EU Asylum and Migration Legislation and Ireland’s participation

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This resource sets out Ireland’s current participation in EU migration and asylum legislation*, including a detailed thematic breakdown of relevant measures and corresponding Irish transposing legislation. This resource summarises Ireland’s current participation as of May 2025.     *As set out under Protocol 19 to the Treaty on the European Union (TEU) and the Treaty on the Functioning of the … Read More

Date:13 Dec 2023
Legislation Type:
Geographic Focus:Ireland
In Force:Yes
Opt In:Yes
Category:International Protection, Refugee, Residence, Smuggling, Trafficking
Keywords:Asylum, Common European Asylum System (CEAS), Dublin Regulation, Europe, Family Reunification, Immigration, Migration, Non-EU National, Protection (Application for International), Protection (International), Protection (temporary), Removal, Residence Permit, Trafficking in Human Beings
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Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status

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The Directive applies to all Member States except Denmark. The Member States were required to have domestic legislation in place complying with the Directive by 1 December 2007. The legislation applies to applications for asylum lodged after 1 December 2007. The Immigration, Residence and Protection Bill 2010 proposes new legislative provisions to give effect to the Directive. The purpose of … Read More

Date:13 Dec 2005
Legislation Type:Directive
Geographic Focus:Europe
In Force:No
Opt In:Yes
Category:Refugee
Keywords:Country of Origin (Safe), Directive, Europe, Refugee, Refugee Law, Refugee Status, Refugee Status (Withdrawal of), Yes
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Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

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This Directive applies to all EU Member States except Denmark. The Directive was published in the Official Journal of the EU on 30 September 2004 and came into force twenty days later. Member States were required to bring into force domestic legislation necessary to comply with the Directive by 10 October 2006. Ireland ‘opted-in’ to the Directive pursuant to Article … Read More

Date:30 Sep 2004
Legislation Type:Directive
Geographic Focus:Europe
References:European Communities (Eligibility for Protection) Regulations 2006
In Force:Yes
Opt In:Yes
Category:Refugee
Keywords:Asylum, Asylum Seeker, Asylum Shopping, Child, Child (Separated), Common Basic Principles, Common European Asylum System (CEAS), Country of Origin, Country of Origin Information, Detention, Directive, Europe, Exclusion Clauses, Persecution, Persecution (Actors of), Persecution (Acts of), Persecution (Group), Protection (Actors of), Protection (International), Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Protection Status (Subsidiary), Refugee, Refugee (Convention), Refugee Law, Refugee Status, Refugee Status (Withdrawal of), Yes
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Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities

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Directive 2004/81/EC came into force on the date of its publication in the official journal, 6 August 2004. Member States were required to adopt the provisions necessary to implement the Directive by 6 August 2006. The Directive applies to all Member States except the United Kingdom, Ireland, and Denmark. The purpose of the Directive is to define the conditions for … Read More

Date:06 Aug 2004
Legislation Type:Directive
Geographic Focus:Europe
In Force:Not applicable
Category:Residence, Trafficking
Keywords:Directive, Europe, Residence, Residence Permit, Trafficking, Trafficking in Human Beings, Yes
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Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service

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Directive 2004/114/EC came into force on 30 April 2004 and was required to be transposed into the domestic law of the Member States by 30 April 2006. The Directive applies to all Member States, except Ireland, the United Kingdom, and Denmark. The Directive determines the conditions and rules for admission of third-country nationals to the territory of the Member States … Read More

Date:30 Apr 2004
Legislation Type:Directive
Geographic Focus:Europe
In Force:Not applicable
Category:Education, Visa
Keywords:Directive, Education, Europe, Student, Third-Country National, Visa, Yes
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Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

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Directive 2004/38/EC came into force on 30 April 2004. Members States are required to have transposed the Directive into national legislation by 30 April 2006. In order to comply with the Directive, Ireland brought into force the European Communities (Free Movement of Persons) Regulations 2006 (S.I. No. 226 of 2006), which was in turn replaced by the European Communities (Free … Read More

