Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context

Question 447: To ask the Minister for Justice, Equality and Law Reform if a person awaiting approval for residency in the State is automatically deported if they are convicted of a serious offence involving a custodial sentence; and if he will make a statement on the matter. [16349/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I presume that the Deputy is referring to applications for leave to remain made pursuant to Section 3 of the Immigration Act, 1999 as amended.

Sections 3(1) and (2) of that Act sets out those categories of non-nationals in respect of whom the Minister for Justice, Equality and Law Reform may deport. These categories include (a) a person who has served or is serving a term of imprisonment imposed upon him or her by a court of the State and (b) 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.

The process which precedes a deportation order applies to all categories of person cited in the Act, including the two categories cited above. Firstly, all such persons must be served with a written notice of intention to deport under section 3 (3) (b) of the Act setting out three options open to them, namely (a) to consent to deportation, (b) to agree to return voluntarily to their country of origin or (c) to submit, within 15 working days, written representations to the Minister setting out reasons why they should not be deported. Where option (c) is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a Deportation Order.

Each case must be considered on its individual merits taking account of the prohibition of refoulement under section 5 of the Refugee Act, 1996, as amended, and having regard to 11 factors, including family and domestic circumstances, humanitarian issues, the common good and so on, in section 3(6) of the 1999 Act, as amended.

In the context of this consideration of the individual merits of each case, regard must also be had to the gravity of the offence committed as well as the connection each individual has to the State. For example, if a non-EU National prisoner has a legal entitlement to be in the State e.g. as a recognised refugee or as a person who has availed of EU Treaty Rights through marriage to an EU National, they would clearly be less likely to be deported at the time of their release. Where no such legal entitlement to be in the State exists, and the offence committed was of a serious nature, in all probability the person in question would be deported at the time of their release from prison.

The Department of Justice, Equality and Law Reform and the Garda National Immigration Bureau (GNIB) has an ongoing information exchange with the Irish Prison Service (IPS) through which medium the Department and the GNIB are made aware of the release dates of convicted non-national prisoners falling due for release in the following twelve month period. Details of the offences involved are also provided, as are the nationalities of the prisoners in question. The Department in turn provides information to the IPS on the immigration status of the persons concerned and, where appropriate, prepares the paperwork necessary to have outstanding cases finalised, where possible, in advance of the planned release date. This information allows the IPS to make informed decisions regarding the possible early release of such persons, particularly where such persons consent to deportation or have already been served with Deportation Orders. In cases where a Deportation Order is signed, arrangements are made to have the person in question deported immediately upon their release from prison.

As the Deputy is aware the provisions relating to the removal of non-nationals from the State are currently being considered in the preparation of the forthcoming Immigration and Residence Bill.

Martin Ferris (Kerry North, Sinn Fein)
Link to this: Individually | In context

Question 448: To ask the Minister for Justice, Equality and Law Reform the number of persons who have applied for residency here and who have served prison sentences here for offences while their applications were being processed. [16350/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The detailed information required by the Deputy is not readily available and would require an inordinate amount of time to obtain and an inappropriate expenditure of limited resources. I can, however, inform the Deputy that there are currently 226 non-Irish national prisoners serving sentences for a range of offences coming from 44 different countries. This figure includes 109 non-EU nationals.

The position with regard to non-EEA Nationals who are serving prison sentences is that my Department and the Garda National Immigration Bureau (GNIB) have an ongoing information exchange with the Irish Prison Service through which medium the Department and the GNIB are made aware of the release dates of convicted non-national prisoners falling due for release in the following twelve month period.

Such persons must first be served with a written notice of intention to deport, as provided for under Section 3 of the Immigration Act, 1999 (as amended) which advises each individual of the options open to them at that point in time, namely (a) to consent to deportation, (b) to agree to return voluntarily to their country of origin or (c) to submit, within 15 working days, written representations to the Minister setting out reasons why they should not be deported. Where option (c) is availed of, any written representations submitted by or on behalf of the person in question is considered before a final decision is taken as to whether that person should be the subject of a Deportation Order. In cases where a Deportation Order is signed, arrangements are made to have the person in question deported immediately upon their release from prison.

As the Deputy is aware the provisions relating to the removal of non-nationals from the State are currently being considered in the preparation of the forthcoming Immigration and Residence Bill.