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Immigration Policy

Dáil Éireann Debate, Tuesday - 24 May 2022

Tuesday, 24 May 2022

Questions (70)

Neasa Hourigan


70. Deputy Neasa Hourigan asked the Minister for Justice the criteria used by an immigration officer to determine if a non-European Economic Area national is granted leave to land and thus to gain entry to the State upon presentation at Dublin Airport; and if she will make a statement on the matter. [22637/22]

View answer

Written answers (Question to Justice)

The Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport.

Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted entry to the State.

An Immigration Officer will have regard to the following matters in making a decision on whether to grant entry to the state in accordance with Section 4(10) of the Immigration Act 2004:

- the stated purpose of the proposed visit to the State;

- the intended duration of the stay in the State;

- any family relationships (whether of blood or through marriage) of him or her with persons in the State;

- his or her income, earning capacity and other financial resources;

- the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future; and

- whether he or she is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State. 

The onus is on the individual to have all documentation relating to their reasons for entering the State ready for presentation to the immigration officer to gain 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.