Mattie McGrath (Tipperary, Independent)
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12. To ask the Minister for Justice and Equality the number of deportations carried out for each of the past three years; the reasons for same; her plans to amend existing legislation in this area given the heightened terrorist threat within the European Union; and if she will make a statement on the matter. [24371/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department 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. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. Where persons have been identified as a threat to national security by An Garda Síochána, it remains open to me to make deportation orders against such persons and I have done so in the past and will continue to do so where appropriate.

In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, as amended, I must also consider Section 5 (Prohibition of Refoulement) of the Refugee Act 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

The statistics requested by the Deputy are set out in the following table. It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the deportation process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year. Others voluntarily remove themselves before a Deportation Order is made or is required to be enforced. Given the number of deportations effected, and the detailed individual assessment carried out in each case, it is not possible to provide the Deputy with the reasons for each individual deportation which has been carried out over the past three years.

The legislation in this area was recently amended by way of section 78 of the International Protection Act, commenced on 10th March this year. These amendments have given additional powers to An Garda Síochána to allow them to more effectively enforce deportation orders where persons subject to deportation orders have failed to comply with their legal obligation to remove themselves from the State.

Deportations Effected for the years 2013 - 2015