In recent times, a significant influx of asylum seekers has been prosecuted for illegally entering the nation without passports, indicative of the Government’s hardline stance on immigration. A large part of this spike is due to a continual campaign at Dublin Airport by the Garda National Immigration Bureau to curtail the number of asylum seekers who get rid of their travel documents prior to presenting at immigration control.
The previous year saw 3,285 individuals arriving at the airport bereft of legal travel papers, the vast majority of whom sought asylum. It is considered a criminal offence to enter Ireland without appropriate travelling papers, with punishments extending up to a year in prison or a penalty of €3,000. Yet, historically, such cases going to trial have been a rarity. Between 2019 and 2023, there was merely a single prosecution and no resulting convictions.
The Irish Government is set to offer 14,000 fresh beds for asylum seekers through vacant office spaces, rapid-builds, and turnkey properties. The nation is urged to shift from an ’emergency response’ to a more comprehensive immigration strategy, considering community voices. Long-awaited immigration strategies will promise to avoid housing asylum seekers in a locale’s ‘final hotel’.
From legal prognostications, a multitude of cases are queued for trial, indicating a dramatic leap in asylum-related prosecutions. A lot of charges are being issued directly at the airport, according to one attorney. The data revealed a significant number of individuals presented before the District Court are immediately sentenced to imprisonment. In the first two months of the current year, 12 individuals were convicted and sentenced to prison, while two were handed suspended sentences.
Last month witnessed a Sudanese national imprisoned for two months, as the judge emphasised the need for a deterrent. The escalation in prosecution occurs as the Government prepares various preemptive measures to stem asylum applications, in anticipation of the forthcoming local and European elections in June, where immigration is expected to be a significant topic.
Minister for Justice, Helen McEntee, has recently gained Cabinet consent for Ireland to participate in the EU Asylum and Migration pact. The agreement is set to revamp immigration laws, enhance security scrutiny at entry ports, and expedite the removal of unsuccessful asylum seekers.
Stephen Kirwan, an attorney from KOD Lyons who focusses on asylum and immigration, raised concerns about the increasing number of individuals who arrive without papers and are swiftly taken into custody – a move he considers legally questionable. He said that many have reported a lack of access to legal counsel.
It has come to light that at least one individual has initiated a legal challenge in the High Court against their detention under applicable legislation just this week. Despite the uptick in prosecutions, only a mere portion of those who arrive without identification are facing charges. Mr Kirwan has voiced his concern about the lack of transparency regarding the criteria for who gets charged.
He suspects that the individuals being targeted may be those originating from other European Union jurisdictions or perhaps those arriving completely without documents. He has called for more clarity on the grounds for launching such prosecutions and anticipates that the legislation will face a court test in the near future.
According to a representative from the Department of Justice, prosecutions are handled independently by the Garda and the Director of Public Prosecutions. He added that immigration personnel are coordinating with airlines to stress the necessity of passengers carrying the appropriate documentation. This collaboration also aims to help airlines diminish the number of passengers who board flights without the correct paperwork.
The representative highlighted that their efforts have resulted in a considerable decline in individuals arriving at Dublin Airport without proper paperwork over the past year. Department stats reveal a one-third reduction in such instances in the previous year.