Applications to the High Court for review of asylum decisions more than doubled last year as the Department of Justice steps up the processing of claims for international protection.
There were 779 applications to the High Court in 2023 for a review of asylum decisions, a 132 per cent increase on the previous year, according to the latest annual report of the Courts Service. The number of asylum decisions that were the subject of judicial review applications exceeded all other types of applications, according to the 2023 report, with 779 new asylum cases as against 627 new applications involving other types of decisions. A judicial review application is a request to the High Court that it review a decision made by a person or body performing a public function.
The sharp rise in the number of asylum review applications appears to be linked to the increased number of decisions being made by the Department of Justice, according to the Courts Service report. Four-hundred-and-six asylum judicial review cases were resolved by the High Court during 2023. Most of the applications resolved (368) are categorised as involving “miscellaneous” orders rather than orders granting (seven) or refusing (two) the relief sought.
The Surge in Asylum Cases: A Reflection of Ireland's Growing Refugee Crisis
The dramatic increase in asylum applications to the High Court reflects a broader trend: Ireland is facing an unprecedented surge in international protection applications. This influx has strained the Irish asylum system, leading to longer processing times and a backlog of cases. The rise in appeals to the High Court suggests that many asylum seekers are not satisfied with the initial decisions they receive from the Department of Justice. The High Court's role is to ensure that the Department's decisions are fair and legally sound.
International Protection: A Right and a Responsibility
The right to seek international protection is enshrined in international law. However, the Irish government, like many other governments, faces challenges in managing the growing number of asylum applications. The government needs to balance the need to protect those fleeing persecution with the need to ensure that its asylum system is fair and efficient.
Beyond Asylum: A Look at Other Trends in the Irish Courts
While the surge in asylum appeals has dominated headlines, the Courts Service report highlights other significant trends in the Irish legal system. In the area of crime, the report shows a continuing fall in the number of cases coming to court for a wide range of offenses, with the overall number of new cases involving more serious crime dropping to 19,569 in 2023, from 21,024 the previous year. At District Court level new drugs cases (29,809 in 2023) have fallen by 10.5 per cent over five years, while larceny/fraud and robbery (33,829) have fallen by 10 per cent over the same period, according to the service. New road traffic cases (170,839) have fallen almost 25 per cent over five years while new sexual offences (3,211) have fallen 11 per cent on the 2019 level. New public order and assault cases in the District Court last year (43,750) were down 9 per cent on the 2022 figure.
A Rise in Domestic Violence Cases
In contrast to the trend in relation to crime, the number of applications in the District Court for barring, safety and protection orders under domestic violence legislation was up last year. There were 25,570 such applications, up from 23,356 the previous year. Over the five years the number of such applications has risen 25 per cent. This increase underscores the urgent need for the Irish legal system to continue addressing the issue of domestic violence.
The Courts Face Growing Pressure: Meeting the Challenge
The Courts Service report underscores the growing workload faced by the Irish courts. Overall there were 550,000 new cases lodged in the courts in 2023, of which almost 180,000 were in the civil courts, up from 170,000 in 2022. The number of new High Court cases was 17,346, an increase of almost 8 per cent. The number of injunctions sought was up considerably (to 326 from 188) while the number of new recovery of debt cases rose to 20,492, from 17,291 in 2022. The report also notes that the appointment of 24 new judges during 2023 will ultimately bring the total to 217. However, the growing volume of cases, particularly in areas like asylum appeals and domestic violence, poses a significant challenge for the Irish legal system.
The Irish courts, facing an increasingly complex and challenging legal landscape, are committed to providing access to justice for all. The appointment of new judges and the ongoing efforts to modernize and streamline court processes are crucial steps in addressing the growing workload and ensuring that the courts can continue to deliver on their vital mission.
A Call to Action: Addressing the Surge in Asylum Applications
The surge in asylum applications to the High Court is a clear signal that Ireland needs to address the challenges of its asylum system. This includes streamlining the processing of asylum applications, ensuring fair and timely decisions, and providing adequate support for asylum seekers throughout the process. The Irish government, working with NGOs, human rights organizations, and international partners, must find sustainable solutions to ensure a compassionate and just approach to international protection.
