Ireland to Reclassify UK as ‘Safe’ for Asylum by End of Month

The justice minister secured permission to make new legislation on Tuesday after Ireland’s previous designation of the UK as ’safe' was found to be unlawful.
Ireland to Reclassify UK as ‘Safe’ for Asylum by End of Month
Taoiseach Simon Harris (C) with (L–R) Minister of State for Skills and Further Education Niall Collins, Minister for Further and Higher Education, Research, Innovation and Science Patrick O'Donovan, Minister of State for Public Procurement, eGovernment, Communications and Circular Economy Ossian Smyth ahead of speaking to the media at Government Buildings in Dublin, on investment in student accommodation, on April 25, 2024. (Brian Lawless/PA Wire)
Lily Zhou
5/1/2024
Updated:
5/1/2024
0:00

Ireland plans to legislate by the end of the month to redesignate the UK as a “safe” country for asylum seekers in a bid to start returning inadmissible asylum seekers who entered Ireland from the UK.

It comes after the High Court ruled last month that Ireland’s pro-Brexit designation of the UK as a “safe third country” was unlawful under EU law, and after Tanaiste (Deputy Prime Minister) Micheal Martin claimed the UK’s plan to deport illegal immigrants to Rwanda has led to an influx of asylum seekers in Ireland, which is the only EU country that shares a land border with the UK.

Speaking in Parliament on Tuesday, Taoiseach (Prime Minister) Simon Harris said Minister for Justice Helen McEntee had received permission to draft legislation on Tuesday, and that she “intends to enact legislation by the end of this month.”

“In that legislation she will outline how she intends to respond to the issues that were brought to the fore by the High Court in March of this year. I believe there is a way of doing that, as do the attorney general, the minister, and all of the government,” Mr. Harris said.

“Regarding Rwanda and everything else, it is not the policy of this government but we obviously need to ensure our rules are enforced, which is really important. People in this country want to see a rules-based migration system,” he added.

Ms. McEntee said in a statement that it’s “essential” to have mechanisms in place to return people to the UK to combat any abuse of the Common Travel Area (CTA).

Under agreement between London and Dublin, the UK and Ireland forms a CTA, within which citizens of either country can move freely and enjoy similar benefits and privileges.

The two countries also have a non-binding reciprocal deal after Brexit on returning illegal immigrants to one another, but the Department of Justice said the deal has not been operational, first because of COVID-19 pandemic, then because of legal challenges brought by affected individuals.

Mr. Harris has previously urged London to stand by the agreement. The UK expressed support on Monday for Ireland’s plans to enact legislation enabling it to resume returning asylum seekers to the UK, but Prime Minister Rishi Sunak cast doubt on the arrangement by saying he would not accept returning asylum seekers from the EU via Ireland.

Criticising the government’s plan, Labour TD Ivana Bacik accused the Irish government of trying to “enforce the Rwanda scheme itself.”

Ms. Bacik said “a safe third country is only safe for a particular applicant if that country is willing to readmit them.”

She also argued that the government can’t designate the UK as safe while the UK’s Rwanda policy remains law.

The UK government’s Rwanda bill become law on April 25, designation the east African country has a safe third country to relocate the UK’s illegal immigrants, including those who wish to seek asylum.

The government has said it plans to start the first flights by July to remove illegal immigrants who entered the UK on or after March 7, 2023. Their asylum claims are automatically deemed inadmissible under the Illegal Migration Act 2023.

However, a separate scheme that enables the voluntary relocation of other people who have no right to stay in the UK to Rwanda has become operational, with the first failed asylum seeker flown out on Monday.

In a statement, the Home Office said, “We are now able to send asylum seekers to Rwanda under our migration and economic development partnership. This deal allows people with no immigration status in the UK to be relocated to a safe third country where they will be supported to rebuild their lives.”

Reuters contributed to this report.