Written answers

Tuesday, 30 September 2008

Department of Justice, Equality and Law Reform

Anti-Racism Measures

11:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 404: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to complaints by Tourism Ireland that foreign tourists holding the appropriate entry permissions have faced racial harassment and discrimination from immigration staff at Dublin Airport; his views on these complaints; his plans to address the issue; and if he will make a statement on the matter. [31887/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I can confirm that Tourism Ireland has not made any complaints to my Department along the lines described by the Deputy. As regards immigration generally, every person landing in the State, including the holder of a visa, is obliged, pursuant to the provisions of section 11 (2) of the Immigration Act 2004, to furnish to an Immigration Officer such information in such manner as an Immigration Officer may reasonably require for the purposes of the performance of his or her functions. The fact that a visa is a permission to present at the frontiers of the State but does not guarantee entry to the State, was confirmed by the High Court as recently as 23 May 2008 (Emmanuel Omatayo James & Others -V- Minister for Justice, Equality and Law Reform).

Section 4 of the Immigration Act 2004, provides for an Immigration Officer to authorise a non-national to land in the State. Section 4(3) enumerates fourteen (14) circumstances in which an Immigration Officer, may, on behalf of the Minister, refuse to give a person a Permission to Land in the State. The circumstances, any one of which may give rise to a permission to land being refused, include, the fact that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national.

The above-mention High Court Judgement also decided that, as well as there being a requirement on the part of a visa holder to satisfy an Immigration Officer that he/she qualifies for admission to the State, the officer concerned must satisfy himself/herself that a person in possession of a visa in fact qualifies for admission to the State. In performing his or her functions under the Immigration Act 2004, an Immigration Officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her. In the region of 3,000 persons are refused permission to enter the State at Dublin airport each year, representing 0.012% of the throughput of passengers using that airport (circa 25 million passengers per annum). Clearly, therefore, the vast majority of travellers provide the necessary information and documentation to Immigration Officers which allows for permission to enter the State to be granted.

Personnel engaged in immigration control duties are tasked with detecting illegal immigration, with a view to protecting the State from terrorism and other forms of criminality, while processing millions of passengers. Given the wide range of tactics being utilised by persons attempting to enter the State illegally, immigration officers are required to be vigilant and satisfied that the intentions of passengers are bona fide. Every possible effort is made to fulfil this task in a courteous and efficient manner that causes the least possible inconvenience to everybody concerned.

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