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Immigration to Ireland - policies, challenges, and solutions *Read OP before posting*

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  • Registered Users Posts: 1,807 ✭✭✭Ahwell


    Not having documentation does not void someone’s right to claim asylum. Everyone has the right to seek and enjoy asylum from persecution in other countries under Article 14 of The Universal Declaration of Human Rights.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    But they must also obey the laws of the country and I think there are laws requiring you to have the correct documentation when entering.



  • Registered Users Posts: 558 ✭✭✭Gussoe


    So you're claiming that countries are legally compelled by international law to accept persons travelling to their jurisdiction with no travel documents, correct?

    Can you provide any evidence of this claim?



  • Registered Users Posts: 1,764 ✭✭✭ArthurDayne


    Well, when you talk about "countries that deport illegal migrants", Ireland is one of them. Ireland does deport people...as does France, as does Germany, as does Belgium etc.

    The problem is that deportation can simply be difficult because it requires the co-operation of either the person themselves or the authorities of wherever it is you are trying to send them — which isn't always forthcoming. Even our fellow EU member states, the countries with whom we have the strongest and friendliest economic and diplomatic relationship, don't always co-operate with us on deportation.



  • Registered Users Posts: 558 ✭✭✭Gussoe


    I don't think anyone is under any illusions that each and every person served with a Deportation order, will be successfully deported.

    However, it is you and others that suggest that those persons should be granted status here, and access to our labour market, our housing market, our social welfare system. Whereas I would prefer to keep these persons out of the aforementioned, physically separated from the public, held within DP centres and basically make an example of them. Humanitarian needs met, yes. Comfort and luxury, no.

    If they want to try and make an asylum claim elsewhere, lets assist them.



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  • Registered Users Posts: 893 ✭✭✭Emblematic



    I think, however, returning illegal migrants before they have officially entered the country is not the same as deporting migrants who may have been in the country some time.

    I believe if you fail to provide valid documents upon entry to to the US, you are put on the next flight back and billed for the return flight (not that I imagine they get much money back but that is not the point).

    They do have illegal migration into the US but I think it is mainly through the southern border.



  • Registered Users Posts: 1,764 ✭✭✭ArthurDayne


    Well, what's the alternative if you aren't able to successfully deport them? Put them in actual prison? OK, for how long? Then what, once the prison term ends?



  • Registered Users Posts: 558 ✭✭✭Gussoe


    Indefinately. Assist them with making an AS claim in another jurisdiction.



  • Registered Users Posts: 1,807 ✭✭✭Ahwell


    Article 31 of the Geneva Convention provides protection to refugees from prosecution and the imposition of penalties by reason of the illegal entry or presence in the host state, including by reason of the possession of false documents.



  • Registered Users Posts: 15,956 ✭✭✭✭Spanish Eyes


    Leave out the airlines obligations just for a moment and focus on border control/access to airside.

    In all my travels nowadays I have to scan my Boarding Card before entering the security area. Presumably the bar code contains all my information. That is captured somewhere for security purposes I'm sure so why not share that information with all EU airports? Therefore if someone arrives without documents, the information is available or already shared by Border/Security control at the departure airport.

    Would probably need an EU wide agreement or something. And there is possibly something I am missing in this modest proposal. GDPR (if it's an issue) can surely be waived in the interests of International security and illegal immigration. I don't mind being wrong and would welcome comments on why this could not happen going forward.

    The airlines appear to need ID via your boarding card to make sure you are you and are taking the correct plane, and yikes! ..... in the event that the plane crashes you can be identified by your seat number or something.



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  • Registered Users Posts: 558 ✭✭✭Gussoe



    31. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

    That means that people whose application for AS status has been successful, should not then be prosecuted for their illegal entry.

    Doesn't say anything at all about presenting false documents btw.

    And it doesn't mean that we have to accept people into the country without valid travel documents. Our laws, and this isn't unique to Ireland, are that a valid travel document is necessary to enter the country.

    I would also point out this operative phrase: who, coming directly from a territory where their life or freedom was threatened.

    People arriving here are not coming from such a territory, perhaps with Ukraine being an exception. But even then there are no direct travel links between Ireland and Ukr.

    This article probably refers to people that sneaked across borders where a war or ethnic conflict is underway, later awarded refugee status.



