Dáil Éireann Debate, Wednesday - 9 May 2018
145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which a person (details supplied) is being held in Dublin Airport; and if he will make a statement on the matter. [20339/18]
Amharc ar fhreagraIt would not be appropriate for me to go into the details of the case referred to by the Deputy. I can say however, that the person concerned was refused permission to enter the State on 2 May 2018 and left the State on the same day. He is not the subject of an Irish Deportation Order.
The following matters pertain in all cases where a person is refused permission to enter the State.
- There are in total twelve (12) grounds on which an immigration officer may refuse to give a permission to enter the State and these are set out at Section 4 (3) of the Immigration Act 2004 (as amended by the International protection Act 2015). While a person may be refused permission to enter the State based on a number of grounds, such refusal need only be based on any one of those grounds. Immigration officers are required to provide a written notice to the person refused entry that sets out the reasons for the decision. In all cases, removals from the State are conducted in accordance with the law. Translation facilities are available where necessary.
- An Immigration Officer before confirming a decision to refuse permission will consult with his or her Supervisor.
- Removals are essentially operational matters for the Garda National Immigration Bureau who work closely with civilian immigration officers on these matters.
- Section 5 of the Immigration Act, 2003 (as amended by the International protection Act, 2015), contains the main provisions dealing with the removal from the State of persons refused leave to land and specifies that a person to whom this section applies may be arrested by an immigration officer or a member of the Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State, which must be as soon as is practicable.
- It is the practice to remove persons from the State on the next available flight or ship.
It should be noted that should any person who has been refused leave to land in the State seek entry to the State at a future point, their application will be assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking permission to enter the State in the future.
