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Could Immigration Change Ireland’s Laws?

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The Russian invasion of Ukraine has had multiple spillover effects across the world. One of the most significant has been the many immigrants trying to leave the region and travel to the UK and surrounding territories.

Ireland has not escaped this, with the country becoming home to thousands of immigrants who are seeking safety and attempting to claim asylum. While the country has laws established to deal with this influx of people, recent events alongside this influx are making it challenging to continue accepting new residents while addressing the concerns of residents at the same time.

For many, changes to local laws are seen as the answer. With stricter regulation of who can enter the country and claim asylum, it will make it more difficult for non-Irish natives to call the country home. However, these laws need to be carefully balanced against the situation these immigrants are trying to escape from and a desire to help those in need.

Here, we’ll look into the current climate surrounding immigration in Ireland, what laws currently exist, and if there are any changes in the laws on the horizon.

Current Immigration Laws

All immigration within Ireland is overseen and regulated by the Garda National Immigration Bureau (GNIB). This body was established under the Immigration Act of 2004, which also outlines the legal framework for immigration to the country.

Under this act, stipulations are laid out for the process of immigration, the requirements for persons from particular countries to apply for a visa, and the conditions under which a residency permit may be granted. Also covered by the law are the processes for deportation for anyone found to be in the country without relevant permissions.

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Although the Immigration Act spells out the process for gaining entry or residency in the country, it is not the law that applies to immigrants who arrive with the aim of seeking asylum. Instances like this are covered by the International Protection Act of 2015.

The act goes beyond giving people the chance to register to live in Ireland and creates a framework through which refugees can enter the country. When doing so, they can apply for asylum, which will be considered under the direction given by the act.

During the application process, the act directs that all asylum seekers, known as international-protection applicants, are to be allowed access to the country. While they are in the region, they are to be housed, clothed, fed, and given medical treatment at the state’s expense.

At the end of the application, refugees must either be given refugee status, granted protection status, given permission to remain in the country for humanitarian reasons, or refused international protection. In the case of the latter, the refugee will be deported back to their homeland or to a country where their application is more suitable. For many years, this country was the UK.

Influx of Immigrants

Even before the invasion of Ukraine by Russian forces on February 24, 2022, Ireland was a popular country for immigrants. Some towns in the country, like Ballyhaunis, have been immigration havens since the 1970s, with almost 40% of the population born overseas as of 2023.

The levels of immigration, however, have increased drastically since early 2022. Between April 2022 and April 2023, the country saw more than 140,000 immigrants trying to gain asylum or residency in the land. Of these, almost 100,000 are Ukrainians that have been forced from their homes by Russian forces.

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Trying to manage this influx of people, the Irish government has established sites to house these asylum seekers while they go through the due process of application as outlined by the International Protection Act of 2015. This provides immigrants with a place to stay while they await their verdict—which is usually an extended process.

In 2021, Ireland was found to have one of the highest wait times for waiting to hear the outcome of an asylum application. While other European countries issued decisions in less than ten months, the UK averaged 20.1 months, with Ireland taking the lead at 23 months per application.

Internal Backlash

While the government may be understanding of the plight of these immigrants and be making provisions to house them during this wait, residents are increasingly opposing the flood of immigrants. Many have cited the need for the government to regulate people entering the country.

This has led to several instances where the populace has taken matters into their own hands. One of the earliest of these occurred in May 2023, when refugees near Dublin’s International Protection Office came under attack from residents wanting them to leave.

More recently, riots erupted in multiple locations across the country as the government attempted to establish asylum centers to house those coming into the country. Dublin was again at the fore of this, with 15 arrested after attacking police who were trying to protect the site from arson.

Changing Laws

With public unrest growing and more immigrants seeking asylum, many are looking to the government to offer guidance on the way forward. This is expected to be done using new legislation that addresses the problem.

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Precedent for a change in laws due to circumstance has been set. One common example is the gambling industry. Legalized in 2003, the country was bombarded with online operators as iGaming grew traction internationally. This resulted in a revision of laws in 2022, which saw a formal regulatory body established.

Alongside requirements that players can only access casinos that hold an Irish gambling license, further regulations were put in place to protect players. Many are calling for reforms like this to be applied to immigration, with many calling for the government to send immigrants to the UK or other European countries.

In this regard, the government has already made strides forward. In March, the High Court of the country found flaws in the International Protection Act of 2015 and has since attempted to engage with the UK to return refugees. This move has been backed by the Irish Cabinet but has yet to yield any measurable results.

Until this and other reforms come through to limit the number of immigrants entering the country, the government is bound to play a delicate game of balancing the protection of immigrants with the rights of citizens already calling Ireland home. Failure to do so could be catastrophic and lead to even more problems for the small nation.

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