Dáil Éireann Debate, Wednesday - 25 October 2023
138. Deputy Peadar Tóibín asked the Minister for Justice how many people who have come through or are in the asylum application process and are resident in Ireland have criminal records; and how many people who have come through or are in the asylum application process and who were resident in Ireland have been sent home in each of the past five years and to date in 2023 as a result of having a criminal record either gained abroad or in Ireland. [46800/23]
View answerThe State is required to examine the application of anyone who presents at the borders of the State, or is in the State, and indicates that they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law and the Government takes those commitments very seriously.
My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
The establishment of an applicant’s identity and nationality is an important feature of every immigration process and this is especially so in the context of persons who enter the Irish State for the purposes of making a claim for international protection. Each application for international protection is examined in detail on its individual merits, taking all factors into account.
Any and all criminal convictions are considered when processing an international protection application. An Garda Síochána notify the Department of matters which may be relevant to its examination of an application.
Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them.
Each applicant has their fingerprints checked against the Eurodac system which allows officials to establish if the applicant has previously applied for international protection in another Member State.
In relation to persons seeking international protection who have committed a crime outside the state, this may or may not be material to their international protection claim. If a person has committed a serious crime in their country of origin, this can form a basis for having them ‘excluded’ from being declared a refugee or from gaining subsidiary protection status in the State. Similarly, a person granted a refugee or a subsidiary protection status can have their status revoked in certain prescribed circumstances, as set out in section 52 of the International Protection Act 2015.
Data is not collated in a manner which provides the number of international protection applicants who have been removed as a result of having a criminal record gained abroad or in Ireland.
I want to assure the Deputy that the Immigration Services maintain ongoing contact with An Garda Síochána and the Irish Prison Service in relation to such individuals and it is a priority of the Immigration Services to seek the removal or deportation of any person posing a threat to public safety or security.
