Written answers

Wednesday, 26 July 2017

Department of Justice and Equality

Immigration Controls

Photo of Fiona O'LoughlinFiona O'Loughlin (Kildare South, Fianna Fail)
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598. To ask the Tánaiste and Minister for Justice and Equality if he will provide a report on the circumstances of and the reasons for the detention of a person (details supplied) in Mountjoy Prison on 18 July 2017 ; if Brazilian visitors staying less than 90 days here require a visa; and if he will make a statement on the matter. [36665/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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It would not be appropriate for me to comment on the individual circumstances of a person refused permission to enter the State. However, the general position in relation to refusal of permission to enter the State is as follows.

There are a total of twelve grounds on which an immigration officer may refuse to give a permission to enter the State and these are set out in Section 4(3) of the Immigration Act 2004 (as amended by the International Protection Act 2015). A person may be refused permission to enter the State based on one or more of these grounds. Immigration officers are required to provide a written notice to the person refused entry that sets out the reasons for the decision. In all cases, removals from the State are conducted in accordance with the law. Translation facilities are available where necessary. An immigration officer before confirming a decision to refuse permission will consult with his or her Supervisor.

Section 5 of the Immigration Act 2003 (as amended by the International Protection Act, 2015), contains the main provisions dealing with the removal from the State of persons refused leave to land and specifies that a person to whom this section applies may be arrested by an immigration officer or a member of the Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State, which must be as soon as is practicable. It is the practice to remove persons from the State on the next available flight. Arrest, detention and removals from the State are essentially operational matters for the Garda National Immigration Bureau who work closely with civilian immigration officers on these matters.

In relation to Brazilian nationals, they are not subject to any Irish entry visa requirement. However, every non-national (whether visa required or not) coming by air or sea from a place outside the State is required, on arrival in the State, to present himself or herself to an immigration officer and apply for permission to enter the State. The immigration officer will make all necessary enquiries and checks to ensure that the person meets the entry requirements for the intended purpose of stay.

More generally Ireland operates a fair, secure and effective immigration system, and indeed, the Irish immigration system is one of the least burdensome for visitors. Immigration officers respect the dignity of all persons they engage with and carry out their functions with professionalism and care. It is equally expected that persons seeking entry to the State provide accurate and full information as to the purpose of their entry.

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