Written answers

Tuesday, 27 May 2008

Department of Justice, Equality and Law Reform

Garda Operations

9:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 396: To ask the Minister for Justice, Equality and Law Reform if members of the Garda Síochána on street duty are authorised to confiscate the passports of non-Irish nationals; the circumstances under which this may be allowed; the procedures such members are required to follow including instructions that must be given to the passport holder as to where the passport will be held and the way to retrieve it; and if he will make a statement on the matter. [20586/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The reason a member of An Garda Síochána seizes a passport varies depending on the circumstances under which the passport comes into their possession, e.g. on suspicion that a breach of the criminal law has been committed; for the purpose of deportation, etc. Section 12 of the Immigration Act 2004 places an obligation on non-nationals to produce to a member of An Garda Síochána, on demand, a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality. If a member of An Garda Síochána suspects that a document produced to him or her in accordance with the provisions of the Immigration Act 2004 is potentially evidence of the commission of a criminal offence he or she may take possession of the document. If the document concerned is a passport, it is in fact the property of the authority which has issued it. If, on examination, a seized document is found to be genuine and is not stolen or otherwise considered to be of evidential value in the investigation of a criminal offence, it will be returned to the person to whom it was issued. Otherwise it will be retained as potential evidence in a criminal prosecution.

If a non-national has made an application pursuant to the provisions of the Refugee Act, 1996, his or her passport will be forwarded to the Refugee Applications Commissioner who will retain it pending consideration of the application. If a member of An Garda Síochána intends to engage in the removal of a non-national from the State pursuant to the provisions of section 5 of the Immigration Act 2003 or section 5 of the Immigration Act 1999, the surrender of a passport or travel document in the possession of the non-national may be required. If a member of An Garda Síochána takes possession of a passport or other travel document which he or she intends to retain, a receipt will issue to the person concerned which will identify the member of An Garda Síochána taking possession of same. If a person from whom a passport is seized is removed from the State, the document concerned will be handed to the immigration authority in the jurisdiction to which the person is removed.

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