Report urges Ireland to stop prosecuting asylum seekers over travel documents

The report, Criminalising Asylum in Ireland: Prosecuting Asylum-Seekers without a Valid Passport or Equivalent Document, examines a surge in such prosecutions during 2024 and concludes that the practice raises concerns about Ireland’s compliance with international and EU law.

Authored by Dr Bríd Ní Ghráinne and Chunyan Chon in collaboration with the Irish Refugee Council, the report argues that many asylum seekers have little choice but to travel without valid documents because of the circumstances in which they flee their home countries and the lack of safe legal routes to claim asylum.

It notes that Article 31 of the 1951 Refugee Convention prohibits the prosecution of refugees who enter a country without valid travel documents, provided they meet certain conditions, including presenting themselves to the authorities within a reasonable time.

Although Irish law provides a defence of “reasonable cause” for travelling without valid documents, the researchers found that many asylum seekers pleaded guilty in order to secure their release from prison as quickly as possible.

The report recommends that, if prosecutions continue, Article 31 should be expressly incorporated into Irish law. It also calls for prosecutorial guidelines on the application of the Refugee Convention, continued oversight by the director of public prosecutions, and greater awareness among criminal defence lawyers of the potential long-term consequences of guilty pleas for asylum seekers, including their impact on naturalisation, leave to remain and future employment.

The researchers also recommend that asylum seekers should not be identifiable in media reports because of the potential risks to them or their families.

Dr Bríd Ní Ghráinne said: “Ireland has an obligation not to prosecute anyone who is seeking asylum and falls within the scope of Article 31 of the 1951 Refugee Convention. Our report shows how this obligation can be implemented in practice, considering both the need to protect the borders and uphold the right to seek asylum. We very much hope that our recommendations will be taken up by relevant stakeholders in future.”