OVER ONE HUNDRED people have been charged for failing to present valid passports or IDs when they enter the State in the first five months of the year, new figures have shown.

Figures provided by An Garda Síochána show that 113 people were charged in relation to presenting fraudulent or no documentation on arrival to Ireland between 1 January and 31 May 2024 as part of operations by the Garda National Immigration Bureau (GNIB).

In March, The Journal reported that 34 people had been prosecuted for landing in the State without possession of a valid passport in the first two months of 2024, contravening Section 11 of the Immigration Act, 2004.

This figure has now more than tripled in the following three months, representing a sharp rise in the number of prosecutions sought.

While the requirement to carry a valid passport when entering the State has long been the law of the land, it has previously not been enforced as rigorously as it appears to be now, with An Garda Síochána stating that no charges relating to not having a valid passport had been brought in either 2022 or 2023.

Alarm and Concern

The sharp rise in prosecutions has prompted alarm and concern from migrant rights groups.

Nick Henderson, Chief Executive Officer of the Irish Refugee Council told The Journal the increasing arrests and prosecutions was very concerning, citing the “several legitimate reasons” people may arrive in Ireland without documents.

“It may be impossible to obtain travel documents in a conflict situation where operations could have been suspended, or they may fear attending the offices to seek a passport believing it could put their lives at risk”, he said, adding “it is very difficult for a person from a refugee-producing country to get a visa”.

Henderson questioned the rationale behind the prosecutions, saying “if a person is prosecuted, convicted, and sentenced, they still have every right to apply for protection”.

He also told The Journal that Syrian, Somali and Sudanese people are among those who have been prosecuted, countries which are on the International Protection Office’s prioritisation list “because applications from these countries are likely to be well founded”.

“It is unclear therefore what the purpose of these prosecutions are”, Henderson continued, “and it is hard not to conclude that they are an attempt to reduce protection applications in Ireland by criminalising an attempt to flee persecution”.

The Movement for Asylum Seekers in Ireland (MASI) also told The Journal it was “alarming to see people being jailed for not having a travel document due to the complexity of the asylum process”.

“If you were running from authorities in your country, you would not be expected to go to the same authorities to apply for a passport so that you can run away from them”, Bulelani Mfaco, a spokesperson for MASI, added.

“From our experience, asylum seekers who travel with fake passports or no passport declare that to the International Protection Office in the questionnaire that is used to assess their asylum claim”, Mfaco continued.

“And many people who came to Ireland through the asylum process with fake or no travel documents were never detained and are Irish citizens today”.

Liam Herrick, Executive Director of the Irish Council for Civil Liberties also expressed concern with the rise in prosecutions, citing the United Nations 1951 Refugee Convention “which says that a person must not be penalised for arriving in a country to seek asylum without authorising documents”.

Herrick added “in cases we have observed in recent months, people have been imprisoned for periods between two and six months. Some people have been fined. People have been held on remand after being charged, contributing to prison overcrowding before and after they come before the courts”.

“Ultimately”, he continued, “this policy does not prevent anyone from being able to apply for international protection. It merely adds to overcrowding in our prisons, is a drain on already stretched resources in the criminal justice system and criminalises people seeking protection in our country”.

A Department of Justice spokesperson told The Journal that prosecutions for not having a passport is a matter for Gardaí and the Director of Public Prosecutions, adding “a person entering the jurisdiction is required to carry appropriate documentation. It is a criminal offence to not have the appropriate documents”.

The spokesperson also said “the Minister and Government have been consistent in their assertion that those who are in need of international protection should get it and get it quickly, and that those who don’t should receive decisions on their applications quickly and return to their country of origin if they do not have a legal basis to remain in the State. Upholding that assertion depends on an immigration system that is firm but fair”.

The Director of Public Prosecutions and An Garda Síochána were also contacted for comment.

Clamping down

A range of additional measures aimed at clamping down on undocumented arrivals have been implemented this year, including increased funding for the Garda Airport Liaison Officer programme, Border Management Unit (BMU) and International Protection Office.

Earlier this week, Minister for Justice Helen McEntee announced an increase in fines for airlines and ferry companies that fail to comply with their obligations to ensure passengers have appropriate travel documentation.

The maximum fine has increased from €3,000 to €5,000 with the Department of Justice saying the change brings Ireland closer to penalties imposed by other European nations and maintains the effectiveness of the fines.

There have also been more 4,500 doorstop operations carried out by the BMU and GNIB at airplane doors targeting those destroying documents inflight.

These measures, the Minister has said, have contributed to a reduction in the number of passengers arriving at Dublin Airport without the correct documentation, adding that further measures will follow at a later date.