Dáil Éireann Debate, Tuesday - 14 July 2026
521. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration the exact number of asylum applications that have been assessed as inadmissible on the basis of the UK safe third country designation since its introduction; the number of these cases that have resulted in an actual return to the UK; and if he will make a statement on the matter. [52888/26]
View answerPrior to the UK leaving the EU, returns to the UK were governed under the EU Regulations; the UK was the primary destination country for people transferred from Ireland under these Regulations.
Following the withdrawal of the UK from the EU, a new arrangement for reciprocal returns of international protection applicants between Ireland and the UK was agreed. However, a High Court judgment subsequently identified legal issues with the process concerning the designation in Irish law of safe third countries.
These issues raised by the judgment were addressed by the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 and, following an analysis required under the 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.
As no return orders were issued during the Covid pandemic and due to the litigation challenges outlined above, only one return order has been signed for a UK inadmissible applicant during this recent period.
Discussions are underway by officials on both sides in relation to arrangements for re-operationalising the agreement on reciprocal returns of international protection applicants between Ireland and the UK.
Ireland and the United Kingdom have a shared responsibility and a shared interest in protecting the Common Travel Areas. It offers great advantages to our people on a social and economic level. The invisible border on the island of Ireland is among the most tangible gains of the peace process and is essential to the continuing normalisation of relationships.
In June, I discussed the importance of cross border cooperation in protecting the CTA for both Ireland and the UK by phone with the Northern Ireland Minister for Justice, Naomi Long and the Secretary of State for Northern Ireland, Hillary Benn. I also spoke with UK Home Secretary, Shabana Mahmood; we discussed recent events across Northern Ireland, the ongoing need for cross border cooperation and our shared focus on protecting the Common Travel Area. Furthermore, I intend to meet with the Home Secretary at the earliest opportunity to discuss relevant matters, including returns.
Critical to the overall international protection system working is getting decisions made quickly. That is what the Pact is about and is why we are investing more resources in the system; we should not lose sight of that essential point.