  • Registered Users Posts: 558 ✭✭✭Gussoe


    Here's a question for you.

    As you know, or have read; there are persons traveling here destroying their travel documents en route, then present and claim asylum.

    In your opinion: this is good, and a proper way to leverage the Geneva Conventions?

    Or like I believe; this is an abuse and should be stopped.



  • Registered Users Posts: 2,579 ✭✭✭MegamanBoo


    I've no idea how effective that is for the Netherlands, but they do have a much smaller and busier coastline than us.

    Might be trickier in Ireland though, unless... wait....

    Maybe a wall around the island a few miles offshore?

    Build that wall! Build that wall! Build that wall!



  • Registered Users Posts: 893 ✭✭✭Emblematic


    In fairness, no one is suggesting building a wall. The most I think people want to see is proper checking of documents at airports and refusal of entry where documents have been deliberately destroyed on the flight in order to hide identity or nationality. This is not an unreasonable request. If they had their passport getting on a plane they should have it when going through passport control.



  • Registered Users Posts: 1,764 ✭✭✭ArthurDayne



    To be honest, with all respect, I just don't think you've thought any of these points through to a logical end.

    Indefinite detention is simply not feasible — even aside from the basic human rights issue it doesn't make socioeconomic sense.

    Assisting a claim for asylum in another jurisdiction is one of those things that sounds perfectly simple in a one liner — but what does that even mean. We already have a system for re-assigning asylum seekers to other EU countries and in many (I think most) instances this is refused.



  • Registered Users Posts: 2,579 ✭✭✭MegamanBoo


    I think the only way you could refuse entry is with some kind of a pre-clearance system.

    I'd guess very expensive and would maybe require EU and UK co-operation?

    After that, what are you going to do when people start arriving by sea, then will you build the wall?



  • Registered Users Posts: 893 ✭✭✭Emblematic


    I don't think the possibility of some trying to get to Ireland by small boat justifies allowing illegal entry via airports.



  • Registered Users Posts: 2,579 ✭✭✭MegamanBoo


    Small boats and cargo containers.

    I believe people trafficking into a wealthy country like Ireland is quite profitable, I don't think the fortress approach is going to work, given that it's been unsuccessful in so many other countries.

    Besides we also have to build a wall along the NI border, how's that going to work?



  • Registered Users Posts: 893 ✭✭✭Emblematic


    From Permission to enter Ireland (citizens information).

    The immigration officer may refuse your permission to enter Ireland if the immigration officer believes:


    You are not in a position to support yourself and any dependants arriving with you

    You intend to take up employment and you do not have a permit

    You suffer from certain specified conditions - these include TB, other infectious diseases, drug addiction and profound mental disturbance (this is defined as “manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion”)

    You have been convicted of an offence which carries a penalty of a year’s imprisonment or more

    You are obliged to have a visa and you do not have one

    You are the subject of a deportation order, an exclusion order or similar order

    You do not have a valid passport

    You intend to travel to Great Britain or Northern Ireland and you do not have a right to enter there

    Your entry or presence in Ireland could pose a threat to national security or be contrary to public policy

    You have come to Ireland for a different reason than you have given the immigration officer




  • Registered Users Posts: 2,579 ✭✭✭MegamanBoo


    But they're still on the island, what do you do with them once you've 'refused permission to entry'.

    I guess the reason the US can but people back on a return flight is because they've agreed with the airline beforehand. As part of the pre-clearance system they can greatly limit the likelihood of somebody seeking asylum once they arrive at the airport.

    We can't do that without a pre-clearance system.

    And it still leaves the problem of what are we going to do with people arriving by sea or via NI.



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  • Registered Users Posts: 558 ✭✭✭Gussoe


    What human rights issue? How is detaining someone that a court has determined has no right to be in the country, a human rights issue?

    Indefinite detention is feasible, we already do it for particular crimes. And like i said before, I am in favour of off-shoring our prison population to jurisdictions that are able to provide that service cheaper. We already do it for healthcare, why not prisons?

    You don't seem at all bothered by the security implications of granting someone whom the courts have deported, the right to stay.

    What will you say to victims should that person commit violent crimes?

    How about the implications of undermining our laws and courts, just because it's easier that way?



