Dáil Éireann Debate, Wednesday - 30 September 2026
119. Deputy Paul Murphy asked the Minister for Justice, Home Affairs and Migration if he is aware of the ongoing practice of checking the military documents of men and women trying to obtain protection in Ireland, and refusing those who cannot provide them; the justification of the practice; and if he will instruct his Department to end it. [68986/26]
Amharc ar fhreagraAn extension of Temporary Protection until 04 March 2028 has been agreed by the Council of the European Union. This provides continued certainty for people displaced from Ukraine who are already benefiting from Temporary Protection in Ireland. Existing beneficiaries will continue to have access to the rights associated with Temporary Protection, including access to employment and education, for the duration of the protection.
Council Implementing Decision (EU) 2026/1912 also introduced a new eligibility requirement for Temporary Protection. Article 2 of the Decision provides that, without prejudice to Union law and fundamental rights, Temporary Protection shall only be granted to persons who satisfy their military obligations in Ukraine, upon presenting proof where applicable.
Following a corrigendum published in the Official Journal of the European Union, this requirement applies from 05 August 2026. It does not apply to persons who were already enjoying Temporary Protection in a Member State on or before 04 August 2026 and who have continuously retained that status in that Member State. In Ireland, new applicants for Temporary Protection from 05 August 2026 are therefore required to demonstrate that they were authorised under Ukrainian law to leave the territory of Ukraine. Applicants are asked to provide appropriate evidence to establish that they satisfy the applicable requirements. Where an applicant is unable to provide sufficient evidence, they may not be eligible for Temporary Protection.
The requirement applies to new applicants irrespective of gender, where military obligations under Ukrainian law are applicable to the individual concerned. It should not be understood as a general requirement that every applicant produce a particular military document. The relevant consideration is whether the applicant satisfies any military obligations applicable to them under Ukrainian law and, where applicable, can provide sufficient evidence of this.
The measure was adopted at EU level as part of the Decision extending Temporary Protection. The Council stated that, while continuing to provide protection to people displaced from Ukraine, account should also be taken of Ukraine’s defence needs and its ability to defend itself against Russia’s war of aggression.
The Department is implementing the requirements of Council Implementing Decision (EU) 2026/1912. Decisions on individual applications are made having regard to the circumstances and evidence presented in each case.
Accordingly, I do not propose to instruct my Department to cease applying the requirement contained in Article 2 of Council Implementing Decision (EU) 2026/1912.
