Written answers

Tuesday, 26 May 2015

Department of Justice and Equality

Deportation Orders Data

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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476. To ask the Minister for Justice and Equality the number of deportation orders that have been enforced since April 2014; if she will provide a breakdown of the countries to which persons were returned; and if she will make a statement on the matter. [19934/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation Immigration Service (INIS) of my Department that a total of 125 Deportation Orders have been enforced during the period from April 2014 to end of April 2015. The top five nationalities are China 35, Nigeria 30, Malaysia 10, Somalia 5, Brazil 5, South Africa 5.

In order to provide a more complete picture of the situation regarding the expulsion of non-Irish nationals from the State during the period in question, it should be noted that during the same period, 91 Removal Orders were effected in respect of EU nationals, 8 Transfer Orders were effected under the Dublin Regulation and 3,003 persons were refused leave to land in the State at ports of entry.

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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477. To ask the Minister for Justice and Equality the number of deportation orders of minors that have been enforced since April 2014; and if she will make a statement on the matter. [19935/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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A total of 5 Deportation Orders in respect of minors were effected from the beginning of April, 2014 until the end of April 2015. The Irish Naturalisation and Immigration Service (INIS) of my Department does not issue Deportation Orders to unaccompanied minors.

In enforcing the law in respect of deportations, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.

In order to provide a more complete picture of the situation regarding the removal of non-Irish nationals minors during the period in question, it should be noted that during the same period there were no Removal Orders effected in respect of EU National minors and that 4 Transfer Orders were effected in respect of minors under the Dublin Regulation. Minors are not refused leave to land in the State at ports of entry. However, the parents of accompanied minors can be refused leave to land and the accompanied minors are returned with their parents to the country they arrived from. Unaccompanied minors are surrendered to the care of the Health Service Executive.

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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478. To ask the Minister for Justice and Equality the number of Dublin returns that were issued to Italy, Spain and Malta since December 2014; and if she will make a statement on the matter. [19936/15]

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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479. To ask the Minister for Justice and Equality the top five countries of return under the recast Dublin Regulation, since the beginning of 2015; and if she will make a statement on the matter. [19937/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 478 and 479 together.

Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 (Dublin III Regulation) establishes the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member Stats by a third-country national or a stateless person.

The European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014) provide for the detailed arrangements to apply in the State where the application of the Dublin III Regulation arises. This includes the interviewing of each applicant at first instance by the Office of the Refugee Applications Commissioner and the right to appeal a transfer decision to the Refugee Appeals Tribunal with the transfer suspended pending the outcome of the appeal. As these Regulations provide for more safeguards for applicants this has resulted in longer processing times for such cases. In addition, the enforcement of a transfer decision once issued may be impeded by the applicant's evasion.

There has been one Transfer Decision completed by the Office of the Refugee Applications Commissioner in respect of Italy and none for Spain and Malta since December 2014. As would be expected, due to geographical and other reasons, the majority of transfer decisions completed by ORAC under the Dublin III Regulation are in respect of the United Kingdom and in that regard a total of 4 individuals have been returned to the United Kingdom under the Dublin Regulation since the beginning of 2015.

In order to provide a more complete picture of the situation regarding the expulsion of non-Irish nationals from the State, it should be noted that, in addition, since the start of this year to the end of April, 30 Deportation Orders have been effected, 13 Removal Orders have been effected in respect of EU nationals and 909 persons have been refused leave to land in the State at ports of entry.

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