PQ: Deportation Orders Re-examination

Tue, January 31, 2017

108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which appeals in the cases of decisions to deport and subsequent appeals have been successful in each of the past three years to date; and if she will make a statement on the matter.

Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald): I wish to inform the Deputy that like all countries Ireland is required to manage immigration into the State and, where appropriate, to deport people who do not have a right to be here. A decision to deport a person is never taken lightly. Only persons who are illegally present in the State fall within the scope to be considered for deportation.

It should be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.

One of the aforementioned avenues of appeal is to apply to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act 1999, as amended. However, this option is only applicable if there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on the particular case. It should be borne in mind that such an application requires substantial grounds to be successful.

Statistics are not maintained in relation to the number of successful appeals pursuant to the provisions of Section 3 (11) of the Immigration Act 1999, as amended.