International Protection Bill 2026: Second Stage Dail Éireann — 2026-01-28 ============================================================ Jim O'Callaghan (FF), Dublin Bay South In preparation for the commencement of the Act, my Department has already begun to operate elements of the new asylum border procedure and to transition gradually to fully implementing the provisions that will be set out in this legislation. This transition is being undertaken within the framework of the existing legislation, which is the International Protection Act 2015. To begin this transition, new readiness teams were established in June 2025. Operations began in Citywest reception centre in July 2025, in partnership with the International Protection Office, IPO, the International Protection Appeals Tribunal, IPAT, the International Protection Accommodation Service and the immigration service delivery’s repatriation team. This phased approach has enabled my Department to test the ability of the international protection system in its entirety to process cases within the required timeframe of the future asylum border procedure and to make adjustments where necessary. This work has allowed my Department to identify pressure points and practical challenges across the process, to create new standard operating procedures and to set out future training needs. I will now turn to the detail of the Bill. The Bill is divided into 15 Parts which I will briefly outline. Part 1 deals with preliminary matters. Chapter 2 provides that the Minister for justice is the designated determining authority for the purposes of the pact measures to determine whether a person qualifies as a refugee or is eligible for subsidiary protection. Chapter 2 provides for the application of the concepts of first country of asylum and safe third country. Part 2 of the Bill sets out matters relating to the taking of biometric data and the screening of applicants for international protection. Chapter 1 provides for the taking and transmission of data to Eurodac as well as the management of this data. Chapter 2 ensures appropriate alignment with the screening regulation. Persons applying for international protection will undergo screening. Chapter 2 provides for the designation of screening centres, the screening process and preliminary health and vulnerability checks. Part 3 provides for the procedures that will apply where a person applies for international protection. Chapter 1 provides for the making, registration and lodgement of applications for international protection. Chapter 2 makes provision for the appointment of representatives and provisional representatives for unaccompanied minors. Chapter 3 outlines the assessment process for determining the age of an applicant. The new age assessment process will meet the requirements of the asylum procedures regulation and will involve a multi-disciplinary assessment. Chapter 4 provides for an applicant's right to remain in the State while his or her application is being examined and the limitations and exceptions attached to the right to remain. Chapter 4 also provides for the international protection applicant card. Chapter 5 makes provision for explicit and implicit withdrawal of applications. Chapter 6 provides for subsequent applications. Part 4 implements provisions of the asylum and migration management regulation relating to the determination of the member state responsible for examining an international protection application. Part 4 provides for the determination of the member state responsible for examining an application. Provision is made for matters relating to transfer decisions. Part 4 sets out the procedures that will apply when Ireland is the member state responsible for examining an application. The new responsibility provisions replace the Dublin III regulation. Part 5 deals with the examination of international protection applications. Chapter 1 provides for the use of a medical examination for indications of past persecution or serious harm. Chapter 2 provides for the examination and, where necessary, the prioritisation of applications for international protection. Chapter 3 stipulates the requirements for interviews of applicants. Chapter 4 outlines the different decisions that can be made in relation to applications and sets out arrangements for the granting of refugee status or subsidiary protection status. Chapter 5 provides for the accelerated examination procedure. Chapter 6 implements the provisions of the asylum procedures regulation relating to the asylum border procedure. This new procedure sets a 12-week time limit for first instance and appeal decisions to be completed for certain categories of applications. The aim is to issue decisions in the quickest time possible to those less likely to have an entitlement to international protection. That is one of the most significant aspects of this new legislation. It places an obligation on this State to ensure that we process applications, in certain instances under the asylum border procedure, within a period of 12 weeks. That expedited process is fair to the applicant and fair to the State. Part 6 deals with the right of an applicant to appeal to the new tribunal for asylum and returns appeals where an application for international protection is refused at first instance. The time limits to appeal will be set at the maximum of the range specified in asylum procedures regulation. These time limits will be 10 days for appeals where the applicant was subject to the accelerated examination procedure or asylum border procedure and one month for other appeals. The tribunal will be required to make a decision in respect of an appeal without holding an oral hearing unless the appeals officer is of the opinion that a full and ex nunc examination of both facts and points of law cannot be achieved without an oral hearing. That is another very significant change that will arise as a result of this legislation, if it is enacted. At present, most appeals are determined alongside an oral hearing. In future, oral hearings under the new legislative procedure will be the exception. The phrase " ex nunc " is a Latin phrase essentially meaning "from now on". It is used as a legal term to signify that the appeal will take account of circumstances pertaining at the time of the appeal and not in the past. In deciding whether an oral hearing is necessary, the appeals officer must have regard to guidelines issued by the chief appeals officer relating to appeals. Part 7 deals with the rights and entitlements of persons who have been granted international protection. It provides for certain rights for beneficiaries of international