Vol. 568 No. 5
394 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the State is still deporting citizens of states that will become EU members within a year's time; and when he plans to desist from this practice. [16456/03]
The courts have identified the duty of the Executive to protect the common good by the exercise of controls on the entry, residence and removal of non-nationals. As part of this general obligation, and in accordance with section 3 of the Immigration Act 1999, deportation orders are made in respect of persons who are found illegally in the State or who no longer have a legal basis for their stay in the State. Among the categories of persons against whom deportation orders may be made are those who, having secured a temporary stay in the State for the purpose of having a claim for asylum examined, turn out after independent investigation of the claim not to be refugees.
The fact that a person who has made an unfounded claim for the protection of the State and has no right to be in the State belongs to a category of persons who may at some time in the future acquire, generally, such a right does not of itself justify setting aside the responsibility of the Executive to require such persons to leave the State.
