Charles Flanagan (Laois, Fine Gael) | Oireachtas source

As Deputy Cowen knows I am most familiar with this case. Indeed, I met Nonso Muojeke today in my office.Of course, I am immensely sympathetic to his situation and I understand why there is concern among his friends.However, it is important to state that there is a huge volume of misinformation in the public domain about this case, and this is a concern to me. As the House knows, as Minister for Justice and Equality it is not my practice to either comment publicly on individual cases or to interfere in a case that is still before the courts. I have been informed that the legal team of the appellant has lodged papers yesterday seeking leave to appeal to the Supreme Court, so this case remains sub judiceand, accordingly, I am particularly constrained in what I can say.

Last year alone there were over 2,290 individual applications made for international protection by asylum seekers. Each of these cases is processed by the Irish Naturalisation and Immigration Service, INIS, in accordance with the law. In going about its work, INIS is acting in the name of the Minister for Justice and Equality, but from a practical point of view I do not intervene in the processing of cases which are governed by clear laws and procedures and subject at all times to the supervision of the courts. From time to time a case will come to me directly for consideration, and I have given an undertaking that when this particular case has concluded in the courts I will give the application full consideration on humanitarian grounds. I pledge to do that. More generally, while control of our borders and the operation of an effective immigration system are important duties of State, Ireland has always been recognised as an open and welcoming society which operates an open regime with many pathways for non-EEA nationals to enter and remain in the State lawfully. This duty is at all times subject to the law, including our international human rights obligations.

As I have already mentioned, INIS manages Ireland’s immigration law on a daily basis. This is a huge undertaking. In 2017, there were over 250,000 applications in areas ranging from visa applications to citizenship applications to permissions to reside in the State. When a person comes to Ireland seeking international protection status he or she enters a legal process, during which all aspects of the applicant’s case, including full consideration of his or her rights to a private and a family life under Article 8 of the European Convention on Human Rights, are considered in some detail. A decision is made and the applicant is either granted international protection status, granted a formal permission to remain in Ireland or is told that he or she does not qualify for either status and must therefore leave the State.

In circumstances where a person’s case is refused and he or she does not avail of the option to voluntarily return to his or her country of origin, a deportation order will be made. That person will be given time to get his or her affairs in order before removal from the State. The Deputies should note that the decision to make a deportation order are not made lightly. In fact, far from it. The process is exhaustive, with various avenues of appeal open to those who get a negative outcome at first instance. These decisions of the Department are subject to appeal, including judicial review in the superior courts. INIS processes hundreds of thousands of cases each year. I do not personally see these cases, and with the volume concerned nor could I be expected to. This case was treated in the same manner as other such cases.

Immigration officials often have the difficult task of balancing the individual rights of persons with the wider obligation to maintain the integrity of the State’s immigration system, taking all factors and the circumstances of each case into account.

Some decisions are appealed to the courts and at that stage become sub judice. This is the situation that has pertained in this case, so I have to comment that the matter is before the courts. Once this case has concluded before the courts, however, I will give due consideration to the circumstances of the case, including any humanitarian considerations. Under international law, Ireland is obliged to operate an international protection mechanism under which those who come to our shores seeking international protection can have their claims fully considered. I am satisfied that the mechanisms in place under the International Protection Act 2015 provide for a fair and comprehensive examination of each claim made before a decision is taken to grant or refuse international protection, or to grant or refuse permission to remain.

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