Written answer
Immigration Policy
2414. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of occasions in each of the past ten years, by year, that the International Protection Office, the International Protection Appeals Tribunal, the Department of Justice, Home Affairs and Migration, An Garda Síochána or any other State agency sought information from the authorities in the United Kingdom to establish whether an applicant for international protection in the State had previously made an asylum or international protection application in the United Kingdom; the number of cases such enquiries confirmed a previous UK application; and if he will make a statement on the matter. [62227/26]
Comment on this
2415. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of applicants for international protection in the State, by year for each of the past ten years, who were identified as having previously held a visa, residence permission or other immigration status in the United Kingdom; the categories of permission involved, in tabular form; and if he will make a statement on the matter. [62223/26]
Comment on this
2416. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of applicants for international protection in the State, by year for each of the past ten years, who were identified as having previously sought asylum or international protection in the United Kingdom, in tabular form; and if he will make a statement on the matter. [62222/26]
Comment on this
I propose to take Questions Nos. 2414, 2415 and 2416 together.
Prior to the UK's departure from the EU in January 2020, returns to the UK were governed by EU regulations. The UK was the primary destination country for individuals transferred from Ireland under these regulations.
Following the UK's withdrawal from the EU, a new arrangement for the reciprocal return of international protection applicants between Ireland and the UK was agreed. However, a subsequent High Court judgment identified legal issues relating to the designation of safe third countries under Irish law.
The issues raised by the judgment were addressed through the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024. Following the analysis required under that Act, I re-designated the UK as a safe third country for returns under the International Protection Act 2015.
As the Deputy will be aware, the UK has been re-designated as a safe third country for returns under the International Protection Act 2015, which applies to applications for international protection made prior to 12 June 2026.
I have also designated the United Kingdom as a safe third country for the purposes of the 2026 Act.
Dublin III Transfer Orders were valid only between Ireland and the United Kingdom while the UK was a member of the European Union. The table below shows the number of Take Back and Take Charge requests submitted by the International Protection Office and accepted by the United Kingdom between 2016 and 2020.
*A Member State may send a Take Back Request (Articles 18(1)(b)-(d) and 20(5)) asking another Member State to assume responsibility for an applicant who has applied for international protection in the reporting country but had already applied in the first Member State, or where the other Member State had previously accepted responsibility through a Take Charge Request. Therefore, all Take Back Requests in the table above related to applicants with open applications in the UK.
**A Member State may send a Take Charge Request (Articles 8-16 and 17(2)) asking another Member State to assume responsibility for an applicant who has not applied for international protection in the requesting Member State but for whom the Dublin criteria indicate that the other Member State should be responsible. These criteria include family reunification, particularly in the case of unaccompanied minors, documentation such as visas and residence permits, entry or stay grounds using information from Eurodac, and humanitarian considerations. Therefore, all Take Charge Requests related to applicants who did not have an open application in the UK.
Historically, my Department did not systemically collate data on information requests made by Irish authorities to their UK counterparts on international protection applications made in the UK.
Ireland and the United Kingdom share both a responsibility and an interest in protecting the Common Travel Area. It offers significant social and economic benefits to the people of both countries. The invisible border on the island of Ireland is among the most tangible gains of the peace process and is essential to the continued normalisation of relationships.
In June, I discussed the importance of cross-border cooperation in protecting the Common Travel Area with both the Northern Ireland Minister for Justice and the Secretary of State for Northern Ireland. I also spoke with the UK Home Secretary about the ongoing need for cross-border cooperation and our shared focus on protecting the Common Travel Area. Furthermore, I intend to meet the Home Secretary at the earliest opportunity to discuss relevant matters, including returns.
A critical element of a well-functioning international protection system is the timely processing of applications and decisions. That is what the Pact is intended to achieve and why we are continuing to invest additional resources in the system. We should not lose sight of that fundamental objective.