Written answers

Tuesday, 23 November 2010

Department of Justice, Equality and Law Reform

Immigration Procedures

9:00 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 214: To ask the Minister for Justice and Law Reform if his attention has been drawn to the report by the Human Rights Commission entitled Report on an Enquiry into the Treatment of a Visitor Refused Leave to Land in the State; the actions that have been taken in respect of the recommendations in the report; and if he will make a statement on the matter. [44176/10]

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 215: To ask the Minister for Justice and Law Reform if his attention has been drawn to the report by the Human Rights Commission entitled Report of an Enquiry into the Treatment of a Visitor Refused Leave to Land in the State; his views on the claim in the report that Irish immigration officers have been operating in Northern Ireland; if this is correct, the powers under which these immigration officers are working; and if he will make a statement on the matter. [44177/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 214 and 215 together.

As the Deputy is aware, the report concerns a refusal of leave to land case which occurred in January, 2003. Since then there have been a number of developments in relation to the general immigration policy and practice which also have relevance to the findings set out in this report.

Moreover, my Department along with other Departments and agencies, co-operated fully with the Irish Human Rights Commission in the conduct of the Enquiry.

In particular, I would draw the attention of the Deputy to the Immigration Residence and Protection Bill, 2010 which sets out a legislative framework for the management of inward migration to Ireland. It sets out in a single code, comprehensive statutory provisions for visas, entry to the State, residence permits and protection as well as streamlined provisions for the removal of foreign nationals unlawfully in the State in place of the current deportation process. The Bill provides for review mechanism in the case of a decision to refuse to grant a visa and for certain categories of residence permission. I can assure the Deputy that the Human Rights obligations of the State have been fully taken into account in the drafting of the Bill's provisions. The Bill is currently at Dáil Committee Stage. The Bill will be supplemented by detailed guidelines in secondary legislation relating to a range of immigration issues which will provide clear direction for staff and migrants.

Furthermore, the visa application and tracking service AVATS which includes an on-line application facility has been rolled out to all visa processing sites in Irish Embassies, Consulates and Visa Offices since July, 2009. The new process provides travellers with a more convenient means of attaining the required documentation for travel to Ireland, whilst at the same time simplifying the process.

As regards the Deputy's question in respect of Immigration Officers operating outside this jurisdiction, I would refer him to my reply to Dáil Question no. 952 of 29 September, 2010.In the my reply to that question, I stated that in the event of a member of An Garda Síochána who is an immigration officer travelling outside the State for the purpose of interacting with the law enforcement authorities operating in Northern Ireland or any other jurisdiction, he/she is not in a position to not utilise the immigration powers conferred on them by the Minister for Justice and Law Reform as those powers relate only to the control of non-nationals entering, residing in or leaving this State.

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