Dáil Éireann Debate, Wednesday - 25 October 2017
181. Deputy Bríd Smith asked the Minister for Justice and Equality if his attention has been drawn to the fact that asylum seekers with diagnosed mental illnesses are being or are about to be deported from the State; and if he will make a statement on the matter. [45205/17]
Amharc ar fhreagra183. Deputy Bríd Smith asked the Minister for Justice and Equality his views on the number of persons unsuccessful in their asylum applications and are to be deported to countries in which they may not receive adequate care and medication for severe diagnosed mental illnesses and life threatening physical illnesses; and if he will make a statement on the matter. [45207/17]
Amharc ar fhreagraI propose to take Questions Nos. 181 and 183 together.
International Protection decisions are taken pursuant to the provisions the International Protection Act, 2015.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that applicants for protection under the International Protection Act 2015 are considered by the International Protection Office (IPO). It is the policy of that Office to ensure that the special needs of vulnerable applicants are addressed at each stage of the investigation and determination process in that office. This includes when an application for international protection is first made and subsequently at the interview and investigation stages.
Extensive training is provided to staff in the IPO known as international protection officers for this purpose many of whom worked in the former Office of the Refugee Applications Commissioner. Training programmes have been developed in conjunction with the United Nations High Commissioner for Refugees in line with international best practice.
Under section 15 of the International Protection Act 2015, an applicant is instructed to set out all information that would be relevant in the event that they are refused Refugee Status and Subsidiary Protection and are seeking permission to remain in the state under section 49 of the Act.
If an applicant is not granted a permission to remain at first instance an applicant can put forward any further information, including humanitarian considerations, that they would like the Minister to take into account that becomes relevant and this will be reviewed by an officer of the Minister before a Deportation Order is made.
In respect of applicants who had their Asylum / Subsidiary Protection applications dealt with prior to commencement of the Act, these are considered under section 3 of the Immigration Act 1999 (as amended), on whether or not to make a Deportation Order. Cases must be considered under all of the headings set out in section 3(6) of the Act, including: the age of the person, the duration of their residence in the State, the person's family and domestic circumstances, the nature of the person's connection(s) with the State, their employment record and employment prospects, their character and conduct, including any criminal convictions, the representations, if any, made by or on behalf of the person, considerations of national security and public policy and any humanitarian issues advanced in support of the case to remain in the State.
A refoulement consideration must also be carried out. This is an assessment of the safety of returning that person to their country of origin or place of former habitual residence having regard for the political and human rights conditions prevailing in that country at that point in time. This consideration will require the relevant applicant's claims in this regard to be examined against relevant, up to date, information, from reputable sources, relating to the conditions prevailing in the relevant country of origin. Clearly, no person can be returned to their country of origin, or their place of former habitual residence, where there is a credible risk to their life or freedom.
Consideration must also be given to that person's rights to a private and a family life, as provided for under Article 8 of the European Convention on Human Rights.
In addition to all of the above factors, I am advised that in circumstances where a person advances medically based reasons for not wishing to return to their country of origin, or their place of former habitual residence, any such issues must also be examined having regard for the provisions of Article 3 of the European Convention on Human Rights.
Only after all of these matters have been considered, and the appropriate evidence based conclusions drawn, can a decision to deport be made either under the International Protection Act 2015 or the 1999 Immigration Act.
The Deputy can be assured that all matters advanced by a person facing deportation are considered in detail before the ultimate decision, to deport or not to deport, is taken. In circumstances where a decision is taken to not make a Deportation Order then, all other things being equal, that person will be granted permission to remain in the State.
