The largest overhaul of the immigration and asylum system in a generation could end up mired in legal challenges, administrative dysfunction and human rights violations, the State’s human rights watchdog warns.
The Irish Human Rights and Equality Commission (IHREC) has “grave concerns” about the speed with which the Government is moving to implement the EU Migration and Asylum Pact, the lack of consultation about and scrutiny of it, and potential human rights infringements, particularly of children, as detailed in an analysis published on Tuesday.
The pact, which Ireland opted into last year and which must be enacted by June 2026, aims to streamline migration and asylum law across the EU, making it easier to process asylum applications and faster to identify failed applicants.
It will see increased biometric data gathering and co-ordination between states.
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Complying with the June 2026 deadline will necessitate transposition of six detailed EU acts and alignment with two more, says IHREC.
It will mean tougher border security checks, with biometric data gathered from asylum seekers – including children – and shared with other EU states’ quicker processing of applications and accommodation in new ‘border management’ centres.
In some cases asylum applicants will have their movements restricted, though Government insists they will not be accommodated in detention centres.
The commission has concerns under several headings, including that people will be held in “de facto detention”; that children whose age is disputed will be processed as adults; the treatment of human trafficking victims; discrimination against applicants with no or limited digital literacy; and limitations on access to legal advice and representation.
The more than 200-page general scheme of the International Protection Bill 2025 says the Pact will “broaden the circumstances under which an individual can be detained”, says the commission.
“This includes the power to arrest and detain applicants without a warrant if they refuse to travel to screening centres, with no absolute time limit on this detention. The provisions also allow for the arrest and detention of children without a warrant.
“Though the Bill commits to minimising detention, the Commission is deeply concerned about the introduction of measures – such as biometric reporting and electronic surveillance – that will constitute de facto detention.”
It says “limitations on access to legal advice and representation” during the initial stages of asylum application “will likely be the subject of legal challenge for their compliance with the EU Charter of Fundamental Rights”.
There is a “lack of clarity on age assessment procedures under the proposed legislation”. The commission warns “children wrongly assessed as adults could be subjected to the fast-track border procedure”, potentially endangering their rights as minors.
Liam Herrick, chief human rights commissioner, said: “This is a once-in-a-generation overhaul of our asylum system. We must get it right.
“In our analysis of the current draft proposals, the commission believes the State is in danger of introducing a system that fails to respect and vindicate the fundamental rights of international protection applicants.
“The proposals regarding detention of asylum seekers, access to legal representation and counselling, and the treatment of children and vulnerable people give rise to particular concerns.
“While the commission recognises the complexity and challenges facing the State in implementing the Migration Pact, we also believe that many aspects of this General Scheme are impractical and may lead to the new system becoming mired in litigation and uncertainty.”
