Dáil Éireann Debate, Thursday - 10 December 2020
346. Deputy Joe Flaherty asked the Minister for Justice the status of plans to review the process of issuing rejection letters to international protection applicants while level 5 restrictions remained in place; and if she will make a statement on the matter. [42422/20]
View answerI would firstly like to assure the Deputy that my Department has consistently adopted a pragmatic approach in relation to immigration arrangements in the context of COVID-19. The pragmatic 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 them of their negative international protection decision and informing them that they no longer have permission to remain in the State. They are required to confirm within 5 days if they will accept the option of voluntary return, for which my Department will provide assistance. The person is not required to remove themselves from the State within 5 days, they are merely required to give an indication of their intentions.
For the duration of Level 5 Covid-19 restrictions, I asked my officials to review the issuing of the letters; and no refusal letters, or letters enclosing a deportation order, have issued to anyone who has been unsuccessful in seeking international protection since.
I wish to add that, since the outbreak of COVID-19 in March 2020, there have only been four cases where a person was deported from the State and three of those 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 Brazil and was not a failed international protection applicant.
In terms of 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.
If a Deportation Order is subsequently made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. In making a revocation request a person can raise new or changed circumstances in their case including in relation to their country of origin. I encourage people to be as detailed as possible in their representations to me and my Department so that fully informed decisions can be made at the appropriate time.
