Finian McGrath (Dublin North Central, Independent)
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Question 413: To ask the Minister for Justice and Equality the process and steps involved in deciding to issue a deportation order against a non-Irish national; if he will state the length of time a deportation order lasts before a person can return to the State; if he will detail the number of deportation orders that he has signed since taking up office; and if he will make a statement on the matter. [31136/11]

Alan Shatter (Dublin South, Fine Gael)
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Deportation Orders can be made against failed asylum seekers or other categories of illegal immigrants. Failed asylum seekers will have already had a comprehensive and thorough examination of their asylum claim by the Office of the Refugee Applications Commissioner and, should they appeal, by the Refugee Appeals Tribunal. The option is then open to them to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). If their application for Subsidiary Protection is refused, their file is considered under Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended). Any representations submitted by them or on their behalf are considered in detail by reference to the criteria listed in Section 3 of the 1999 Act, as well as relevant international human rights instruments and domestic legal provisions, including Constitutional provisions where appropriate.

For illegal immigrants who have not claimed asylum or Subsidiary Protection, their file is considered in full in the same way as outlined above for failed asylum seekers under Section 3 of the Immigration Act 1999, (as amended) including any representations submitted by them or on their behalf by reference to the criteria listed in Section 3 of the 1999 Act, as well as relevant international human rights instruments and domestic legal provisions, including Constitutional provisions where appropriate.

A Deportation Order requires a person to remove themselves from the State and remain thereafter outside the State. A person cannot return to the state if a Deportation Order has been issued against them and they have been removed. However, where new information in relation to a person who is the subject of a Deportation Order is brought to my attention by such a person or by their legal representative outlining significantly changed circumstances from those that pertained at the time the Deportation Order was signed, it is open to such persons to apply under Section 3(11) of the Immigration Act 1999 to have their Deportation Order revoked. Since 9 March, 2011, a total of 725 Deportation Orders have been made.