The system of migration law and policy in Ireland is provided for mainly by legislation. The Constitution does not include a right to free movement and definition of that right, although the Supreme Court has begun to define the parameters of migrant’s fundamental rights. A recent case has limited the rights of parents whose children were born on the Irish territory, and are therefore Irish citizens.

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The system of migration law and policy in Ireland is provided for mainly by legislation. The Constitution does not include a right to free movement and definition of that right, although the Supreme Court has begun to define the parameters of migrant’s fundamental rights. A recent case has limited the rights of parents whose children were born on the Irish territory, and are therefore Irish citizens. Individuals may enter Ireland to claim asylum or may apply from outside the country to enter as migrant workers. If they have the necessary skills to work in a designated sector, such as Information Technology or architecture they may apply directly and may change employers within the same field, migrant workers may not enter a number of specified fields of employment. Migrant workers are protected against discrimination on the same basis as Irish nationals.

Over 80 countries worldwide do not require visas to enter Ireland, all those remaining must apply for a visa before entering the country. Asylum seekers may claim asylum at the port of entry or the office of the Refugees Applications Commissioner.  They are designated accommodation where they must reside during the assessment of their asylum claim, support is provided for them in the centres, including meals, and children are entitled to education in local schools. Unaccompanied minors are provided with the necessary support from Health Authorities, and are housed in hostels, bed and breakfast establishments or with foster families. Refugees have the right to family reunification; persons with Leave to Remain also have this right although it is not provided for in legislation. Migrant workers have limited rights of family reunification, family members however may join EEA or Swiss nationals. There is no right to a permanent residence or settlement permits in Ireland; migrants may however obtain temporary residence permits and seek Irish citizenship in order to achieve permanent residence in the country.

Individuals may challenge the denial of refugee status or employment visas. If an asylum claim is refused individuals have a right of appeal to the Refugee Appeals Tribunal, if their claim was given substantive consideration they would be entitled to an oral hearing, if deemed manifestly unfounded the appeal would be considered on the papers. Individuals denied employment visas or authorisations may make written appeals to the Visas Section of the Department of Justice, such appeals must include more extensive information than was sent with the original application. There is no right of appeal for employers who are unable to obtain employment permits for individuals.

Ireland has legislation prohibiting the trafficking of irregular migrants, persons guilty of such offences may face severe penalties. The legislation on trafficking also creates a right to detain unsuccessful asylum seekers pending deportation. Individuals may make representations against deportation orders ordered by the Minister of Justice. Refugee legislation specifies the circumstances when asylum applicants may be detained and creates a number of offences for which applicants maybe detained or fined (see 8.11-Migration and Crime). Ireland has a number of bilateral Readmission agreements with third countries to facilitate the process of removal of irregular migrants, as a member of the European Union they are also party to Readmission agreements made by the EU.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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