The Republic of Ireland has signed The UN Convention against Transnational Organised Crime (2001) and the supplementary Protocols to Suppress and Punish Trafficking in Persons Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. The Illegal Immigrants (Trafficking) Act (2000) prohibits the trafficking of irregular migrants. Section 2 of the Act states that "a person who organises or knowingly facilitates the entry into the State of a person whom he or she knows or has reasonable cause to believe to be an illegal immigrant or a person who intends to seek asylum shall be guilty of an offence".

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The Republic of Ireland has signed The UN Convention against Transnational Organised Crime (2001) and the supplementary Protocols to Suppress and Punish Trafficking in Persons Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. The Illegal Immigrants (Trafficking) Act (2000) prohibits the trafficking of irregular migrants. Section 2 of the Act states that "a person who organises or knowingly facilitates the entry into the State of a person whom he or she knows or has reasonable cause to believe to be an illegal immigrant or a person who intends to seek asylum shall be guilty of an offence". Severe penalties may be faced by persons who are guilty of such acts, including up to ten years imprisonment or unlimited fines, however bona fide organisations taking measures for the purposes of assisting asylum seekers would not be criminalised under section 2(2)(b). The Garda (Police) National Immigration Bureau was set up in May 2000 with one of its primary objectives being the co-ordination and development of strategies to combat trafficking, it works closely with the Immigration Division of the Department of Justice.

The Illegal Immigrants (Trafficking) Act (2000), also amended the Immigration Act 1999, section 10 allows Police and Immigration Officials to detain unsuccessful asylum seekers pending their deportation. Under section 3(2), of the Immigration Act (1999) the Minister for Justice may make a deportation order in a number of circumstances including when a persons application for asylum has been refused; when a persons leave to land in the state has been refused; when the person has contravened a restriction imposed on him/her in respect of landing in or entering into all leave to stay in the State or when a persons deportation would be conducive to the common good in the opinion of the Minister. Under section 3 (6)(a) the Minister must have regard to a number of issues and will take into consideration representations made under this provision (see 8.2 – Immigration law and policy and 8.8 – Family Reunion).

The Refugee Act (1996) sets out in section 9(8) the circumstances when an asylum applicant may be detained, these include: when they are considered to pose a threat to national security or public policy; when they have committed a serious non-political crime outside the State; when they have not made reasonable efforts to establish their identity including not co-operating with the requirement to provide fingerprints; intending to avoid removal from the State; destroying travel or identity documents without reasonable cause or possessing forged identity documents. A number of other offences are set out in the Act including under section 9(4): seeking or entering into employment or attempting to leave the State without permission with penalties of imprisonment of up to one month or a 500 euro fine. Provision of false information under section 20 (2) may result in imprisonment for up to six months or a 1500 euro fine or both. The same penalties apply under this section when persons have destroyed or concealed their identity documents, or forged, fraudulently altered or assisted in or sold forgeries or fraudulent alterations of travel documents. For the latter offence conviction on indictment may lead to a 60,000 euro fine or imprisonment for three years or both.

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

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