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Dáil Éireann debate -
Tuesday, 28 Nov 2000

Vol. 526 No. 6

Dublin Airport Immigration Procedures.

I thank the Minister for Justice, Equality and Law Reform for making himself available to respond to this important debate.

Yet another shameful episode raises serious questions about our treatment of those trying to enter the country, especially from certain parts of the world and about the regime which operates in our name at Dublin Airport. A group of seven Pakistani businessmen arrived in Dublin Airport with passports in order, visas issued by the Irish consulate in Karachi, a letter from the company whose equipment they were coming to inspect, return air tickets to Pakistan and adequate cash to sustain them during their sojourn in this State. They had complied with all lawful requirements. They had done everything by the book yet they were refused entry and subjected to the ordeal of spending three days in the training unit of Mountjoy Prison.

Had a group of Irish businessmen been treated in this way in any state, for example Pakistan, there would have been outrage with angry statements from Members and Ministers and protests to the Pakistani ambassador. The refusal to allow the group to enter the country may have been lawful within the most narrow and technical definition but it was not just. The group may well pursue their right to seek compensation through the courts for their appalling treatment but, regardless of legal rights, common decency and good manners suggest that they are at least entitled to a public apology. I invite the Minister, as the person with political responsibility to this House and this country for immigration matters, to proffer that apology to the seven men concerned.

If this were a once-off occurrence, one might be willing to dismiss it as a terrible mistake, but unfortunately it seems to be part of a pattern which suggests that the policy for dealing with those trying to enter this State from certain parts of the world is at best cold and insensitive and at worst cruel. What I and the Minister know is that a similar delegation arriving from, say, New Zealand or Australia with the same level of documentation and information would not, by any stretch of the imagination, have ended up in Mountjoy Jail. That is an undeniable and appalling fact.

We simply do not know how typical this particular case is but we know it is not unique. My colleague, Deputy De Rossa, raised in this House last June the case of a Japanese woman coming to Ireland for Bloomsday who was held incommunicado at the airport. Earlier that month, the Polish counsel was reported to have protested to the Department of Justice, Equality and Law Reform about the treatment of seven Polish nationals who were refused admission. These cases may well represent the tip of the iceberg. We do not know how many people have been held on arrival and sent straight back on the next available flight. We do not know how many people were held in Mountjoy and because of language difficulties or because they did not know about our legal system were not in a position to seek the legal remedy sought in this case.

A number of procedural changes must be introduced given what has now happened. Where it is intended to refuse admission to a citizen of a country where there are resident diplomatic relations here, the very minimum that is required is that the ambassador or counsel of the country in question is informed of the refusal. Apart from any other consideration, a diplomat may be able to assist in differentiating between bona fide travellers and others who may be attempting to enter illegally. There should also be an automatic provision of legal advice before anybody is refused. The Legal Aid Board should be given the resources to provide an on-call solicitor in such cases. It should not be left up to the individual who may know nothing of the Irish legal system or where or how to go for help.

Where does one start when one does not even know the name of a solicitor? In the case of this Pakistani group, people will have heard Mr. Niazi, who is very familiar with Ireland, describe on RTE this morning how he had to phone dozens of solicitors before he got one willing to act on his and his groups behalf. This should be provided automatically. If the immigration officers are acting legally and reasonably, then they have nothing to fear from the provision of the services I have now demanded.

I thank Deputy Howlin for raising this matter. It is important that I preface my remarks this evening by pointing out that the question of costs in the proceedings taken in this case has been adjourned to enable both parties to present further affidavits. The group of persons refused entry will provide an affidavit within one week and the State is to respond within a further week. The Deputy will appreciate, therefore, that my remarks must be such as to not prejudice the court's fair consideration of these matters.

The position is that the immigration authorities in this instance came to the conclusion that the group planned to travel to Northern Ireland without the necessary authorisation. The group had completed landing cards giving a Northern Ireland address, had no accommodation booked in Dublin and had open return tickets. Although two of the group had visitor visas for the UK, the others had no authorisation whatsoever in relation to entry to the UK. The immigration authorities contacted the Tyrone-based firm which had issued the invitation and which had undertaken to be responsible for the group's arrangements while in the State. The firm confirmed that it was expecting the group but had not made definite arrangements to meet it as yet. The immigration authorities were satisfied that the group intended to travel to Northern Ireland. They were refused entry on that basis under the Aliens Orders and detained in the training unit, Glengariff Parade, pending their return on Sunday, the next available routing.

It is important to note that the possession of a visa does not guarantee entry, although failure to have one, if required, is grounds for refusal, and this is made very clear in the information provided with the visa application form. All non-EEA nationals, whether visa required or not, require leave to land upon arrival and in this case the group in question failed to satisfy the immigration authorities that they should be landed.

Following an ex parte application on Saturday, the High Court made a number of orders in respect of the group, including an injunction restraining their removal and an order requiring them to be presented in court on Monday to inquire as to the legality of their detention. Following the hearing in court on Monday, the seven concerned were released from custody by agreement between both parties on foot of certain undertakings given by their legal representatives and on the basis of the additional information which was provided and which had not been available to the immigration authorities the preceding Friday. As I have said, the court is to consider the question of costs further and I should emphasise, made no orders in so far as the decision of the immigration authorities was concerned.

Turning to the more general issues raised, one would be forgiven for concluding from some of the public comment on this issue that immigration procedures in Ireland operate in an indiscriminate, paranoid or even racist fashion. The reality is that a tiny proportion of all passengers are refused entry to the State and that every effort is made to minimise the inconvenience to genuine travellers. In this regard, Irish immigration procedures operate in a manner not dissimilar to those which apply in many other jurisdictions.

Experience, however, tells us that checks are very necessary. Many of the persons who enter the country illegally, including in order to claim asylum, come through normal port and airport routes often with false papers or under the pretence that they are genuine tourists, students or business visitors. The State relies on the vigilance of immigration officers, often dealing with extremely large workloads, to intercept such persons and to prevent our immigration controls from being undermined. These are not new developments and the State has, under successive Governments, always applied controls of this nature in the public interest.

None of them relevant to this case.

In the past fortnight alone we are aware that business visas have been abused by two separate alleged business groups from China and Pakistan, respectively. In both instances, we became aware that the groups were not genuine when the companies which had invited them contacted us following their failure to appear as arranged. It is also not unheard of for some members of a group to be bona fide but for others, who are not bona fide, to be brought along in exchange for payment.

In the less immediate past, most people will recall the abuse of the visa system by a bogus Romanian choir last year as well as the abuse on an enormous scale by a supposed film production company in order to smuggle Indian nationals into the UK a month ago. Less high profile abuse takes place an a day to day basis – for example, by persons purporting to be students only to immediately disappear into the black economy either in Ireland or the United Kingdom. The reality is that a certain amount of abuse will also, inevitably, go undetected.

Advice is, however, available for genuine travellers from outside of the European Economic Area who wish to ensure that they clear immigration quickly. Such advice includes being in possession of the necessary funds, having firm accommodation arrangements and definite return flight plans. It is also advisable in cases of business visitors for the inviting company to send a representative to the airport to meet their guest and to assist in whatever inquiries need to be made.

No American will end up in Mountjoy Jail.

In the overwhelming majority of instances, clearance will be an entirely straightforward process.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 29 November 2000.

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