Michael Cahill
Question:794. Deputy Michael Cahill asked the Minister for Justice, Home Affairs and Migration to give an update on a case (details supplied); and if he will make a statement on the matter. [34265/26]
View answerTuesday, 12 May 2026
Questions (794)
Written answers
I can assure the Deputy that this Government fundamentally believes in the right to claim asylum and that the International Protection Act 2026 upholds our obligation on this important principle of international law.
Ireland is party to the 1951 UN Convention on the Status of Refugees and its 1967 Protocol. The Convention outlines the rights of refugees as well as the legal obligations of states to protect them.
My Department is focused on preparing for the implementation of the EU Migration and Asylum Pact in advance of 12 June 2026. The Pact will provide a fair, sustainable and efficient asylum procedure. The International Protection Act 2026 gives further effect to the measures of the Pact and to the 1951 Refugee Convention and its 1967 Protocol, and will ensure a fairer and more efficient international protection system.
A central measure of the Pact is the Asylum Procedures Regulation (Regulation (EU) 2024/1348). This Regulation applies to all applications for international protection made in the territory of the Member States, including at the external border, on the territorial sea or in the transit zones of the Member States. The Regulation provides international protection applicants with certain rights and guarantees, including the right to access the international protection procedure.
Section 36 of the International Protection Act 2026 provides for the making of an application for international protection by a person at the frontier of the State or in the State.
Every person has the right to apply for asylum under the 1951 Convention. Article 31 of the Convention does not exclude from the right to seek asylum a person who has not come directly from a territory where their life or freedom was threatened. There is no inconsistency between Article 31 of the 1951 Convention and section 36 of the International Protection Act 2026.
The Asylum and Migration Management Regulation seeks to reduce secondary movement and makes provision for a person who applies for asylum to be returned to the first EU Member State they entered for their asylum claim to be processed.