Dáil Éireann Debate, Tuesday - 26 April 2022
1277. Deputy Neasa Hourigan asked the Minister for Justice the appeal process in place for those who are refused leave to land in the State upon presenting at our airports and other ports of entry; and if she will make a statement on the matter. [20178/22]
View answerAs the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to people not entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.
The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport only. Other ports of entry are the responsibility of the Garda National Immigration Bureau (GNIB).
Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an Immigration Officer is required to consider all of the circumstances of the non-EEA national at the time of entry.
If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
A refusal of leave to land by the Border Management Unit (BMU) is first considered by the Immigration Officer and is always signed off by a more senior officer. There is no appeal process, but it is important to note that a refusal of leave to land, unlike a deportation or a removal order, is specific to the arrival instance and does not preclude the person from seeking to enter the State in the future if they satisfy the conditions for entry. The principle of non-refoulement applies to these decisions.