  • Registered Users Posts: 1,764 ✭✭✭ArthurDayne


    It's not really that different in the EU — aside from the fact that Europe has a much more complex geopolitical conundrum. Many irregular migrants first enter the EU over land borders or the Mediterranean, the same way as migrants first travel to Mexico to land cross into the US.

    The US has two borders. The northern one isn't problematic so their focus is concentrated on the south — bearing in mind the US is also the supreme dominant force of the Americas. It still however relies on co-operation with Mexico and has dedicated agreements in place on deportations (Mexico has a vested interest to co-operate as it has its own migration crisis).

    Europe on the other hand is the closest of the Global North to Africa and the Middle East and has a myriad of borders which include borders with countries that are hostile. We are effectively in a proxy war with Russia and Belarus — countries which have deliberately acted as conduits for illegal migration into the EU (and indeed which have literally caused the current refugee crisis here). We lack focused agreements with refugee origin countries and in some cases those origin countries have no major interest or proper administration to handle it.

    These are things which need to be looked at, but we have to first acknowledge the fact that geography deals us a pretty bad hand in Europe and it doesn't all come down to soft hearts and snowflakes.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Some people are having problems understanding how it is possible to be denied entry to a country when you arrive by plane. Here's someone telling it from their own point of view how they were denied entry to Australia (also an island) and returned by plane. This person made a mistake on his visa application but that was sufficient for him to be put on a plane home.

    So anyone who says people can't be denied entry to a country is, I'm afraid, bull****ing.



  • Registered Users Posts: 558 ✭✭✭Gussoe


    I'm pretty confident that if you snuck across the border into Vietnam, and were later apprehended, they would have no problem keeping you in detention indefinitely until you begged & bribed your way out.



  • Registered Users Posts: 1,764 ✭✭✭ArthurDayne


    Yeah but Gussoe, what do you say to the victims of people who enter countries legally and commit violent crimes, or the ones who enter via legal means under false pretenses? This also happens too right? So why aren't you in favour of the absolute shutdown of borders completely, including tourism, to mitigate that risk?

    This is the problem with the whole "what do you say to victims" gotcha narrative — you can make it apply in the reverse.

    Offshoring prisons...great...offshore them to where exactly and when do people get released?



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Still doesn't, in my opinion, justify allowing people entry who fail visa requirements or don't have a passport (I have already posted an official document asserting the immigration officer's right to refuse entry on this basis). I would have thought the justification for refusal is even greater in cases where people deliberately destroyed their passport en route when we know they needed the document to board the plane in the first place.



  • Registered Users Posts: 558 ✭✭✭Gussoe


    I feel that people illegally here and committing crimes is worse than people legally here committing crimes.

    In the former, there are 2 crimes in one: they committed crimes against someone AND they are here illegally.

    In the latter, we have more levers available to respond with. For example if the person is on a work visa from x country we can require vetting or something like that. We may also have more legal avenues for redress for victims. Since they are here legally we can probably deport them to their home countries.

    Insofar as offshoring prisons, I would aim to keep it within the EU, say Romania or some such country where the cost of living is lower. Once the prisoner serves their sentence than they are released (probably have to bring them back to Ireland to do that).



  • Registered Users Posts: 2,579 ✭✭✭MegamanBoo


    I'm assuming the person in that video agreed to return home?

    From what I can gather, when people arrive in Australia without valid documentation, and they don't agree to return home, they are placed in indefinite detention.

    But his has now been deemed unlawful by the Australian High Court.

    https://www.bbc.com/news/world-australia-67353831



  • Registered Users Posts: 7,898 ✭✭✭suvigirl


    I already did. In Ireland the International Protection Act 2015



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  • Registered Users Posts: 893 ✭✭✭Emblematic


    I think some on this thread are guilty of what is called the "Perfect Solution Fallacy". Because a particular solution, intended to solve a particular aspect of a larger problem, does not solve every aspect of the problem, it is therefore invalid.

    So for example, refusing entry to those known to have deliberately destroyed their passports on the flight into Ireland may cause an increase in those attempting to arrive at the country by boat. Therefore, they argue, we should not refuse entry to those destroying their passports or, by extension, without valid visas etc.



This discussion has been closed.
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