Written answers

Tuesday, 7 February 2017

Department of Justice and Equality

Immigration Data

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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106. To ask the Minister for Justice and Equality the procedure to aid persons barred from entering the United States of America at United States preclearance in Irish international airports following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; under the acknowledgment that, under the Aviation (Preclearance) Act 2009, all of those persons turned away are to be treated in accordance with the Immigration Act 2004; and if she will make a statement on the matter. [5682/17]

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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111. To ask the Minister for Justice and Equality if she has spoken with the Minister for Transport, Tourism and Sport on the US administration’s new Muslim ban executive order; the impact this will have on persons travelling to the US via Ireland; and if she will make a statement on the matter. [5413/17]

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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138. To ask the Minister for Justice and Equality the number and nationalities of persons that have been refused entry to the US from preclearance facilities in airports on Irish soil since the signing of President Trump's executive order, indicating the number per nationality per day; and if she will make a statement on the matter. [5954/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 106, 111 and 138 together.

Persons who avail of the US preclearance facilities in the State do so voluntarily as provided for in the Aviation (Preclearance) Act 2009 and decisions taken by the US authorities at US preclearance facilities in the State on clearance to board US bound aircraft are taken solely by the US authorities. The matter has been discussed at Cabinet and the Taoiseach has requested a review of preclearance be carried out. This is currently underway involving officials from the relevant Departments.

The role of Garda immigration officers is set out in the Act. Specifically, Section 12 of the Act provides that a person who is refused preclearance to travel onwards to the United States, shall be deemed for the purpose of the Aliens Act 1935 and the Immigration Act 2004, to have arrived at the frontier of the State. In many cases, the persons are Irish citizens or EU nationals subject to Free Movement and once this is established they are not subject to any further immigration requirements. In circumstances where a person is refused leave to board a US bound flight, he or she is brought to the Garda immigration authorities and the case is considered by Garda immigration officers in the same manner as if they had presented at the frontier of the State seeking permission to enter the State. For those subject to immigration controls under the Immigration Act 2004, as is normal in these cases, each case is examined on its individual merits to determine if the person is to be given permission to enter the State. Specific details on numbers refused by the US immigration authorities are not available, and from an Irish immigration perspective are dealt with as part of the overall immigration process at the relevant airports.

These decisions are taken in accordance with Irish law and take fully into account our international obligations. For example, should a person claim international protection, their case will be fully considered under the International Protection Act 2015. US officials have no role in the matter. An Garda Síochána is also responsible for providing policing and maintaining law and order in preclearance areas, again in accordance with the provisions of the Act of 2009.

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