Michael Healy-Rae
Ceist:592. Deputy Michael Healy-Rae asked the Minister for Justice if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [5817/21]
Amharc ar fhreagraWednesday, 3 February 2021
Ceisteanna (592)
Freagraí scríofa
The Deputy will appreciate that it would not be appropriate for me to comment on any specific immigration case. However, the general information set out as follows will give the Deputy a sense of how any such matter might be viewed by me and my Department.
The criminal laws of the State apply equally to Irish citizens, EU citizens and third country nationals, regardless of the immigration status of the third country national. Therefore, I am satisfied that the existing laws of the State can cater for most if not all scenarios. Additionally, section 3(2) (a) of the Immigration Act 1999 (as amended) provides that a deportation order may be made in respect of a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State. It is also important to point out that any person being considered for deportation, or indeed for a permission to remain in the State, will have their case considered under a variety of headings, all prescribed in law.
Such factors to be considered will invariably include ‘the character and conduct’ of the person both within and (where relevant and ascertainable) outside the State, including criminal convictions. This position is prescribed in both section 3(6)(g) of the Immigration Act 1999 (as amended) and section 49(3)(c) of the International Protection Act 2015. This assessment will have regard for whether the person in question has come to adverse Garda attention and any other matters of ‘character and conduct’ which are material to the consideration of the individual case.
Where a third country national has disrespected the laws of the State, it will certainly be a factor in consideration of their removal from the State, all other things being equal.
In relation to people seeking international protection who commit a crime, this may or not be material to their international protection claim. However, if a person commits a serious crime in their country of origin, this can form a basis for having them ‘excluded’ from being declared a refugee or from gaining subsidiary protection status in the State. Nevertheless, any person seeking international protection who commits a crime in the State will have their protection application determined on its merits under domestic and international law. A person granted refugee status can also have their status revoked in certain prescribed circumstances, as set out in section 52 of the International Protection Act 2015.
Permission to remain in the State is typically granted at the discretion of the Minister. Therefore, there is scope for having such a permission revoked, amended or not renewed, on grounds of criminality. Each case will be considered on its own merits and circumstances and fair procedures will be applied. However, it can be taken that the greater the sanction imposed by a Court in the State for a crime committed in the State, the greater the public interest will be in having their permission revoked, amended or not renewed and ultimately, following due process, having them removed from the State.
Question No. 593 answered with Question No. 571.