Dáil Éireann Debate, Tuesday - 15 September 2020
618. Deputy Catherine Murphy asked the Minister for Justice the number of persons born here who have been deported as per the Constitution Act 2004 since its enactment in tabular form; the grounds for deportation; the countries to which the persons have been deported; the age of the persons at the time of deportation; and if she will make a statement on the matter. [24066/20]
View answerThe Immigration Service of my Department advises that the statistical information sought by the Deputy is not available. When a new immigration record is being created, the Immigration Service does not, as a matter of course, record the relevant applicant’s place of birth. As a result, there is no available record of the number of children born in Ireland who are in any immigration process at the present time, or indeed have previously been in an immigration process in the State. The applicant’s country of nationality will, however, be captured in every individual case.
The issue of whether or not a child was born in the State will be identifiable and can be duly considered when the individual immigration case is being substantively considered at decision-making stage. At that point, any issues around a child’s birth in the State, the degree to which they have integrated in the State etc. can be given appropriate consideration before a final decision is arrived at.
A Deportation Order can be made under either section 3 of the Immigration Act 1999 (as amended) or under section 51 of the International Protection Act 2015. Section 3(2) of the 1999 Act sets out the categories of person in respect of whom a Deportation Order may be made, section 3(3) sets out the procedure to be followed in any such case while section 3(6) sets out the matters which I am obliged to consider before such an Order can be made. In the context of the International Protection Act 2015, section 51(1) of that Act sets out the circumstances under which a Deportation Order shall be made.
The Deputy can be assured that a decision to make a Deportation Order will not be taken until all matters requiring to be considered have been fully considered under all applicable headings and legislation.
