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Irish Times
34 minutes ago
- Politics
- Irish Times
Court ruling would give newly arrived asylum seekers more rights than homeless people, Minister claims
Asylum seekers will soon be entitled to damages from the State for failing to provide them with accommodation, while homeless people will have no such right, Minister for Justice Jim O'Callaghan has said. Such a situation will be the result of an expected decision by the European Court of Justice (ECJ), he warned. The court appears likely to rule that asylum seekers have a right to damages if the State fails to provide accommodation on their arrival, as has happened in thousands of instances recently. Such a decision would be 'very hard to justify' to Irish citizens and other member states, the Minister said. READ MORE Mr O'Callaghan was critical of various aspects of the existing asylum system, which he said has emerged over the years in a 'haphazard' and 'organic' fashion. He was speaking at the Institute of International and European Affairs (IIEA) on the topic of balancing human rights in the area of justice and migration . The Fianna Fáil TD was particularly critical of a case launched at the ECJ this year on behalf of two asylum seekers who had been left sleeping rough as the State was unable to provide them with beds. The State has strongly contested the case. It argued a huge surge in asylum applications in the context of an unprecedented housing and accommodation crisis constituted a force majeure where the accommodation needs of all asylum seekers could not be met. Last year, about 3,400 male asylum seekers were left without beds after arriving in Ireland, a number that now stands at about 1,400. In April, a legal adviser to the ECJ published an opinion that rejected the State's argument. The court tends to follow the opinions of its legal advisers in its judgments, meaning it is likely to find against the State and rule that asylum seekers left without accommodation are entitled to damages. Such a decision would mean 'people in Ireland who are entitled to be on social housing lists or homeless lists' would not be entitled to damages, while asylum seekers who had just arrived would be entitled to damages if they are left sleeping rough. 'That will be a very consequential decision that will be very hard to justify, not just to citizens of Ireland but of all member states.' He said the State 'should try to ensure that in trying to vindicate certain rights we do not marginalise or demote other equally legitimate rights.' The right to apply for asylum 'does not and cannot equate to a right to asylum', he said. Asylum laws are there to 'protect the persecuted'. It is legitimate for people to want to seek a better life for their families but that is not the purpose of asylum, he said. Mr O'Callaghan also revealed plans to overhaul the laws around the wiretapping and digital surveillance. The existing laws date to 1993 and do not account for advances in technology, such as encrypted communications, emails and social media channels. Garda surveillance powers are needed to prevent terrorism and large-scale loss of life, he said. The Minister said the current law does not allow for State agencies to carry out lawful interceptions of popular encrypted digital-based messaging and voice calling services. This is a matter of 'significant concern'. He also criticised the slow progress at EU level in bringing in a child sexual abuse regulation that would obligate telecommunications companies to automatically scan for the presence of abuse material on their networks. 'Many companies are simply not doing enough to address the proliferation of this material on their platforms.' Companies can scan for malware and viruses so they should also be able to scan for abusive material, he said Such regulations would no doubt impinge on the right to privacy, the Minister said. 'But those who argue this should be the primary consideration are not recognising that this material depicts the abuse and rape of children.'
Irish Times
2 days ago
- Politics
- Irish Times
Number of Palestinians claiming asylum shows sharp decline
There has been a sharp drop-off in the number of people who have come from Palestine to Ireland to claim asylum this year. Last year, there were 957 international protection applications by Palestinian people. At around 80 applications a month, it marked a sharp increase in the numbers of Palestinians seeking asylum in Ireland in the first year since Israel's war on Gaza began in October 2023. But in the first six months of this year, the number of applications from Palestinians has reached only 65 – or an average of almost 11 applications a month. READ MORE The figures are included in new immigration statistics which Minister for Justice Jim O'Callaghan will present to a Cabinet committee on immigration on Monday. Mr O'Callaghan will tell colleagues that there has been a 43 per cent drop in the number of international protection applications in the first six months of 2025 compared to the first six months of 2024. Of the 10 nationalities making up the highest number of international protection applicants in 2025, four were from countries designated as safe countries of origin. Since November 2022, applications from those coming from so-called 'safe countries' have been accelerated. 'Safe' countries in the top 10 included Nigeria, Jordan, Georgia and Algeria. There have been 926 applications from Nigeria so far in 2025, the highest number from any one country. [ Tramore community rallies around Albanian family facing deportation Opens in new window ] Mr O'Callaghan will tell colleagues that a 'significant increase' in investment into the IPAS , digitisation and process re-engineering has 'facilitated a major increase in processing capacity.' Deportations have also increased so far this year. In 2024, there were a total of 156 deportations. This included 22 people who were confirmed to have left the state without needing to be escorted by the Garda National Immigration Bureau (GNIB) and 134 'forced' deportations. So far in 2025 there have been 198 deportations. This includes 28 cases of people leaving without a GNIB escort, 64 forced deportations and an additional 106 deportations by charter flight. As of last Monday, there were 33,822 pending IPAS applications at various points of the process. About 72 per cent of all International Protection applicants appeal their first instance refusal decision. [ Ireland needs immigrants. But our economy can't accommodate an infinite number Opens in new window ] The IPAS tribunal system, which considers appeals, has the capacity to consider 4,750 such appeals this year. But this is far below the 17,000 appeals that the Department of Justice expects to receive in 2025. The number of appeals completed in the first six months of this year stands at 2,455. According to the Department of Justice, an ongoing recruitment campaign is under way to increase the number of tribunal staff and the number of cases they can consider each year. It is planning to increase its full-time tribunal staff members from six to 30 and its part-time staff from 118 to 160, as well as trying to hire more legal support staff.
