Deportation Orders

Dáil Éireann Debate, Thursday - 6 February 2014

Thursday, 6 February 2014

Questions (130)

Joe Higgins

Question:

130. Deputy Joe Higgins asked the Minister for Justice and Equality his views on the process of verification of deportation orders prior to them being issued; the process in place for revoking orders should information be supplied that indicates there was an error made in issuing an order; and if he will make a statement on the matter. [5911/14]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that in every instance where a Deportation Order is made, due process is followed. First of all, a person against whom it is proposed to make such an Order is notified in writing of that proposal, the reason(s) for the proposal and of the options open to him/her as a result. Such options will invariably be to leave the State voluntarily, to consent to the making of a Deportation Order or to submit written representations setting out reasons as to why a Deportation Order should not be made.

All written representations submitted, together with all documentation on file, will be fully considered under all relevant headings before a final decision is made, with any such decision being to make a Deportation Order or to grant permission to remain in the State. No further verification process is carried out given the requirement to have regard for all documentation on file, as well as all legal obligations, both domestic and international, before such a decision is made.

Where a person the subject of a Deportation Order wishes to apply to have that Order revoked, the provisions of Section 3 (11) of the Immigration Act 1999 (as amended) provide a legal mechanism under which such an application can be made. All such applications are considered on their individual merits with all information and documentation submitted in support of the application being considered in great detail before a decision is made to revoke or to affirm the existing Deportation Order.

In circumstances where a Deportation Order is made in error, immediate steps are taken by the Irish Naturalisation and Immigration Service to have the Order revoked and the person the subject of that Order is advised of the revocation decision. Given the serious, immediate and long-term, consequences for the person involved, the Deputy will appreciate that any decision to make a Deportation Order is not made lightly. Such a decision is made only after all relevant factors have been considered in great detail, having regard for all legal obligations, both domestic and international.