Surge in judicial reviews taken by asylum seekers as Government ramps up deportations

A total of 275 cases involving international protection have been decided during the past three years.

There has been an explosion in the number of judicial reviews taken against the State by asylum seekers, many of them fighting decisions that could lead to deportation.

The number of cases has tripled in the space of three years, while legal costs have multiplied by a factor of six.

Figures from the Department of Justice show there were 175 judicial reviews taken last year in asylum cases.

That was up from just 57 in 2023 and 82 in 2024, as the department ramps up deportation operations.

Costs involved have also risen sharply, with the department spending €2.4m on judicial review cases last year.

That rose from just €388,760 in 2023 and €1.8m in 2024, but provides only a partial picture of spending on asylum law.

The department’s own legal costs are paid directly by the Chief State Solicitor’s Office and were not included in the data.

A department information note said: “There has been an increase in legal costs for a range of reasons, including a higher number of [international protection] applications and decisions, complexity of decision-making, volume of litigation, compliance with court judgments and increased settlement costs.” 

A total of 275 cases involving international protection have been decided during the past three years.

Of those, one case was dismissed and in six cases, the applicant was successful.

There were nine cases where the minister for justice successfully defended a decision, and 52 judicial reviews that were withdrawn.

A further 44 cases were struck out with no order for costs, while 41 cases were struck out with an order for the asylum seeker’s costs to be paid.

The largest number of cases — 109 in total — were listed as “settled post-leave”, while 13 were categorised as “settled pre-leave.” 

“In addition, the department has increased in-house legal expertise to provide on-demand advice to decision-makers and advice on cases of concern,” the information note said.

“A dedicated legal helpdesk provides decision-makers with structured access to legal expertise.” 

The possible rise in court proceedings in the international protection system had been flagged by the Department of Justice ahead of last year’s budget.

In discussions, the International Protection Office said “exceptionally high levels of litigation” could be expected as it dramatically sped up the time it takes to deal with applications for refugee status.

The IPO said the higher number of negative decisions and deportations would inevitably lead to a surge in judicial reviews.