Migration, Asylum and Citizenship Law in Ireland

Siobhán Mullally is Professor of Law at University College Cork. Cliodhna Murphy is Lecturer in Law at University College Cork. Liam Thornton is Lecturer in Law at University College Dublin.

TABLE OF CONTENTS Introduction Ch. 1 Immigration and Asylum Law in Ireland: Historical Perspectives Ch. 2 Citizenship and Nationality Law: defining 'who belongs' i. The challenge to jus soli and constitutional reform ii. An emerging right to citizenship: naturalisation and the question of who does citizenship belong to? Ch. 3 Freedom of Movement for EU nationals: rethinking borders and limits i. Free Movement Law and Public Policy: negotiating conflicting claims ii. EU Free Movement Law and the regulation of family life: Metock, marriage migration and fundamental rights Ch. 4 Third Country Nationals: Migrant workers, remedies and rights i. Entry and Residence: Precarious status, limited reforms ii. Irregular migrants, forced labour and access to effective remedies Ch. 5 On rights to family unity and European human rights regimes Litigating migrant rights claims in Ireland has led to significant jurisprudential developments, linked to both ECHR and EU fundamental rights law. Developments both at the E.Ct.H.Rts and the CJEU have prompted significant legislative and policy changes in the regulation of migrant family life, leading to challenges to established constitutional case-law, and to sweeping administrative reforms. This chapter examines the courts and legislature's complex and often tangled engagement with the evolving requirements of European human rights standards relating to migrants' family unity rights claims. Ch. 6 Legal responses to human trafficking and irregular migration A primarily criminal justice response to irregular migration, including human trafficking, has dominated legal responses to this phenomenon in Ireland. This chapter examines this turn to criminal law, and its implication for law and practice on immigration in Ireland. The limited attention given to the enactments of rights protections for trafficked persons is examined, against a background of a rush to further criminalise prostitution in the name of combating trafficking for the purpose of sexual exploitation. How this expansion of the criminal law impacts upon the rights claims of migrants, is explored, with particular reference to the positions taken on European and international human rights regimes relating to human trafficking. Ch. 7 Asylum Law and Qualifying for Protection i. The Refugee Definition: legislative and jurisprudential developments ii. Qualifying for subsidiary protection: defining serious harm iii. The rights of refugees and beneficiaries of subsidiary protection: 'near equality'? Ch. 8 Access to Protection: navigating protection procedures i. The Protection application process ii. Assessing credibility: 'difficult to believe' iii. Accessing asylum and subsidiary protection: exclusion, removal, deflection Ch. 9 The rights of asylum seekers and protection applicants i. Socio-economic rights and reception conditions ii. Separated Children Seeking Protection: welfare, best interests and risk Introduction Ch. 1 Immigration and Asylum Law in Ireland: Historical Perspectives Ch. 2 Citizenship and Nationality Law: defining 'who belongs' Ch. 3 Freedom of Movement for EU nationals: rethinking borders and limits Ch. 4 Third Country Nationals: Migrant workers, remedies and rights Ch. 5 On rights to family unity and European human rights regimes Ch. 6 Legal responses to human trafficking and irregular migration Ch. 7 Asylum Law and Qualifying for Protection Ch. 8 Access to Protection: navigating protection procedures Ch. 9 The rights of asylum seekers and protection applicants Ch. 10 Enforcement: Detention, deportation and removal