Summary deportation from the State of those who are here illegally and a new category of long-term residence are among the features of a fundamental reform of immigration and asylum law published yesterday.
The Immigration, Residence and Protection Bill allows people suspected of being here illegally to be arrested without warrant and detained in a Garda station or "prescribed place", including a prison, pending deportation.
Announcing the new measures, Minister for Justice, Equality and Law Reform Brian Lenihan said they sought to bring clarity to many aspects of immigration that were at present unclear, particularly the question of lawfulness in the State.
"No foreign national will be in any doubt as to whether he or she is lawfully in the State. If you have a permission from the Minister you will be lawfully in the State; but if you have not you will be unlawfully in the State; and unlawful presence brings with it the obligation on the person to leave the State."
The Bill provides mechanisms for those coming here seeking work or to study, via a visa scheme and a residence permit scheme; and an integrated system for applying for asylum and other forms of protection from persecution under international law.
In what is the first major shift in law in the area since the introduction of the 1935 Aliens Act, the Bill also involves an overhaul of the asylum process.
Mr Lenihan said applications for asylum have been falling steadily for the past number of years, and were now at their lowest level for a decade.
Under the Bill an asylum-seeker can seek a protection application entry permission at the State's frontier. The application will then be investigated by the Irish Naturalisation and Immigration Service, which incorporates the previous Refugee Applications Commissioner.
The right to appeal does remain, but to a new body, the Protection Review Tribunal, which replaces the controversial Refugee Appeals Tribunal. It will be required to demonstrate transparency and consistency, and may have full-time members.
Under the law there will be more restricted access to judicial reviews of asylum refusals, with provision for deportations to continue while awaiting trial.
Costs are to be awarded against lawyers who bring "frivolous or vexatious" challenges.
There are also new rules for recognising marriage between non-EU citizens, and for marriage between non-EU and Irish citizens.
Immigrant groups and Opposition parties yesterday raised concern at provisions contained in the new Bill. The Immigrant Council said the proposed law would require significant amendment in order to achieve the Government's stated aim of establishing a fair and transparent immigration system.
"At first glance there is little evidence that the problems besetting the system now will be addressed - inordinate delays in decision-making, inconsistent decisions, lack of clarity and a reliance on the courts to sort out the mess, with resulting cost implications for taxpayers," said chief executive Denise Charlton.
Labour's justice spokesman Pat Rabbitte said it was not apparent that the pledge to put Ireland's immigration policy on a statutory basis had been delivered in the Bill.
"Far from expressing in law what precisely are the rights, entitlements and expectations of migrants from outside the European Economic Area, the Bill appears to be giving the Minister the power to regulate inward migration."
Under the new law those seeking to come to Ireland can apply for a visa, which will entitle them to present themselves at a port, but will not guarantee entry. However, in most cases entry is likely to be allowed to those with visas. Those who come here to work or study can then apply for a residence permit. A residence permit can be short or long-term, renewable or non-renewable.
A long-term residence permit can be applied for after five years (or two for certain categories of people) and is aimed at those coming here with sought-after skills. It entitles the holder to most of the rights and services enjoyed by Irish citizens, including the right to travel abroad without seeking any renewal of the permit.
Main proposals
A new visa scheme for non-EU nationals seeking to come to Ireland.
Deportations to be allowed while people await decision.
Costs to be awarded against lawyers who bring "frivolous or vexatious" challenges.
Provision for detention in Garda stations or prisons of those suspected of being in the State illegally.
New rules for recognising marriage between non-EU and Irish citizens.
Review of asylum decisions to be made more restrictive.