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Dáil Éireann debate -
Wednesday, 14 Dec 1988

Vol. 385 No. 7

Written Answers. - Alien's Case.

27.

asked the Minister for Justice if, in view of the cases of persons (details supplied) who were ordered to leave the country, but subsequently allowed to stay after representations from public representatives, he will institute a review of the procedures used by the aliens section for determining cases such as this; if he will change the system so that nobody will be deported without a judical hearing at which they could be legally represented; and if he will make a statement on the matter.

I have examined the decisions made in relation to the two persons referred to in the question and I am satisifed that these decisions were properly reached in accordance with the law.

Procedures in the aliens section of my Department are kept under continuing review in the same manner as procedures in all areas of my Department.

As regards the suggestion that we should have an appeals system the Deputy is probably aware that EC citizens to whom the European Communities (Aliens) Regulations, 1977 to 1985, apply, who are refused leave to land or not issued with a residence permit or refused renewal of a residence permit may make representations to an authority appointed by me before which the person may appeal and be heard and be represented by a legal adviser. I am not convinced that it would be in the national interest to extend similar rights to aliens from non-EC countries.

However, as the Deputy is no doubt aware it is open to a person who is refused leave to land or refused permission to remain in the State to apply to the courts for judicial review of his case.

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