Tuesday, 24 November 2020

Questions (739)

Holly Cairns


739. Deputy Holly Cairns asked the Minister for Justice the rationale for the practice of international protection seekers denied leave to remain being summoned monthly to the Irish Naturalisation and Immigration Service, INIS, or the Garda National Immigration Bureau, GNIB, at Burgh Quay, Dublin 2 during level 5 restrictions to report for possible deportation; and if she will make a statement on the matter. [38523/20]

View answer

Written answers (Question to Justice)

For those found not to be in need of international protection, a detailed consideration of all aspects of their case will have been carried out before a decision is made to grant permission to remain in the State or to make a Deportation Order. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues. The person will also have been given the option of availing of assisted voluntary return to their home country.

If a Deportation Order is subsequently made, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau (GNIB). For the purpose of enforcing the Order, the person is required to present at the offices of the GNIB, either at the Burgh Quay office in Dublin, or at their local Immigration Office. They may be directed to attend at specified times on specific dates until such time as the deportation process has been completed.

The presentation arrangements can vary from case to case and may be influenced by factors like the making of necessary travel arrangements and obtaining the relevant travel documents to facilitate their return. I am advised that the GNIB is taking a pragmatic approach in relation to the enforcement of Deportation Orders during the current COVID-19 pandemic.

Section 3 (11) of the Immigration Act 1999 (as amended) also allows an Order to be amended or revoked by making a request to me as Minister for Justice.