On 23 July 2024, various changes to immigration and asylum legislation were enacted under the Courts, Civil Law, Criminal Law and Superannuation (Misc. Provisions) Act 2024.
Process for designating safe third countries
In March, the High Court ruled that Ireland’s designation of the United Kingdom (UK) as a safe third country is not compliant with EU law. The UK was designated by Ireland as a safe country on 31 December 2020. The High Court case concerned the lawfulness of how Ireland designated the UK as a safe third country under Section 72A of the International Protection Act 2015. In the judgment, it was found that the legal basis of the designation was flawed because there was a gap between the procedures in Irish law, namely the International Protection Act 2015 and EU legislation such as the Asylum Procedures Directive 2005/85/EC and the Dublin III regulation. To remedy this, the International Protection Act was amended so that the risk of serious harm would be reviewed when considering a transfer to a safe third country. It also allows for family and private life rights to be considered in the context of issuing a return order.
Increases to carrier fines
The Act also increases the fines payable by airline and ferry companies where they allow someone to travel into the State without proper documentation. This change amends the Immigration Act 2003 to increase carrier liability fines by allowing for a Class A fine to be imposed on carriers who commit an offence under the terms of the Act. This provides for a maximum fine of €5,000 (from €3,000 previously). This more closely aligns the fines payable in Ireland for this offence with fines in other European countries, according to the Minister for Justice.
Revocation of certificates of naturalisation
Under a new procedure outlined in the Act, where the Minister decides to revoke citizenship (following a procedure of informing the individual and receiving representations), the individual will be able to access a committee of inquiry, which will make a decision independently of the Minister. The committee will be able to affirm or reject the decision of the Minister. Previously, where an individual was informed of the Ministers intention to revoke their certificate of naturalisation, they had a right to request a committee of inquiry to examine the decision. This committee reported the findings to the Minister, but the Minister was not obligated to accept the committee’s findings. In essence, because the Minister both proposed revocation and, following consideration of the non-binding findings of a committee of inquiry, made the final decision, the revocation process was found by the Supreme Court to be lacking an impartial and independent decision maker. This amendment resulted in concern and criticism from stakeholders, which you can read about here.
Electronic service of notices
The Act also made changes to the Irish Nationality and Citizenship Act, 1956 to allows for the electronic service of notices or documents to individuals e.g. provision of certificates of naturalisation or notices regarding deportation. The rationale behind this change is to bring the legislation more in line with the modernisation programme of the Department of Justice to ensure a more efficient delivery of services. Similar amendments were introduced in 2023 to the International Protection Act 2015 and the Immigration Act 2004 via the Courts and Civil Law (Miscellaneous Provisions) Act 2023.