Date:29 Apr 2004
Legislation Type:Directive
Geographic Focus:Europe
References:European Communities (Free Movement of Persons) (No. 2) Regulations 2006; European Communities (Free Movement of Persons) Regulations 2008
In Force:Yes
Category:EU Treaty Rights, Residence
Keywords:Citizenship, Directive, EU Treaty Rights, Europe, Family Unity (Right to), Free Movement, Freedom of Movement (Right to), Residence, Residence Permit, Third Country, Third-Country National, Union Citizen, Yes
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Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long term residents

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Directive 2003/109/EC entered into force on 12 February 2004. Member States were required to take the necessary measures to implement this Directive by 23 January 2006. Ireland, the United Kingdom, and Denmark are not bound by the Directive. This Directive obliges Member States to grant long-term resident status to non-EU nationals who have resided legally and continuously within the territory … Read More

Date:12 Feb 2004
Legislation Type:Statutory Instrument (IE)
Geographic Focus:Europe
In Force:No
Category:Residence
Keywords:Europe, Long-Term Resident, Residence, Residence Permit, Third-Country National, Yes
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Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography

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The Framework Decision entered into force on the date of its publication in the official journal, 20 January 2004. Deadline for implementation in the Member States was 20 January 2006. The Framework Decision requires Member States to take measures to ensure that the following intentional conduct is punishable: (a) coercing a child into prostitution or into participating in pornographic performances, … Read More

Date:20 Jan 2004
Legislation Type:Decision
Geographic Focus:Europe
In Force:No
Opt In:Yes
Category:Trafficking
Keywords:Child, Decision, Europe, Trafficking, Trafficking in Human Beings, Yes
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Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification

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Directive 2003/86/EC entered into force on 3 October 2003 and applies to all EU Member States, except Ireland, the United Kingdom, and Denmark. Member States’ legislation had to comply with this Directive not later than 3 October 2005. The Directive lays down the conditions for the exercise of the right to family reunification by third-country nationals residing lawfully in the … Read More

Date:03 Oct 2003
Legislation Type:Directive
Geographic Focus:Europe
In Force:No
Category:Refugee, Residence, Visa
Keywords:Directive, Europe, Family Reunification, Family Unity (Right to), Refugee, Residence, Residence Permit, Third Country, Third-Country National, Visa, Yes
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European Convention on Human Rights Act 2003

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The European Convention for the Protection of Human Rights and Fundamental Freedoms is a binding International Treaty of the Council of Europe. The Irish Act came into effect on 31 December 2003. It has the effect of requiring the courts to interpret domestic legislation in a manner consistent with the Convention. Rights under the Convention are now enforceable in Irish … Read More

Date:30 Jun 2003
Legislation Type:Act (IE)
Geographic Focus:Europe
In Force:Yes
Category:EU Treaty Rights
Keywords:Deportation, EU Treaty Rights, Europe, European Convention on Human Rights (ECHR), Expulsion, Freedom of Movement (Right to), Refoulement, Refoulement (Non-), Yes
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Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national

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Regulation (EC) No 343/2003, as a Regulation, is directly applicable. It has been given domestic effect through the Refugee Act 1996 (Section 22) Order 2003 (SI 423 of 2003) and Section 22 of the Refugee Act 1996, as amended. Previously, the criteria and mechanisms for determining the Member State responsible for examining an asylum application were determined pursuant to the … Read More

Date:25 Feb 2003
Legislation Type:Regulation
Geographic Focus:Europe
In Force:Yes
Opt In:Yes
Category:EU Treaty Rights
Keywords:Asylum Shopping, Dublin Convention, Dublin Regulation, EU Treaty Rights, Europe, Refugee, Regulation, Transfer Order, Yes
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Directive 2003/9/EC of 27 January 2003 on minimum standards for the reception of asylum seekers

