Written answers

Wednesday, 28 September 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 983: To ask the Minister for Justice, Equality and Law Reform if criminal convictions for offences committed in the State operate as a bar to non-EEA nationals being granted permission to remain and as grounds for revoking any such permission; if any non-EEA nationals have been given permission to remain in the State notwithstanding that they have been convicted of criminal offences in this jurisdiction; if so, the number of such permissions in each of the past five years; if he will report on the legal and policy considerations involved in deciding on such applications; if he has satisfied himself that he has access to and is given accurate and timely information in regard to such applications; if any permissions have been revoked in cases in which it was discovered that inaccurate or inadequate information was provided in regard to criminal convictions in the State; if so, if he will outline the circumstances of such cases; and if he will make a statement on the matter. [25161/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to the cases of non-EEA nationals who are served with a notice of intention to deport them under section 3(3)(a) of the Immigration Act 1999, as amended.

Section 3(2) of the Immigration Act 1999, as amended, allows the Minister to make a deportation order in respect of nine categories of persons including a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State; a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence; and a person whose deportation would, in the opinion of the Minister, be conducive to the common good.

In deciding whether to make a deportation order or grant temporary permission to remain in a particular case, the Minister must have regard to 11 factors, in so far as they appear or are known to him, under section 3(6) of the Immigration Act 1999, as amended, including the character and conduct of the person both within and — where relevant and ascertainable — outside the State, including any criminal convictions; the common good; and considerations of national security and public policy.

Before making a decision in such cases, it is usual for the Minister to seek a Garda report as to the character of the person while in the State, in so far as it is known to the Garda, particularly where temporary leave to remain is being contemplated. This information is taken into consideration along with the other factors in section 3(6) in arriving at a decision in the particular case.

The statistical information as sought by the Deputy is not readily available as it would require the devotion of a disproportionate amount of resources to ascertain it.

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