Joe Flaherty (Longford-Westmeath, Fianna Fail)
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Last Friday, Malik Amir Iqbal was one of several people across the country to be advised of the rejection of their appeals for leave to remain in the country. Mr. Iqbal has lived in direct provision for almost five years and in Longford town for several of those years. During that time, he has endeared himself to the local community and excelled in the arts through the medium of dance. Through the local Backstage Theatre, the Cruthú Arts Festival and many other local groups, this man has made countless friends. An extensive appeal in support of this affable man's application for a right to remain with us represents easily the most comprehensive case I have seen submitted on behalf of anyone in support of a right to remain in the country. It includes letters of support from high-profile names such as that of the actor Stephen Rea but also, perhaps more importantly, letters from local people such as our county librarian, Mary Carleton-Reynolds, and our local priest, Fr. James McKiernan. All of these letters show beyond any shred of doubt that this man has become an intrinsic part of the local community in Longford and of the national arts scene.

Mr. Iqbal is a popular dancer who has featured on the stage of the Abbey Theatre with his good friend, Vicky Khokhar, a fully trained and qualified emergency room nurse who, like Mr. Iqbal, lived in direct provision for several years. It is ironic that the two men were part of a dance troupe on our national stage literally hours before Mr. Khokhar voluntarily left the country under the threat of deportation. There are so many people who do not want Mr. Iqbal to face a similar fate. When are we going to stop forcing good people who want to contribute positively to our society to leave our country?

It does not seem right that Mr. Iqbal has waited 19 months for a decision on his appeal to then be given only five days to leave the country at the height of a pandemic. Perhaps there is a legal requirement that explains why the notifications had to issue last Friday but I appeal to the Minister of State to intervene and to defer the matter for further consideration, certainly until such time as the extensive case in support of Mr. Iqbal has been fully assessed.

James Browne (Wexford, Fianna Fail)
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I thank Deputy Flaherty for raising this very important matter, which I am taking on behalf of the Minister, Deputy McEntee. I know that it has been a cause of concern and that some Deputies have contacted the Minister directly over recent days to express that concern.

Our objective is to have decisions made on international protection applications and permission to remain considerations as quickly as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security. For those found not to be in need of protection, we can offer them assistance to return to their home country. This objective of timely decision making is shared by the expert group led by Dr. Catherine Day, whose report the Ministers, Deputies O'Gorman and McEntee, published very recently.

During the early stages of the pandemic, it was decided to issue positive recommendations from the International Protection Office only. This was to ensure that applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which to make an appeal or to request a review of a refusal of permission to remain. As substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions has not increased, there has been a build-up in the issuing of such decisions, with a higher volume than normal issuing in recent weeks.

The letters referred to by the Deputy inform people of their negative international protection decision and that they no longer have permission to remain in the State. Such persons are required to confirm within five days if they will accept the option of voluntary return, for which my Department provides assistance. If they do not confirm that they will leave voluntarily, a deportation order is made against them. The five-day timeline is set down in primary legislation and so must be adhered to in official correspondence. However, I understand a pragmatic approach is taken and, to be clear, the person is not required to remove themselves from the State within five days; they are required to indicate an intent to do so. Obviously, the time taken for relevant voluntary return arrangements to be made will take into account all factors, including Covid restrictions and the limitations to travel these have created. That said, I do accept that particular issues arise with level 5 restrictions and that the letters may have inadvertently caused distress. The Minister, Deputy McEntee, has asked her officials to review the process of issuing such letters for its duration.

I might add that Dr. Day's expert group has recommended that the five-day period for deciding whether to accept voluntary return should be extended to 30 days and that children and students should be allowed to finish the school year before departure. These, along with all other recommendations relevant to the work of the Department of Justice, will be actively considered by a programme board established for this purpose. This board's work will feed into the development of the White Paper by the end of this year, in line with the programme for Government commitment.

While I obviously cannot speak to the specific case the Deputy has raised, I will bring his comments to the attention of the Minister.

Joe Flaherty (Longford-Westmeath, Fianna Fail)
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I thank the Minister of State for his detailed response. I certainly hope the Department will move to issue a simple assurance that no deportations will occur during the Covid pandemic. At the very least we would ask that no deportation orders be issued and, ideally, that leave to remain be granted in the case of Mr. Iqbal, which I outlined earlier. I also ask that consideration be given to the many healthcare workers who received similar notifications last Friday, many of whom have been in direct provision for more than two years.

I was glad to hear the Minister of State refer to the expert group under Dr. Catherine Day. I understand that a key recommendation in its report on direct provision is that anybody who has been in the system for more than two years should be given leave to remain in the country. I ask that the Department at least deliberate on the findings of this report before adjudicating on the status of Mr. Iqbal and others who were issued similar notifications last week.

James Browne (Wexford, Fianna Fail)
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I again thank Deputy Flaherty for his contribution. I hear his passion for this very important issue.

For those found not to be in need of international protection, full consideration of all aspects of their case is carried out before a decision is made to grant permission to remain in the State or to make a deportation order. This includes full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work position and other issues. Each case is examined in detail on its individual merits, taking all factors into account. Additionally, section 3(11) of the Immigration Act 1999, as amended, allows an order to be amended or revoked by making a request to the Minister for Justice.

I fully acknowledge the important contribution that migrants have made to health, social care and other essential services during the pandemic and beyond. I encourage people to be as detailed as possible in their representations to the Department of Justice so we can make fully informed decisions at the appropriate time.

Whereas the execution of a deportation order is a matter for An Garda Síochána, I assure Deputy Flaherty and the House that the Department of Justice will of course take a pragmatic approach to such matters in the context of the Covid-19 pandemic.