Dáil Éireann Debate, Wednesday - 25 October 2017
182. Deputy Bríd Smith asked the Minister for Justice and Equality the process that sees persons with deportation orders who have been diagnosed with mental illnesses and life-threatening physical illnesses being evicted from and invited to leave direct provision centres and that are therefore at great risk of becoming homeless. [45206/17]
Amharc ar fhreagraIt is important that a clear distinction is made between those who are seeking International Protection and those who, after having exhausted all due process, are issued with a Deportation Order, and by law are obliged to remove themselves from the State.
RIA accommodation is offered to those in the protection process (‘asylum seekers’) and it is up to each applicant if they wish to take up this offer. Many choose not to, opting to stay with family or friends or have independent means to support themselves. When a final decision is made on an application, a person is either granted permission to remain in Ireland or refused that permission.
For those with leave to remain in the State, we are working with the NGO community, housing agencies, local authorities and religious groups to provide assistance to move into permanent accommodation in communities around Ireland. People who wish to make offers of accommodation to such persons should do so through the Irish Red Cross who are handling this matter on behalf of the Department of Justice and Equality.
On the other hand, it is incumbent on those with deportation orders to remove themselves from the State. It is an integral part of the immigration regime of all developed States that those who have been given due process and have been determined to have no right to be in the State should remove themselves, or if failing to do so be removed by the appropriate authorities. A Deportation Order arises after an extensive process where applicants have every opportunity to present their claim for asylum or other types of leave to remain, including various appeal stages. This is the final step and most people voluntarily comply with the Deportation Order. In that context, it is unreasonable to expect that persons with Deportation Orders can continue in State provided accommodation indefinitely.
Continuing to allocate limited accommodation to people who are legally obliged to remove themselves from the State would undermine our laws and adversely impact our capacity to assist those who are seeking refugee status. At current rate of demand, accommodation capacity in the Centres will run out for all applicants within a number of weeks unless remedial action is taken. In order to meet our international obligations, we must apply the law and we must do so in a fair and transparent way. It will become increasingly difficult to meet the needs of those seeking international protection if those who have exhausted every legal avenue and been found not to qualify remain in the State and in accommodation provided by the State.
The engagement by RIA is to progress matters, to reach mutual agreement in cases where persons continue to reside in RIA for extended periods. Obviously, full consideration is given to each case taking all aspects of each situation into account. People who have leave to remain or have been issued with a deportation order can no longer be considered to be asylum seekers and are reminded that they need to arrange to leave state provided accommodation as they are no longer entitled to reside in accommodation that is provided solely for those in the protection process. This in no way should be considered as an eviction process.
In the final analysis the State meets all its international obligations, including to meet the needs (i.e. full bed and board including all utilities, welfare payments, medical facilities, etc.) of those in the protection process and ensure that full and due process is afforded to those seeking protection, as well as follow-up on the outcomes of that process.
If a person requires assistance to comply with a Deportation Order, they may contact the Irish Naturalisation and Immigration Service who will assist them in that process.
