The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising, including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is commonly referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.
A deportation order requires the person concerned to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders. Where persons have been identified as a threat to national security by An Garda Síochána, it remains open to me to make deportation orders against such persons and I have done so in the past and will continue to do so where appropriate.
I am informed by the Irish Naturalisation and Immigration Service of my Department that the numbers of Deportation Orders signed, effected and revoked in 2016 and 2017 are as set out in the following tables:
Deportation orders signed 2016 broken down by Asylum and Non Asylum
|
Type
|
Number
|
|
Non Asylum
|
259
|
|
Asylum
|
937
|
|
Total
|
1196
|
Deportation orders signed 2017 broken down by Asylum and Non Asylum
|
Type
|
Number
|
|
Non Asylum
|
6
|
|
Asylum
|
90
|
|
Total
|
96
|
Deportation Orders Effected 2016
|
Type
|
Number
|
|
Non Asylum
|
61
|
|
Asylum
|
367
|
|
Total
|
428
|
Deportation Orders Effected 2017
|
Type
|
Number
|
|
Non Asylum
|
3
|
|
Asylum
|
27
|
|
Total
|
30
|
Breakdown of Deportation Orders Revocations Section 3(11) 2016
|
Type
|
Number
|
|
Non Asylum
|
51
|
|
Asylum
|
297
|
|
Total
|
348
|
Breakdown of Deportation Orders Revocations Section 3(11) 2017
|
Type
|
Number
|
|
Non Asylum
|
10
|
|
Asylum
|
29
|
|
Total
|
39
|
