Dáil Éireann Debate, Tuesday - 10 November 2020
590. Deputy Joe Flaherty asked the Minister for Justice her plans to reverse notice served on the many new Irish persons who on 30 October 2020 were advised by INIS of the rejection of their appeals for leave to remain, in particular a person (details supplied). [34598/20]
View answerOur objective is to have decisions on international protection applications and permission to remain considerations made as soon as is possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security. For those found not to be in need of protection, we can offer them assistance to return to their home country. This objective of timely decision-making is shared by the Expert Group led by Dr. Catherine Day, whose Report Minister O’Gorman and I published very recently.
During the early stages of the pandemic, it was decided to issue only positive recommendations from the International Protection Office. This was to ensure that applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which to make an appeal or to request a review of a refusal of permission to remain. As substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions has not increased, there has been a build-up in the issuing of such decisions, with a higher volume than normal issuing in recent weeks.
The letter referred to by the Deputy is sent to inform the relevant person of their negative international protection decision and to also inform them that they no longer have permission to remain in the State. They are required to confirm within five days if they will accept the option of voluntary return, for which my Department will provide assistance. If they do not confirm that they will leave voluntarily, a deportation order will be made against them.
The five day timeline is set down in primary legislation so must be adhered to in official correspondence. However, I understand a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days – they are required to indicate an intention to do so. Obviously, the time taken for voluntary return arrangements to be made will take into account all factors, including Covid-19 based restrictions and the limitations to travel this has created. That said, I do accept that particular issues arise with Level 5 restrictions. As a result, I have asked my officials to review the process of issuing such letters for its duration.
The Catherine Day Expert Group Report has recommended that the five-day period for deciding whether to exercise the voluntary return option should be extended to 30 days and that children and students be allowed to finish the school year before departure. This, along with all other recommendations relevant to the work of my Department, will be actively considered by a Programme Board I have established for this purpose. Their work will feed into the development of the White Paper by the end of this year, in line with the Programme for Government commitment.
Section 3 (11) of the Immigration Act 1999 (as amended) allows a Deportation Order to be amended or revoked by making a request to me as Minister for Justice. I encourage people to be as detailed as possible in their representations to me and my Department so that we can make fully informed decisions at the appropriate time.
