Nick Henderson

Justice minister Helen McEntee is expected to bring legislation to the Oireachtas providing for the designation of the UK as a ‘safe country’ to which asylum seekers can be returned.

The High Court recently ruled that the way in which the UK had been designated as a safe country was not compatible with EU law.

However, the Irish Refugee Council said the government should explain how it reached the conclusion that most asylum seekers were arriving from the UK.

Nick Henderson, CEO of the Irish Refugee Council, said: “We don’t know how the Department of Justice came to the 80 per cent figure and, as far as we know has not published its methodology. Just because a person has not applied for protection at an airport or port it does not automatically mean the person has crossed the border from Northern Ireland.

“A person may pass through immigration control and then apply for protection at the IPO. They may not want to apply at the airport or port because they think they will be placed back on the flight and returned putting them at risk of persecution.

“Also a person may also be here with one status, e.g. as a student, but due to a change in circumstances, e.g. war in their country need to apply for protection. For example, we have supported people from Gaza in this type of situation. This is known as ‘sur place’ refugees.”

He added: “If people are moving to Ireland from the UK in numbers, it should be viewed in the context that the UK is not a safe country for people seeking protection and in does not currently process applications for protection if the person is deemed to have entered the UK irregularly.”