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Immigration Policy

Dáil Éireann Debate, Tuesday - 1 February 2022

Tuesday, 1 February 2022

Questions (597)

Peadar Tóibín

Question:

597. Deputy Peadar Tóibín asked the Minister for Justice if illegal immigrants for whom she is seeking to provide an amnesty have a criminal record or a history of violent or sexual assault; if so, the number who have a criminal record; and if those with a criminal record or a history of violent or sexual assault can be sent home to their home countries. [4390/22]

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Written answers

The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close.

The scheme is not an amnesty. It is a once-in-a-generation opportunity for people who are undocumented in the State to make an application to regularise their position, where they meet the scheme's clearly defined criteria.

The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.

All applicants over the age of 16 years will undergo e-Vetting with An Garda Síochána as part of the process. Applicants will also be asked to complete a criminal declaration as part of the application form.

When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.

Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application unsuccessful. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).

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