Times
3 days ago
- Business
- Times
Criminal Assets Bureau gets new powers as scale of problem in Ireland revealed
Jim O'Callaghan, the justice minister, is planning a radical overhaul of the legislation underpinning the Criminal Assets Bureau (CAB) as part of a renewed effort to combat transnational crime. The decision to expand the bureau's powers follows the rapid evolution of organised crime in Ireland, which has been deemed a threat to national security. O'Callaghan will tell the cabinet that Ireland's illicit economy is worth an estimated €1.7 billion annually — about 0.3 per cent of the state's GDP. That figure is expected to rise, with criminal revenues across the EU approaching €110 billion, or 1 per cent of Europe's GDP. Last week, gardai secured the conviction of eight men for attempting to import €157 million worth of cocaine aboard MV Matthew, a bulk cargo ship intercepted off the south coast in 2023. The smuggling operation was orchestrated by a consortium of Irish, Middle Eastern and Russian criminals, working in concert with Iran and Hezbollah, its proxy Lebanese militia. O'Callaghan will bring a memo to cabinet on Tuesday proposing to reduce from seven years to two the waiting period between a court ruling that property is the proceeds of crime and the issuing of a final disposal order. Under the new proposals, CAB would be permitted to appoint a receiver as soon as a court determines that assets were criminally acquired. This would prevent cases from becoming mired in appeals and stop criminals from continuing to reside in seized homes while legal proceedings are ongoing. The bill will grant CAB investigators enhanced powers to freeze financial accounts and seize assets in the course of an investigation. Ireland is credited with pioneering asset-seizure legislation in the 1990s through the Proceeds of Crime Act 1996. Its first high-profile target was John Gilligan, the drug trafficker suspected of ordering the murder of the journalist Veronica Guerin in 1996. In 2023, CAB deprived criminals of €9.8 million in illicit gains.
Times
4 days ago
- Politics
- Times
How spike in deportations led to massive drop in asylum cases
The number of people seeking asylum in Ireland has dropped significantly following a government strategy of fast-tracking the international protection process and ramping up deportations. Jim O'Callaghan, the justice minister, will present new figures to a cabinet committee on immigration tomorrow showing 43 per cent fewer migrants have sought asylum in the first six months of this year compared with the same period in 2024. The number of people deported after failing to secure international protection has been steadily increasing over the past number of years. In 2023, when Helen McEntee was justice minister, 80 people were deported and 156 people had to leave the following year. So far this year, 198 people have been deported, with the majority being flown to their country of origin on chartered flights accompanied by gardai.
Irish Times
5 days ago
- Politics
- Irish Times
Anatomy of a deportation flight: How the Government's removals work
Seemingly unfazed by the dozens of gardaí and officials surrounding him, the toddler ran in advance of his mother to take his seat on board the chartered aircraft as it sat on the tarmac at Dublin Airport on February 27th. He sat down in a row of three seats where he was joined by his mother. Officials guided his father to the row in front where he was seated between two official escorts. The rows in front and behind them were left empty to separate the family from the other 29 passengers who were loaded on the plane. It was unlikely the young boy was aware he was part of what the Garda had called Operation Trench 9, the first dedicated deportation flight commissioned by the Government in six years. In all, 32 Georgian nationals were flown to Tbilisi aboard the aircraft. READ MORE It is part of a tougher approach to immigration adopted by Minister for Justice Jim O'Callaghan and his predecessor, Helen McEntee, in response to record numbers of asylum seekers arriving in the Republic. Chartered deportation flights had previously been discontinued by the Government on the basis that they did not provide value for money. However, officials believed resurrecting them would not only allow the State to efficiently deport migrants in bulk but would also serve as a public deterrent to other potential asylum seekers. [ Deportation orders triple as Ireland enforces a 'firmer approach to migration' Opens in new window ] 'If you're seeking asylum and you're not entitled to asylum, don't come to Ireland,' said Mr O'Callaghan the morning after the operation. Documents released to The Irish Times, along with interviews with two officials involved in the operation, provide an insight into the huge amount of planning and resources needed for these deportation flights. Planning for Trench 9 began a year earlier when the Government sought expressions of interest from private carriers as it attempted to 'normalise' its approach to deportations. In November 2024, it entered into a €5 million contract with Air Partner Ltd, a UK-based aviation services company with offices worldwide and which carried thousands of tonnes of military cargo to Iraq during the first and second Gulf Wars. It was an obvious choice for the Government. Air Partner has been the go-to broker for the UK government for deportation flights, including its aborted plans to fly asylum seekers to Rwanda for processing. Air Partner also has a contract to provide deportation flights for Frontex, the European Union border security agency. With