Joe Higgins (Dublin West, Socialist Party)
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129. To ask the Minister for Justice and Equality his views on the deportation order for a person (details supplied) who supplied information to Irish Nationalisation and Immigration Service on 16 July 2013 that indicated they were not in the State a number of years prior to a deportation order being issued; and if he will make a statement on the matter. [5910/14]

Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service of my Department that the person referred to by the Deputy is the subject of a Deportation Order, made on 20 January 2012, following a comprehensive and detailed examination under Section 3 of the Immigration Act 1999 (as amended). Having submitted an application for leave to remain in the State under section 3 of the Immigration Act 1999 (as amended) the person concerned did not engage further with my Department in the consideration of that application despite attempts being made to contact her at her last known address. The Deputy will appreciate that the onus is on such persons to make my Department aware of such a material change in their circumstances so that such information, backed up by documentary evidence, can be factored into the decision making process. Where, however, such information is not disclosed, a decision can only be reached on the basis of the available information. In cases where a Deportation Order is issued against a person who is outside the State it has the effect that the person is not permitted to re-enter the State.

However, if new information or circumstances have come to light, which have a direct bearing on their case and which have arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. The effect of a Deportation Order is that the person concerned must leave the State and remain thereafter outside of the State.

Queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Joe Higgins (Dublin West, Socialist Party)
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130. To ask the Minister for Justice and Equality his views on the process of verification of deportation orders prior to them being issued; the process in place for revoking orders should information be supplied that indicates there was an error made in issuing an order; and if he will make a statement on the matter. [5911/14]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will appreciate that in every instance where a Deportation Order is made, due process is followed. First of all, a person against whom it is proposed to make such an Order is notified in writing of that proposal, the reason(s) for the proposal and of the options open to him/her as a result. Such options will invariably be to leave the State voluntarily, to consent to the making of a Deportation Order or to submit written representations setting out reasons as to why a Deportation Order should not be made.

All written representations submitted, together with all documentation on file, will be fully considered under all relevant headings before a final decision is made, with any such decision being to make a Deportation Order or to grant permission to remain in the State. No further verification process is carried out given the requirement to have regard for all documentation on file, as well as all legal obligations, both domestic and international, before such a decision is made.

Where a person the subject of a Deportation Order wishes to apply to have that Order revoked, the provisions of Section 3 (11) of the Immigration Act 1999 (as amended) provide a legal mechanism under which such an application can be made. All such applications are considered on their individual merits with all information and documentation submitted in support of the application being considered in great detail before a decision is made to revoke or to affirm the existing Deportation Order.

In circumstances where a Deportation Order is made in error, immediate steps are taken by the Irish Naturalisation and Immigration Service to have the Order revoked and the person the subject of that Order is advised of the revocation decision. Given the serious, immediate and long-term, consequences for the person involved, the Deputy will appreciate that any decision to make a Deportation Order is not made lightly. Such a decision is made only after all relevant factors have been considered in great detail, having regard for all legal obligations, both domestic and international.