Dáil Éireann Debate, Tuesday - 6 November 2018
404. Deputy Robert Troy asked the Minister for Justice and Equality his views on the fact that it is taking up to two years for immigration services to make a decision on applications under section 3 of the Immigration Act 1999; his views on whether this is an excessive amount of time to decide on such cases; and if he will make a statement on the matter. [45037/18]
View answerConsiderations under Section 3 of the Immigration Act 1999 arise in a wide range of circumstances and require detailed consideration before a final decision is made as to whether a deportation order is made or leave to remain is granted. Sometimes this comes at the end of an earlier process whereby an application for one form or another of immigration permission has been considered and not granted. Other considerations under Section 3 arise when persons have been found to be in the State illegally and have never engaged with the immigration authorities as required by law.
Before any decision is made, a detailed consideration of all aspects of the case is carried out. Written representations can be made and a full consideration is carried out as prescribed in section 3(6) of the 1999 Act. This includes: the age of the person, the duration of their residence in the State, their family and domestic circumstances, the nature of their connection with the State, if any, their employment (including self-employment) record and employment (including self-employment) prospects, their character and conduct, including any criminal convictions, any humanitarian issues associated with their case, the common good and considerations of national security and public policy.
This detailed consideration must also include an assessment of that person’s right to a family and a private life, as provided for under Article 8 of the European Convention on Human Rights (ECHR), and regard must be had for the constitutional rights of any Irish citizens directly associated with the case. A refoulement consideration must also be carried out, essentially to consider the safety of returning the relevant person to their country of origin, having regard for the political and human rights conditions prevailing in that country of origin at the material time. Only after all these matters have been considered, and evidence-based conclusions drawn, can a final decision be made.
The Deputy will appreciate that no two cases of this nature will be the same in terms of their complexity and accordingly the duration of processing times will vary. The Irish Naturalisation and Immigration Service (INIS) give precedence to certain case types to ensure that, insofar as it is possible to do so, the cases requiring priority attention are given such attention. This includes cases requiring early and humanitarian attention.
Given the life-changing consequences for the persons impacted by these decisions, it is essential that the correct and appropriate decision be reached in each case rather than a quick decision be made to satisfy a particular processing time-frame. Obviously, it is the objective that all cases are processed as quickly as possible and in that regard, I can advise the Deputy that well over 1,000 such cases are decided upon each year. This forms just part of the overall caseload of INIS who process in the region of 250,000 cases each year.
