More than 220 people have been charged for arriving into the State without a passport or for failing to produce one, and more than 80 imprisoned since the start of the year, figures from the Courts Service show.
The data, provided to The Irish Times, shows up to September 15th a total of 227 people were before the courts charged under sections 11 and 12 of the Immigration Act 2004. Between them they faced 232 charges and courts made 238 orders, including 84 custodial sentences.
Depending on where arrested, they were imprisoned in either Cloverhill in Dublin, Limerick or Cork prisons. From prison they can apply for asylum or begin their asylum application on release – typically after two or three months.
Chris O’Donoghue, head of operation with the Border Management Unit (BMU), said people are boarding flights to Ireland with fake passports having been told by traffickers to destroy them on arrival. Asylum seekers have told The Irish Times they were threated with their families being harmed if they failed to destroy their documents.
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Mr O’Donoghue said: “They’re essentially being advised to [destroy their passports] by the people who are facilitating the travel on the other side. These are criminal gangs that are operating the distribution of false documents.
“They are telling people when you travel to Ireland that if you destroy your document on board the aircraft you are more likely to be able to stay in that country and proceed with your asylum application.”
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Since the start of 2024 the BMU has referred more than 40 cases of suspected human trafficking to the Garda National Immigration Bureau (GNIB). The Irish Times understands 17 of these have so far led to the arrest and charge of people for people-smuggling offences.
These related to the smuggling of 27 people through Dublin Airport. Other referrals are currently under GNIB investigation.
Additionally, one such referral resulted in the arrest of an individual in another EU member state, who is alleged to have smuggled more than 30 people into Ireland.
Courts Service’s data shows since January 107 people were before the courts for landing in the State without a passport, of whom 53 were imprisoned; 116 faced charges of failing to produce on demand a passport of whom 31 were imprisoned, and, four with charged with failing to produce an asylum card.
In addition to the 84 sent to prison, 49 had the charges struck out, 18 were ordered to make a payment to the poor box and 10 received fines. Five received suspended sentences and five charges were dismissed. Other orders included probation, peace bond and having factors “taken into consideration”.
A Department of Justice spokesman said: “If an individual [arriving with no passport] indicates as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations.
“In the case of a person that has been convicted and received a custodial sentence they may have already made an application for international protection or they can make an application for from prison.
“Upon release they are treated in the same manner as other international protection applicants. Any person that has not made an application for protection is illegal in the State and can be arrested pending removal from the State.”
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