The International Protection Act 2026 was passed into law last month and gives effect to the EU Migration and Asylum Pact. The new rules will take effect on 12 June 2026 and my Department continues to prepare in advance of this date.
The Pact will provide a fair, sustainable and efficient asylum procedure. This will be achieved through convergence in asylum practices across the EU including standardised processing times for decisions: six months for a first instance decision under the standard procedure, three months for a first instance decision under the accelerated procedure, three months for a first and second instance decision under the border procedures, and two months for processing applicants under the inadmissibility procedure who have applied for protection elsewhere in Europe.
Faster decision-making will mean that successful applicants will be granted international protection sooner, and those whose applications are refused can be returned to their country of origin sooner. Ultimately, improved, faster processing will also result in decreasing annual costs by reducing the time an applicant remains in the system.
The Pact provides for enhanced screening measures to ensure that applicants are referred to and supported through the appropriate international protection application processing pathway. Screening of applicants will be conducted at the Citywest Reception Centre, the national screening centre for new international protection applicants from 12 June. Applicants are only exempt from screening where they or their parent or guardian hold a valid registration certificate and have permission to enter the State (as per section 22(4)).
The Asylum Border Procedure will have a 12-week time limit for first instance and appeal decisions to be completed for applicants from countries of origin with a recognition rate of 20% or less across the EU, or for those who have no documents, false documents, or are deemed a security risk.
In line with the State’s obligations under the Reception Conditions Directive, the International Protection Act 2026 provides for the use of detention only in certain exceptional and limited circumstances. Detention under the International Protection Act 2026 will be for as short a time as possible and applicants will be informed of their right to seek free legal assistance and legal representation once they have been detained.
Section 118 of the International Protection Act 2026 provides that a judge of the District Court may commit the person to a place of detention for a period not exceeding 21 days or release the person subject to conditions. The grounds for the detention of an applicant will continue to be monitored and where it is assessed that these grounds no longer apply, the applicant must be brought before a judge of the District Court who will order the release of the person. The District Court may, commit the person for further periods, if a ground for detention under section 112 still applies, (each period being a period not exceeding 21 days) pending the determination of the person’s application for international protection.
The detention period for a person under return border procedure is not exceeding 12 weeks if the grounds for detention apply under section 230 of the International Protection Act 2026.
A decision to detain an international protection applicant will be taken with the utmost seriousness and with due regard for the applicant’s fundamental rights. The intention of these provisions of the International Protection Act 2026 is to ensure that applicants are treated fairly and humanely while also ensuring the effective and efficient operation of our international protection system.
