David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank Deputy Corcoran Kennedy for raising this important matter. I am here on behalf of the Minister, Deputy Flanagan, under whose remit this policy area resides. The Deputy will be aware that I cannot comment on individual cases nor on cases that are due to come before the court.

While the control of our borders and immigration are important duties of State, Ireland has always been recognised as an open and welcoming society. This duty is at all times subject to the law, including our international human rights obligations, and the supervision of the superior courts. Ireland operates a very open immigration regime with many different pathways for non-European Economic Area, EEA, nationals to enter and remain in the State lawfully. Indeed, just yesterday over 3,500 people became Irish citizens at a series of citizenship ceremonies in Killarney. At the same time, however, it is not unreasonable of the State to expect those who have been granted permission to reside here to respect the conditions attaching to that permission, including the obligation to leave the State once their permission expires.

When an asylum seeker comes to Ireland seeking international protection status, they enter a legal process. At the end of the application process, during which all aspects of the applicant's case, including full consideration of Article 8, family rights, are considered in detail, a decision is made and the applicant is either granted international protection status and permission to remain in Ireland or if they do not qualify they must leave the State. In both circumstances the applicant is given time to make appropriate arrangements. For those issued with a deportation order, the obligation is on the person to remove themselves from the State and only when they decide not to do so, is enforced removal deportation considered as a last resort. I am assured by my officials that the immigration service has always shown itself to be fully sympathetic to the plight of such persons unlawfully in the country and will balance their situation against the State's obligation to protect its borders. Importantly, in the interests of fairness, clear, transparent procedures are applied and at all times the actions of the immigration services are subject to review by the courts. A decision to make a deportation order is not taken lightly, particularly where children are involved. I am assured that the Irish Naturalisation and Immigration Service, INIS, is fully alive to the impact of a deportation order, including in circumstances where a person or a family has been in the State for some time. The courts are also aware of this factor. Similarly, the courts take cognisance of circumstances where people are present in the State and do not comply with the conditions attached to their permission.

The question of an amnesty or general regularisation scheme along the lines suggested by the Deputy for those who are currently illegally resident in the State has been considered many times. It is considered that such an approach could have many unintended consequences including in relation to the operation of the Common Travel Area and the integrity of our immigration system. The approach taken by INIS is to look at the circumstances of each case and take account of factors such as the co-operation or otherwise of applicants with INIS and the degree to which an applicant has abided by the conditions attached to permission in the State. Where there is evidence of a desire to respect the laws of the State and abide by them, a humanitarian approach may be taken where merited on a case-by-case basis.

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