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This Directive entered into force on 6 February 2003 and applies to all EU Member States except Ireland and Denmark. Ireland is not participating in the adoption of the Directive pursuant to the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community by the … Read More

Date:06 Feb 2003
Legislation Type:Directive
Geographic Focus:Europe
In Force:Not applicable
Category:EU Treaty Rights
Keywords:Asylum, Asylum Seeker, Directive, EU Treaty Rights, Europe, Reception Conditions, Reception Conditions (Material), Refugee, Yes
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Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings

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The Framework Decision entered into force on 1 August 2002. Deadline for implementation in the Member States was 1 August 2004. The Framework Decision has been given effect in Ireland in the Criminal Law (Human Trafficking) Act 2008, which came into effect on 7 June 2008. The Framework Decision requires Member States to take measures to ensure that “the recruitment, … Read More

Date:01 Aug 2002
Legislation Type:Decision
Geographic Focus:Europe
References:Criminal Law (Human Trafficking) Act 2008
In Force:Yes
Opt In:Yes
Category:Trafficking
Keywords:Decision, Europe, Trafficking, Trafficking in Human Beings, Yes
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Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third country nationals

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Regulation 1030/2002 entered into force on the date it was published in the official journal, 15 June 2002. The Regulation was initially directly applicable in all Member States, except Ireland, but Ireland subsequently requested that it take part. The Regulation sets out the general characteristics of the uniform format for residence permits. The Regulation provides that the uniform format can … Read More

Date:15 Jun 2002
Legislation Type:Regulation
Geographic Focus:Europe
Opt In:Yes
Category:Residence, Visa
Keywords:Europe, Regulation, Residence, Residence Permit, Third-Country National, Visa, Yes
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Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof

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Directive 2001/55/EC entered into force on 7 August 2001. Ireland originally opted not to participate in the adoption of the Directive pursuant to the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community by the Treaty of Amsterdam. Ireland subsequently requested that it take … Read More

Date:07 Aug 2001
Legislation Type:Directive
Geographic Focus:Europe
In Force:No
Opt In:Yes
Category:Residence
Keywords:Asylum, Directive, Displaced Person, Displaced Person (Environmentally), Displacement, Displacement (Environmentally-driven), Europe, Family Reunification, Refugee, Residence, Residence Permit, Yes
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Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals

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This Directive seeks to make possible the recognition of an expulsion decision issued by a competent authority in one Member State against a third country national present within the territory of another Member State. The Directive does not apply to family members of citizens of the Union who have exercised their right of free movement. Member States were required to … Read More

Date:28 May 2001
Legislation Type:Directive
Geographic Focus:Europe
In Force:No
Opt In:Yes
Category:Deportation
Keywords:Deportation, Directive, Europe, Expulsion, Yes
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Council Regulation No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention


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Council Regulation (EC) No 2725/2000, as a Regulation, is directly applicable in all Member States, with the exception of Denmark. The Regulation establishes a system, called Eurodac, for the collation and comparison of fingerprints of asylum applicants and illegal aliens. It establishes a centralised database of fingerprint data. The stated aim of the Eurodac system is to assist in determining … Read More

Date:11 Dec 2000
Legislation Type:Regulation
Geographic Focus:Europe
References:Data Protection Act 1988
In Force:Yes
Opt In:Yes
Category:Refugee
Keywords:Asylum, Dublin Convention, Dublin Regulation, Eurodac, Europe, Refugee, Regulation, Yes
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Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

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This Directive entered into force on the 2 December 2000. Member States were required to transpose the Directive into domestic law by 2 December 2003. It has been given effect in Irish law in the Equality Act 2004. The Directive aims to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or … Read More

Date:02 Dec 2000
Legislation Type:Directive
Geographic Focus:Europe
In Force:Yes
Opt In:Yes
Category:Employment
Keywords:Directive, Employment, Equal Treatment (Principle of), Europe, Yes
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