Written answers

Tuesday, 17 April 2018

Department of Justice and Equality

Immigration Policy

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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484. To ask the Tánaiste and Minister for Justice and Equality the details of the statute to prevent persons that have abused international human rights to enter Ireland or from doing business here; and if he will make a statement on the matter. [15023/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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It is not clear from the Deputy's question as to which statute he has in mind. In the context of entry to the State, an immigration officer, acting on behalf of the Minister for Justice and Equality may refuse entry to the State to a person where he or her entry or presence in the State could pose a threat to national security or public policy.

In addition, Section 10(2) and 10(3) of the International Protection Act, 2015 set out the grounds that exclude a person from being a refugee under the Act:

(2) A person is excluded from being a refugee where there are serious reasons for considering that he or she—

(a) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(b) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(c) has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.

(3) A person is excluded from being a refugee where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of a crime or an act referred to in subsection (2).

These grounds are considered by the International Protection Office as part of their assessment of applications for International Protection.

In the context of other persons who are in the State, it is open to me, as Minister for Justice and Equality, to make a Deportation Order in respect of such a person. Section 3(2) of the Immigration Act 1999 (as amended) sets out the nature of person in respect of whom such an Order can be made. Section 3(2)(i) specifically provides for the making of a Deportation Order in respect of a person whose deportation would, in the opinion of the Minister, be conducive to the common good.

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