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Immigration Policy

Dáil Éireann Debate, Tuesday - 1 February 2022

Tuesday, 1 February 2022

Questions (596)

Peadar Tóibín

Question:

596. Deputy Peadar Tóibín asked the Minister for Justice if immigrants to Ireland are checked for previous criminal records; if immigrants from the European Union or outside of the European Union are allowed by the State to stay in Ireland in cases in which they have found guilty of a crime, in particular a violent crime; if not, if they are returned to their home country; and the number of European Union and non-European Union immigrants who have been sent home to their home countries in each of the past ten years for having a criminal record or having a history of violent or sexual assault. [4389/22]

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Written answers

I can advise the Deputy that EU citizens do not require a visa to travel to Ireland and may reside freely in any EU Member State. Furthermore, EEA and Swiss nationals are not required to register with immigration authorities.

Not all non-EEA nationals are visa required. A full list of visa required and non-visa required countries can be found on my Department's website at: www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf .

All visa applications are automatically checked against the relevant databases. Applicants must declare any criminal convictions and any negative immigration history, such as visa refusals or deportations, in any country. My Department also carries out routine checks with other countries through our local visa office and mission network abroad, as required.

Furthermore, the granting of a visa does not guarantee entry into the State. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland ready for presentation to the Immigration Officer to gain entry.

Under the European Communities Free Movement of Persons Regulations 2015, I may make a removal order in respect of an EU national who represents a danger for public policy or public security if their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. If an EU national residing in Ireland is found guilty of a crime, including a violent crime, the Garda National Immigration Bureau will notify my Department.

However, if the person has resided in the State for more than 10 years or is under the age of 18 years, a removal order can only be made on imperative grounds of public security. The family and economic circumstances of the person are also assessed, the nature of their social and cultural integration in the State, the health of the person and their links with their country of origin, in deciding whether or not to make such an order.

For non-EU citizens residing in Ireland, each individual immigration case is assessed under the criteria set out in Section 3(6) of the Immigration Act 1999 (as amended). These criteria include the age of the person, their duration of residence in the State, the family and economic circumstances of the person, their character and conduct, including any criminal convictions and considerations of national security and public policy. The individual’s ‘character and conduct’ is assessed both within and (where relevant and ascertainable) outside the State. Any and all criminal convictions are considered, including violent crime. An Garda Síochána notify my Department of matters which may be relevant to its considerations. Equally, any permission granted can be revoked if the individual fails to obey the laws of the State or becomes involved in criminal activity.

If the crime is serious or a violent crime, the person may be removed to their home Member State or deported to their country of origin.

Since 2012, 634 EU citizens were removed from the State, all of whom had criminal convictions. The yearly breakdown is as follows:

Year Effected

Total

2012

55

2013

66

2014

88

2015

71

2016

68

2017

84

2018

70

2019

64

2020

32

2021

36

Total

634

Since 2012, 1,012 non-EU citizens have had deportation orders enforced.

The yearly breakdown is as follows:

Year Enforced

Total

2012

273

2013

173

2014

73

2015

45

2016

62

2017

82

2018

85

2019

155

2020

59

2021

5

Total

1012

All those removed or deported during this period would have breached the Immigration Act or had more serious criminal convictions. The statistics are not maintained by my Department in a manner that would allow for further breakdown as requested by the Deputy. However, I can confirm that the five people deported in 2021 all had criminal convictions.

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