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Deportation Orders

Dáil Éireann Debate, Thursday - 10 December 2020

Thursday, 10 December 2020

Questions (10)

Bríd Smith

Question:

10. Deputy Bríd Smith asked the Minister for Justice if her office will allow deportations of failed applicants for international protection to take place during the Covid-19 crisis or if a halt to deportations only applies to level 5 restrictions; and if she will make a statement on the matter. [42528/20]

View answer

Oral answers (7 contributions)

I greatly welcome the indication the Minister gave yesterday in the Seanad that no deportations would be allowed during the pandemic. My question might seem a bit redundant, but I ask her to reiterate the Department's intention regarding those who have received letters. I put particular emphasis on the cases off the two care workers that I have raised with the Minister repeatedly. What do they need to do next? I acknowledge that Minister has given me written answers. What are their next steps? Should they make an appeal directly to the Minister? What is the position of deportation?

I wish to reassure the Deputy and repeat what I said yesterday that my Department has taken and will continue to take a pragmatic approach and most importantly a compassionate approach to immigration arrangements in the context of Covid-19. The approach to deportation orders will continue for the duration of the Covid-19 pandemic.

A decision to suspend the issuing of negative international protection decisions during level 5 restrictions had already been taken and this remains in place. Under the International Protection Act 2015, a person receives a letter informing him or her of his or her negative international protection decision and informing that person that he or she no longer has permission to remain in the State. The person is required to confirm within five days whether he or she will accept the option of voluntary return. It is important to note the person is not required to remove him or herself from the State within five days.

For the duration of level 5 Covid-19 restrictions, I asked my officials to review the issuing of letters. No refusal letters or letters enclosing a deportation order have issued to anyone who has been unsuccessful in seeking international protection since.

Since the outbreak of Covid-19 in March 2020, there have only been four cases where individuals have been deported from the State. Three of those cases arose from deportation orders issued prior to March 2020. For the one case where the deportation order was issued since March 2020, that person was returned to their country and was not a failed international protection applicant.

For those found not to be in need of international protection, a detailed consideration is always given to all aspects of their case. This must be carried out before a decision is made whether to grant permission to remain. While I will not go into details of individual cases here, there is a very clear process. I urge anybody applying through that process to provide as much detail as possible. All considerations are taken into account - family situations, work situations, humanitarian situations and their country of origin. All this detail is really important. When making an appeal, including in the cases the Deputy has mentioned, such people should provide all that information along with any new information that may have come to light that might not have been taken into account in the initial response.

I thank the Minister; that is very helpful. Just before I came in here, I spoke to two care workers who have received deportation orders. Their concern now is that one of their work permits has expired and the other will expire in the next couple of weeks. That does not help us because it means that two care workers who could be doing very useful and vital work during the pandemic are unable to because they do not have work permits. They cannot apply to extend their work permits because of the refusal of leave to remain they have received. It is complex and it is hard for me to know how to advise them. Based on what the Minister has just said, I take it that they should make an appeal, reiterating and outlining all the circumstances they have faced and are facing, along with the details of the basis for appeal. I take it that the Department will look favourably on that, particularly in the case of care workers, artists and other people who make a contribution to our community.

As the Deputy outlined, we are in a very difficult and complex situation. Taking one action can potentially have an impact in another space. It is really important to have joined-up thinking and provide as much reassurance to everybody who is impacted by this. I can speak to the Deputy separately about the individual cases. We want to reassure people that they will not be deported throughout this pandemic. The figures show that this is the approach we have taken from the outset. Where there are complex and difficult cases, I encourage people to continue to engage with the relevant agencies and the Department. As the Deputy noted, situations change and different scenarios arise. Until we are made aware of them, it is hard to respond in great detail. Where situations change or difficult scenarios arise, we will try to work with them to find the most appropriate response we can and to respond in the most compassionate way we can.

We are out of time, but Deputy Bríd Smith can make a brief comment.

I welcome what the Minister said. I will ensure that these issues are followed up. Ultimately, the pandemic may spike and subside here and in other countries, but if these are the conditions under which people are allowed to remain, then the deportation orders are like a sword of Damocles hanging over them. It is a tragedy and a pity. These are human beings who have a huge contribution to make to our society. In the end, this needs to be resolved outside the context of this Covid-19 crisis, because we do not want to lose valuable workers and people from our society and push them back to some place where they do not feel safe. That is a wider philosophical and long-term question, but it is important that we take it into account. If we are just relying on the conditions caused by the Covid-19 crisis for them to be allowed to remain, then this is still a very stressful factor in the lives of those concerned. What the Minister said, and said emphatically, is welcome but there is still a problem for these people in the long term.

We have a robust system in place. At the same time, it is a system and ,like any other, it can always be improved. That is part of a wider discussion and engagement which may need to take place after this. I reiterate my comments from yesterday to the effect that we will continue to take the same compassionate and pragmatic approach we have taken throughout this pandemic. I give that reassurance. I also stress something else I said yesterday. We are rolling out a new vaccine programme and I wish to state, on the record, that no information provided by anyone who comes forward will be passed on to any type of immigration service or otherwise. It is important that people come forward and get this vaccine, and that includes those going through the international protection system as well.

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