Wednesday, 20 June 2018

Ceisteanna (135)

Brendan Smith

Ceist:

135. Deputy Brendan Smith asked the Minister for Justice and Equality if further consideration will be given to a request by a person (details supplied) to remain here; and if he will make a statement on the matter. [27076/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Justice)

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 23 April 2009.

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, the Minister of the day 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 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.

I have met the family involved and am fully aware of the circumstances of the case. I have already made a statement in the Dáil last week that, when the court proceedings conclude, I will use my powers as Minister to consider this case fully, including from a humanitarian point of view.