Checking the legality of cross-border immigration checks  

What did PILS provide: A legal opinion through the PILS Pro Bono Register and a follow-up consultation meeting with barrister Gráinne Mellon.  

Issue:

At 499 km long, with an estimated 300 crossing points, it’s thought that 30,000 people cross the the land border between Northern Ireland and the Republic of Ireland every single day.  

Passport checks on cross-border public transport routes have been happening on the island of Ireland for years. The practice has previously been described as “oppressive, discriminatory and harmful” and an example of “blatant racial profiling” in action.  

Our NGO members CAJ have highlighted this issue on multiple occasions, issuing an official complaint to Translink in 2019. In early 2023, CAJ contacted PILS to seek fresh legal advice on the legality of these immigration stops. 

Using our Pro Bono Register service, PILS connected CAJ with Gráinne Mellon at Garden Court Chambers.  

Impact: 

As a human rights, immigration and public law expert, who is qualified to practice in Ireland, Northern Ireland and England & Wales, Gráinne was ideally placed to work with CAJ’s immigration team.  

The entire process – from application to delivery of the legal opinion to CAJ – took just 56 workdays. 

Her legal opinion – provided on a pro bono (free) basis – is now being used by CAJ to inform the next stage of their long-running campaign for change.   

The issue of cross-border checks was back to the forefront of people’s minds in spring 2024, as politicians in Dublin and London engaged in (at times a pretty unedifying) squabble over the numbers of people crossing the border to claim asylum in both jurisdictions. 

The (too-often) toxic rhetoric espoused by some political parties and media outlets on topics related to asylum emphasises just how important it is for human rights organisations to have legal clarity.  

While the renewed media attention on the issue was predominantly focused on then Irish Justice Minister Helen McEntee’s (unsubstantiated) claim that 80% of people applying for asylum in Dublin crossed the border from NI, it’s important to remember that the statistics represent real people, who deserve to be treated with dignity and respect.  

By having solid, expert advice on the legal basis for these checks, the organisations providing advice services can accurately inform migrant communities of the responsibilities and rights that they have when confronted by one of these immigration stops while on a bus or train crossing the land border in Ireland.