Barry Cowen (Offaly, Fianna Fail)
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Two minutes is very little time within which to convey to the public the situation surrounding the application by the Muojeke family. The Minister is well aware of the case, based on my own representations and those of my constituency colleagues, Deputies Corcoran Kennedy and Nolan. He is aware that the initial application for refuge or asylum by Ms Muojeke was made in 2006 and 2007, for herself and her two children, Nonso and Victor. Following a refusal in 2009 based on legal advice, in 2016 the applicant made an application to the courts to revoke that appeal, which was dismissed by the High Court in recent weeks.

Despite the merits or otherwise of the application, I wish to inform the Minister that the children of Ms Muojeke have excelled, thankfully, in the meantime, against all the odds. They have flourished in their schools, in their community and in our country. The petition handed to the Minister today and which was made available to other Members of the Dáil shows that over 20,000 people support this family's case, and support the contention that they are excelling. Victor, the older boy, is now on a scholarship at the University of Limerick. Nonso is at Tullamore College and is an integral part of that community and that education system. They are as Irish, I believe, as the Minister or myself. They have not been a financial burden on the State, and will not be going forward.

When one re-enters the country after having been abroad, as we all have done, it is gratifying to hear an official from the Department of Justice and Equality welcome us home. There is a great sense of pride in that, and a sense of comfort in that welcome, and an association with community attached to that. These children will never witness that if the Minister does not show the leniency it is within his power to show in this case. The Minister saw the petrified looks on the faces of these children and their mother when he met them briefly today. They believe themselves to be in a perilous situation, despite the effort and good will of everyone concerned, including school staff and students and the wider community in Tullamore.

The Minister for Health, Deputy Harris, acknowledged the new compassion that exists in this country - which thankfully has no boundaries - in response to the recent referendum. He said that those women that had previously taken the boat and the plane would now be offered the hand of the State. The Minister for Justice and Equality now has an opportunity, between the application to the High Court and any subsequent application to the Supreme Court, to show compassion, based on humanitarian grounds. Irrespective of the negligence or otherwise of the State in dealing with the case over a period of time, the State must recognise the capacity for these children to excel and to acknowledge the sense of welcome that these children experienced and which should not be forgotten.

I implore the Minister, in the short amount of time I have, to use the discretion available to him in this exceptional case. I am not disregarding the processes or the legislation associated with applications for refuge or asylum. As a Member of the Legislature I stand over those processes. However, one has to recognise and acknowledge that Nonso, quite apart from Victor, his brother, has been here since he was two years old. He has appreciated everything that has been afforded to him in this country. I ask the Minister, on compassionate and humanitarian grounds, to look favourably on this matter and to use the power that is available to him by virtue of his position, to grant leave for these people to remain in this State and to let them get on with their lives.

Charles Flanagan (Laois, Fine Gael)
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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.

Barry Cowen (Offaly, Fianna Fail)
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I thank the Minister for his response and I note what he has said. He started by saying that while he was sympathetic towards the case, he was concerned that certain aspects of it are not in the public domain. That is worrying. I realise the duty that is on Deputy Flanagan, as Minister with responsibility for these issues, and on the State to act in accordance with various human rights norms. I recognise that the Minister and the Department have a duty to implement the laws concerning such applications that exist in this land. Of course I do.

There is also a duty on the State, and on the arms of the State that have charge of that responsibility to follow their processes. In 2009, they did not. It was not until 2016 that this applicant sought to revoke the deportation order. I am puzzled to hear that an application has been made to the Supreme Court. I am not aware of that, and I spoke to the legal representatives earlier today. That notwithstanding, it has not been granted. The Minister has an opportunity to intervene at this stage if he so wishes. I take him at his word when he says that he will not intervene now but he will do so when the Supreme Court has had its say, irrespective of what the verdict might be, but especially if it is a negative one.

In the meantime, during that process, irrespective of who was at fault, which somebody may well have been, these children were enrolled in State schools and were afforded an education. They were afforded a welcome by the staff and pupils and by the communities they resided in, so much so that 20,000 people saw fit to sign a petition to implore the Minister to use the powers available to him. I would not make a habit of this, nor would I expect anybody else within the Chamber to do so. There are times, however, when one has to stand up. There are times when one has to recognise that this modern country, and the modern generation of which these children are members, do not see the barriers that existed in Ireland in years past. The recent referendum showed us that the prejudices that existed in other generations thankfully do not exist in the present and upcoming generations.

If the Minister has made a decision not to intervene at this stage, which is his right, based on information that an application has been made to the Supreme Court and has been accepted - information that was not available to me when I spoke to the applicant's legal counsel earlier today - perhaps he will agree to intervene on the conclusion of that process, when he believes he has a right to do so. I accept, acknowledge and appreciate that. I would have hoped, however, that it could have been done earlier. I hear what the Minister has said. We will hold him to his word, and I expect those who signed that petition, everybody associated with this and those watching will do the same. Without a doubt, we acknowledge the duty of the Minister, the State and the Government to uphold the law of the land. If the Minister upholds the law of the land, however, he must ensure that the armoury available to it is acted upon. If it were acted upon in this case, maybe we would not be here today.

Charles Flanagan (Laois, Fine Gael)
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I repeat my concern that there has been a great deal of misinformation about this case in the public domain. I want to state clearly that Nonso Muojeke is not at any immediate risk of deportation. The Irish Nationalisation and Immigration Service has given that undertaking to the court. This case is still before the courts. As I have consistently said, as Minister for Justice and Equality I do not interfere with cases that are before the courts. When the court proceedings conclude, however, I will use my powers as Minister to consider this case fully, including from a humanitarian point of view. As Minister, I do exercise ministerial discretion from time to time. Having a functioning and transparent system is a critical component of immigration systems, not only here in Ireland but right across the world.

I remind Deputies that 2,926 individual applications for international protection made were made last year alone. Applicants for international protection from the UN-recognised refugee producing countries are prioritised. Each applicant is required to comply with the laws of the country during the time their application is being processed. Ireland has reformed its immigration system to address lengthy time periods associated with applications. With the commencement of the 2015 Act on 31 December 2016, we now have a single procedure. This is the biggest reform of our protection process in more than 20 years. It is in line with our intention to provide first-instance decisions in the shortest possible timeframe.

I do not doubt the sincerity of Deputy Cowen. I hope that is mutual. I regret that I cannot comment on individual cases that are before the courts because they are undergoing due process. I assure Deputy Cowen and the House, however, that once the court proceedings have concluded, I can give the facts and the circumstances of the case in question full consideration, which I intend to do.