Thursday, 11 February 2021

Questions (243)

Bernard Durkan


243. Deputy Bernard J. Durkan asked the Minister for Justice if an appeal will be reinstated in the case of a person (details supplied) notwithstanding the most recent decision in their case; if their appeal will be reinstated and the deportation order reviewed in view of the fact that they have been in this jurisdiction for many years and were employed under stamp 4 until the Covid-19 lockdown; and if she will make a statement on the matter. [7804/21]

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Written answers (Question to Justice)

The immigration case of the person concerned was considered under section 3(6) of the Immigration Act 1999 (as amended), which resulted in a Deportation Order being made in respect of them on 24 February 2020. Notification of that Order was issued by registered post dated 19 August 2020. That communication also advised the person concerned of the requirement that they attend at the Offices of the Garda National Immigration Bureau (GNIB) on 19 September 2020, to make arrangements for their removal from the State. I am advised that they failed to do so.

A detailed consideration of their case to remain in the State is carried out before a decision is ultimately made to grant permission to remain in the State or to make a Deportation Order. That consideration includes a full consideration of their private and family rights, as enshrined in the European Convention on Human Rights, as well as any humanitarian issues advanced in support of the case to remain in the State.

Where a Deportation Order is made, section 3 (11) of the Immigration Act 1999 (as amended) provides a mechanism under which the person named on the Order can make a request to have that Order revoked. It is open to the person concerned to make such a request if they can point to new facts or circumstances relating to their case which were not considered, nor were capable of being considered, when the decision to make a Deportation Order was taken.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.