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Annual Report on Migration and Asylum 2019: Ireland Anne Sheridan

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Annual Report on Migration and Asylum 2019: Ireland Anne Sheridan December 2020 ANNUAL REPORT ON MIGRATION AND ASYLUM 2019: IRELAND ANNE SHERIDAN FO NCE R PO DE LI VI C E Y EMN Ireland is funded by the European Union's Asylum, Migration and Integration Fund and co- funded by the Department of Justice ANNUAL REPORT ON MIGRATION AND ASYLUM 2019: IRELAND Anne Sheridan December 2020 SURVEY AND STATISTICAL REPORT SERIES NUMBER 102 Study completed by the Irish National Contact Point of the European Migration Network (EMN) which is financially supported by the European Union and the Irish Department of Justice. The EMN has been established via Council Decision 2008/381/EC. Available to download from www.emn.ie The Economic and Social Research Institute Whitaker Square, Sir John Rogerson’s Quay, Dublin 2 DOI https://doi.org/10.26504/sustat102 This Open Access work is licensed under a Creative Commons Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly credited. THE EUROPEAN MIGRATION NETWORK The aim of the European Migration Network (EMN) is to provide up-to-date, objective, reliable and comparable information on migration and asylum at Member State and EU levels with a view to supporting policymaking and informing the general public. The Irish National Contact Point of the European Migration Network, EMN Ireland, sits within the Economic and Social Research Institute (ESRI). ABOUT THE ESRI The mission of the Economic and Social Research Institute is to advance evidence- based policymaking that supports economic sustainability and social progress in Ireland. ESRI researchers apply the highest standards of academic excellence to challenges facing policymakers, focusing on 12 areas of critical importance to 21st- century Ireland. The Institute was founded in 1960 by a group of senior civil servants led by Dr T.K. Whitaker, who identified the need for independent and in-depth research analysis to provide a robust evidence base for policymaking in Ireland. Since then, the Institute has remained committed to independent research and its work is free of any expressed ideology or political position. The Institute publishes all research reaching the appropriate academic standard, irrespective of its findings or who funds the research. The quality of its research output is guaranteed by a rigorous peer review process. ESRI researchers are experts in their fields and are committed to producing work that meets the highest academic standards and practices. The work of the Institute is disseminated widely in books, journal articles and reports. ESRI publications are available to download, free of charge, from its website. Additionally, ESRI staff communicate research findings at regular conferences and seminars. The ESRI is a company limited by guarantee, answerable to its members and governed by a Council, comprising 14 members who represent a cross-section of ESRI members from academia, civil services, state agencies, businesses and civil society. The Institute receives an annual grant-in-aid from the Department of Public Expenditure and Reform to support the scientific and public interest elements of the Institute’s activities; the grant accounted for an average of 30 per cent of the Institute’s income over the lifetime of the last Research Strategy. The remaining funding comes from research programmes supported by government departments and agencies, public bodies and competitive research programmes. Further information is available at www.esri.ie THE AUTHOR Anne Sheridan is Senior Policy Officer at the Irish National Contact Point of the European Migration Network (EMN), within the Economic and Social Research Institute (ESRI). ACKNOWLEDGEMENTS This report has benefited greatly from comments and input by staff members of the International Protection Office (IPO); Chairperson, Registrar and staff members of the International Protection Appeals Tribunal (IPAT); Thomas Dunning of Tusla, the Child and Family Agency; Charlene Sadik and Bríd O’Loughlin of the International Organization for Migration (IOM) Ireland; staff members of the Department of Business, Enterprise and Innovation; staff members of the Department of Justice; staff members of the Department of Children, Equality, Disability, Integration and Youth (DCEDIY); Edel McGinley of the Migrant Rights Centre of Ireland (MRCI); Fiona Finn of Nasc; and Enda O’Neill and Maria Hennessy of UNHCR Ireland. I would also like to acknowledge the comments and assistance of my colleagues Emma Quinn, Evie McCullough and Sarah Burns. Assistance with analysis of significant legal occurrences during 2019 including case law summaries was provided by Patricia Brazil LLB, MLitt, PhD (DUB), Barrister-at- Law, EMN legal consultant. This European Migration Network Study, compiled according to commonly agreed specifications, provides a coherent overview of migration, asylum trends and policy developments for 2019. The report consists of information gathered primarily for the EU-level synthesis report of the EMN, Annual Report on Migration and Asylum 2019. All reports are available at: http://ec.europa.eu/dgs/home-affairs/what-we- do/networks/european_migration_network/index_en.htm This report has been accepted for publication by the Institute, which does not itself take institutional policy positions. The report has been peer reviewed prior to publication. The author is solely responsible for the content and the views expressed do not represent the position of the Economic and Social Research Institute, the Department of Justice, or the European Commission, Directorate- General Migration and Home Affairs. TABLE OF CONTENTS Executive Summary .................................................................................................................................. i Chapter 1: Introduction .......................................................................................................................... 1 1.1 Methodology ........................................................................................................................... 1 1.2 Structure of migration and asylum policy ............................................................................... 4 1.2.1 Structure of the immigration system .............................................................................. 5 1.2.2 General structure of the legal system ............................................................................. 9 Chapter 2: Political and international developments and statistical context....................................... 13 2.1 Political developments .......................................................................................................... 13 2.1.1 Brexit ................................................................................................................................ 13 2.2 Institutional developments ................................................................................................... 14 2.3 Legal developments .............................................................................................................. 15 2.3.1 Legislation ..................................................................................................................... 15 2.3.2 Courts – judicial review ................................................................................................. 15 2.4 United Nations and other international developments ....................................................... 17 2.4.1 Convention on the Elimination of all Forms of Racial Discrimination .......................... 17 2.4.2 Visit of UN High Commissioner for Refugees to Ireland ............................................... 21 2.4.3 Global Refugee Forum, Geneva, December 2019......................................................... 21 2.4.4 International development strategy ............................................................................. 22 2.5 Population and migration estimates ..................................................................................... 24 Chapter 3: Legal migration .................................................................................................................... 27 3.1 Residence permit statistics ................................................................................................... 27 3.2 Economic migration .............................................................................................................. 28 3.2.1 Employment permit statistics ....................................................................................... 28 3.2.2 Legislation ..................................................................................................................... 28 3.2.3 General Scheme of an Employment Permits (Consolidation and Amendment) Bill ..... 30 3.2.4 Changes to immigration arrangements for spouses and de facto partners of Critical Skills Employment Permit Holders ................................................................................................ 32 3.2.5 Atypical Working Scheme ............................................................................................. 33 3.3 Pre-clearance schemes ......................................................................................................... 34 3.4 Immigrant investors and entrepreneurs ............................................................................... 35 3.4.1 Immigrant Investor Programme ..................................................................................
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