There has been a surge in recent months in asylum seekers being charged with arriving into the country without passports, as the Government seeks to present a tougher image on immigration.
The massive increase is mainly due to an ongoing operation at Dublin Airport by the Garda National Immigration Bureau aiming to reduce the number of asylum seekers who destroy or dump their travel documents before presenting at immigration control.
Last year, 3,285 people arrived at the airport without valid travel documents, almost all of whom applied for asylum.
Arriving in Ireland without valid travel documents is a crime, punishable by up to 12 months in prison or a €3,000 fine. However, prosecutions have historically been extremely rare. Between 2019 and 2023 there was just a single prosecution and no convictions.
By contrast, in the first two months of 2024, 34 people were charged and brought before the courts, according to figures obtained by The Irish Times.
According to legal sources, many more cases are in the pipeline. “In the last couple of weeks it has been crazy. They are going hell for leather with prosecutions,” said one solicitor. “There appears to be a big push to issue charges there and then at the airport.”
The figures show a large proportion of those appearing before the District Court are receiving immediate jail sentences. In January and February of this year, 12 people received jail terms following conviction, while two received suspended sentences.
Last month, a Sudanese national was jailed for two months for the offence after a judge said he had to send out a “deterrent”.
The increase comes as the Government plans several measures to stem the flow of asylum seekers into the country in advance of local and European elections in June in which immigration is likely to be a major issue.
On Wednesday, Minister for Justice Helen McEntee received Cabinet approval for Ireland to opt into the EU Asylum and Migration pact which will overhaul immigration legislation, increase screenings and security checks at entry points and speed up the deportation of failed asylum seekers.
Stephen Kirwan, a solicitor with KOD Lyons specialising in immigration and asylum, said many of those charged with arriving without documentation are being immediately taken into immediate custody “which legally is very, very dubious”.
Some of those have complained they are not getting access to legal representation, he said.
It is understood at least one person has launched a High Court legal challenge to their detention under the legislation this week.
Despite the increase in prosecutions, only a fraction of the hundreds of people landing without passports are being charged. Mr Kirwan said the criteria dictating who is charged with the offence are unclear.
“It might be that they’re targeting people coming from other [EU] jurisdictions. It might be they are going after people who are arriving without any documentation whatsoever.
“I would like to see on what basis the prosecutions are being brought. And I would certainly think the legislation is going to be tested at some point.”
A Department of Justice spokesman said prosecutions are a matter for the Garda and Director of Public Prosecutions, which “are independent in their functions”.
He said immigration officials are engaging with airlines “to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation”.
“These initiatives are having an impact with a sizeable reduction in the number of persons arriving at Dublin Airport without the correct documentation over the last year.”
According to departmental figures, the number of people presenting without travel documents dropped by one third last year.
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