Dáil Éireann Debate, Tuesday - 18 April 2023
41. Deputy Bríd Smith asked the Minister for Justice if he can clarify, in cases where a Border Management Unit decides to refuse permission to an intending visitor to this State, and the visitor has all the appropriate documentation for such a visit, what rights to appeal or to question such decisions exists; how such refusals are recorded and documented; and if he will make a statement on the matter. [17653/23]
Amharc ar fhreagraThe Border Management Unit of my Department performs an essential service in preventing illegal immigration and maintaining the security of our borders. Very properly, the exercise of powers in this area is at all times subject to the law and to respect for individual rights, as well as for the dignity of each individual passenger. BMU officers receive extensive training and operate within an appropriate supervisory and management structure.
Under Section 4 of the Immigration Act 2004, an immigration officer must determine whether a non-EEA national should be granted leave to land and thus gain entry to the State. In performing their duties, an officer is required to consider all of the circumstances of the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused. These include instances where the person presents documentation, but where, for example, the officer concludes that the purpose of the person's visit is not that stated by them.
In the overwhelming majority of instances - 99.94% in 2022 - travellers who enter the State are granted leave to land. In the small minority of cases where a person may be refused leave, they are provided with a notice informing them of the lawful reason(s) for the refusal. A refusal stamp is placed in the passport of the person refused leave to land and a record is maintained of the reasons behind the decision to refuse leave to land to the person concerned.
All refusals are first considered by the officer and is always signed off by a more senior officer. There is no appeal process, and a person will typically be returned to their airport of departure at the earliest possible opportunity. I would note, however, that a refusal of leave to land, unlike a deportation or a removal order, is specific to the arrival instance and does not preclude the person from seeking to enter the State in the future if they subsequently satisfy the conditions for entry.
Finally, and as I am sure the Deputy is aware, if a person indicates or is identified as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations, and notwithstanding any determination on leave to land.