protection and permission to reside in the State. Part 8 sets out the circumstances where voluntary return to a person’s country of origin, country of former habitual residence, or a third country where the person is legally entitled to reside, may be offered. The option of voluntary return will not be offered to persons who have committed a serious offence or who are a danger to the security of the State. Part 8 also makes provision for withdrawal of international protection and the right to appeal of a person subject to withdrawal of international protection. Part 9 provides for the making of a return decision at the same time as a decision which rejects an international protection application. When a return decision is made, an entry ban notice will be issued to require the person to remain outside the State. Where a person opts for voluntary return, complies with all aspects and satisfactorily confirms his or her return, the entry ban notice and return decision will be revoked. However, an entry ban notice will not be revoked where the person poses a risk to public policy, public order or national security. That combination of returns and exclusion is a new aspect to it as well. Chapter 2 provides for appropriate alignment with relevant provisions of the return border procedure regulation. Applicants whose applications are rejected under the asylum border procedure will, with limited exceptions, be placed in the return border procedure. Part 10 provides for matters relating to programme refugees and the process that will apply where it is proposed that Ireland should request the European Commission to activate the procedure in the crisis and force majeure regulation. Part 11 provides for the establishment, membership and functions of the new tribunal. It will be known as the tribunal for asylum and returns appeals. It will operate separately from IPAT and deal only with appeals against international protection returns decisions made under this legislation, which will commence on 12 June. Part 12 provides for the establishment of an independent monitoring mechanism, as provided for in the screening regulation and the asylum border procedures regulation, which will be headed by a chief inspector of asylum border procedures. The chief inspector will monitor compliance with EU and international law, including the Charter of Fundamental Rights of the European Union, during the screening of applicants and the application of the asylum border procedure. The chief inspector will have the power to investigate allegations of breaches of rights and to inspect asylum border facilities. Part 12 will also establish an advisory board for the chief inspector. The advisory board’s purpose will be to consult, guide and advise the chief inspector in relation to his or her duties and the performance of his or her functions. Part 13 makes provision for miscellaneous matters, including the designation of safe countries of origin and safe third countries. Part 14 provides for transitional provisions and amendments to the International Protection Act 2015. Existing caseloads of applications and appeals will continue to be processed under the 2015 Act, with the new arrangements applying to international protection applications lodged from 12 June of this year. Part 15 provides for amendments to other enactments. The Schedule sets out the text of the 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees. I now want to mention the amendments I intend to introduce on Committee and Report Stages. I will introduce amendments to give effect to the reception conditions directive. These will include provisions for material reception conditions, restrictions of freedom of movement, detention, alternatives to detention, special reception needs and labour market access. There will be amendments to make provision for legal counselling, legal advice and legal aid, as required under the asylum procedures regulation. I will introduce provisions on temporary protection, which will include expanded and clarified provisions to deal with the temporary protection of displaced persons, including revocation of temporary protection. My Department and the Office of the Attorney General are developing provisions for inclusion in the Bill to give effect to the proposals approved by the Government last November on family reunification. These propose that beneficiaries of international protection must wait for a defined period before bringing family members to Ireland and must be able to show proof that they are self-sufficient. I am reflecting on the appropriate period to ensure the correct balance is struck between the interests of the Irish public and those seeking family reunification, recognising that our resources are not unlimited and that those seeking reunification should be able to support any persons joining them. Before I finish, I would like to address suggestions that this Bill is prioritising speed over fairness. I do not believe that is accurate. This legislation strikes a fair balance between the two. It reinforces Ireland’s commitment to providing refuge and protection to those who need it. This will be done by building a system that is sustainable, fair and efficient and that meets our obligations under international law. I look forward to working with colleagues in the House as we continue our discussions on this important legislation in the coming weeks. It is obviously very significant legislation. It is very lengthy and detailed, and I want to give the House as much time as possible on Second Stage for its consideration. That is why I think three days have been allocated for the purpose of debating this on Second Stage. I look forward to hearing contributions from other Deputies in the House. I will listen to them closely, as will my colleague Deputy Brophy, the Minister of State, who has worked very closely with me on formulating these proposals. Although colleagues are perfectly entitled to be critical of the proposals put forward by the Government, I ask them to put forward how they would change the legislation if they were in the same position as me and the Minister of State. If they had an opportunity to include provisions to change asylum laws in Ireland, what changes would they make? They should not feel obliged to restrict themselves to what is within the parameters of the EU regulations and directives. They should tell us what measures they would like to see within our asylum laws in Ireland. These measures will be given consideration. I commend the Bill to the House. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-28/debate/main Retrieved: 2026-08-14T04:54:34+00:00 Sitting date: 2026-01-28