe’s passport-free travel zone, signalling an extension of national border controls within the 26-country Schengen area in response to the immigration crisis.

Today, Minister McEntee claims that opting into the EU pact “was also about showing solidarity with other EU countries.” She added, “We’re all grappling with the challenges here together, we should all be responding together as an EU-wide response.”

The European political scene has changed significantly since the emergence of the refugee crisis. During the past decade we have seen panicked EU and member states that on one hand continued to deepen the socio-economic problems like housing, and on the other hand implemented some of the most inhumane border and asylum policies. We have witnessed dodgy refugee detention deals with third-party states, the death of more than 30 thousand civilians at sea and the systematic pushbacks by coastguards.

Global Numbers

Currently, according to UNHCR, the UN Refugee Agency, there are more than 110 million forcibly displaced people worldwide, a number that has almost tripled since the early 2000s due to wars and invasions by western imperialist powers and conflicts that devastated the lives of millions of people. 

• 62.5 million people are internally displaced. They haven’t crossed borders or invaded Europe.
• 36.4 million are refugees of wars, conflicts, and other disasters. 
• 6.1 million are asylum seekers.
• 1 million are other people in need of international protection.
• 52% originate from just three countries: Syria, Afghanistan and Ukraine.
• Iran and Turkey each host 3.4 million refugees. The other countries that host the most refugees are Germany, Colombia and Pakistan.
• 43.3 million are children.
• 1.9 million children were born as refugees.
• There are 4.4 million stateless people.
• 75% of all refugees and asylum seekers are hosted in low and middle-income countries, not in European or North American states.
• 69% of refugees and displaced people are hosted in neighbouring countries.

This general picture has not changed over the past decade, but the EU and rich European states have created a fear of being ‘invaded’ by refugees. The policies and attitudes of mainstream European political powers have given every excuse to far right and racist elements to target refugees, asylum seekers and migrants. 

Not a Refugee Crisis. A Housing Crisis!

According to CSO figures, there are 166,000 vacant properties in Ireland. Over 48,000 have been vacant for more than six years. There are enough houses to house people. What is lacking is political will.

The state must invest in more housing, schools, GP places and local facilities for all people. Ireland needs an emergency housing programme. 

The racist and far right groups continue to exploit the housing crisis and blame migrants, refugees, and asylum seekers for the deepening problem.

They use slogans such as “house the Irish first”, “Ireland is full” and “look after our own first”. In a recession when unemployment is high, they will focus on jobs. It will be “Irish jobs for Irish workers”. At present it is housing. These slogans may sound reasonable, but they are in fact demands of extreme racist discrimination.

‘The problem’ (housing or jobs or lack of GPs) is not caused by migrants. These are caused by government policies and the economic system we live under. 

Asylum Seekers are Our Own

Who are our own? Those claiming to worry about the Irish people don’t mean ordinary working people, whatever their colour, or where they’re from. They mean only Irish born and ‘white’. This ignores the fact that those responsible for the housing crisis are ‘our own’ – successive Fianna Fáil and Fine Gael governments and Housing Ministers, a third of whom are landlords themselves.

The Government is failing the homeless, refugees fleeing wars, everyone on the housing lists and those stuck in rental accommodation. The most vulnerable have been abandoned by this government. 

The answer must be to unite and fight for housing for all and stand in unity against racism and horrible border policies of the Government here and the EU as a whole.

The EU Asylum and Migration Pact is racist and must be vehemently opposed by all progressive parties and organisations. We should not follow the EU’s right wing agenda in Tory style border barbarism.