the deal signed, organisation of the first Irish flight began in early 2025. A list of Georgians whose asylum claims had been rejected and who had refused to leave the country was drawn up. Gardaí were instructed to locate and detain about 30 adults. The Georgians were arrested by the Garda National Immigration Bureau and held in Cloverhill Prison for up to three weeks while the flight was arranged. A human rights monitor, understood to be a retired senior civil servant, was hired on February 5th and briefed on the operation. His job would be to accompany the flight and report on any breaches of human rights, as required by the Optional Protocol to the UN Convention against Torture. Those involved in the 'National Chartered Forced Return Operation' underwent a two-day training course. On February 20th, a series of meetings were held to discuss security concerns, along with legal, logistical and human rights issues regarding the flight. On the day of the flight, Air Partner provided a medium-sized passenger aircraft with the logo of Smartwings, a Czech airline, on its side. Most of the seats would be taken up not by deportees but by gardaí and other officials. Two escorts would accompany each deportee, while a large backup team would also travel for additional security. A doctor and translator would also fly. The first deportees to arrive were four Georgian men and one woman who had been previously arrested and held in rural prisons before being driven to the Garda station at Dublin Airport. [ Just 6% of 2,400 deportation orders this year are enforced or confirmed Opens in new window ] They were held in a room with an interpreter and several gardaí. When the human rights monitor visited the room, they said they were being treated well. He noted in his report that they had an 'ample supply' of sandwiches, fruit and water. One deportee told the monitor they wanted to stay in the Republic but was informed this was a matter they should discuss with their legal team. Two prison vans subsequently arrived, carrying another 24 Georgians from Cloverhill. They were put in individual cells on the vans but not otherwise restrained. The deportation team were informed that they would be carrying one less passenger than expected. That afternoon, one man had successfully applied to the High Court to prevent his removal. However, his baggage still ended up in Tbilisi and had to be sent back by express delivery. Further meetings were held to discuss the rules of the use of force aboard. Gardaí on the backup team were issued with handcuffs and cable ties to restrain passengers if needed. However, according to the human rights monitor, these were only to be used 'as a matter of last resort'. It was repeatedly emphasised to the team that only one of the deportees had a criminal record, for theft and fraud offences. However, one of the men had been labelled as 'high risk' due to his erratic behaviour while in custody. Another two men were deemed 'medium risk' by officials as they were leaving their families behind in Ireland and, as a result, may be more likely to resist deportation. Additional escorts were assigned to these men. Before boarding, a full search was conducted of the plane and the deportees were screened by airport security. The human rights monitor said the deportees seemed relaxed as they were taken to the aircraft. The family of three were brought separately in a van. On board, one man complained he could not sit comfortably in his seat and was transferred to an exit row with more space. The flight departed a few minutes behind schedule and was largely uneventful, aside from two minor medical incidents. Deportees were escorted to the toilets on request by two officers. The captain briefed the passengers in English on their progress and detainees could communicate with each other between rows. Shortly after boarding, peanuts were handed out, followed by a full meal – chicken or vegetarian- and dessert. Shortly before landing, they got an apple and a biscuit. 'No alcohol or hot drinks were offered,' said the monitor. After five hours and 15 minutes, the plane landed in Tblisi, where they 'were greeted by the Georgian police and customs authorities', reported the monitor. The cost for the flight, not including Garda wages, was €102,000 or almost €3,200 per head. Two similar operations have since taken place. In April, another 39 Georgians, including five children, were deported to Tbilisi. [ Jim O'Callaghan's public theatrics mask the truth about asylum seeker deportations Opens in new window ] In June, 35 Nigerians, including five children, were deported to Lagos. The Department of Justice said no human rights monitor was present on that flight 'due to technical reasons' outside its control. The three charter operations cost €530,000, leading to criticism over the value for money of such flights. There has also been criticism of the deportation of children on such flights. Witnesses described the Nigerian children as having been 'put in the back of a black van' with 15 minutes notice. According to one account, the children were prevented from saying goodbye to their friends at the asylum seeker accommodation centre . Last week, Mr O'Callaghan said he has no plans to cease the deportation of children. 'Any such policy would make Ireland an outlier in Europe and could encourage more people to come here with children, knowing that they could not be removed regardless of the outcome of their case,' he told the Dáil. Meanwhile, more flights are planned for later in the year, while the Government also intends to book seats on deportation flights run by other EU countries.
