Charles Flanagan (Laois, Fine Gael)
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It is important that the Deputy is aware that the State cannot and does not deport asylum seekers who have applied for protection under the International Protection Act 2015. Section 16 of the International Protection Act 2015 provides for a protection applicant to remain in the State while their protection application is being examined. Such permission stays in place during the determination of their claim by the International Protection Office and any subsequent appeals bodies or the Courts.

All applicants for international protection are interviewed and their cases are individually assessed. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin). Supporting documentation submitted by applicants is also taken into account. Country of Origin information is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board. Applicants may appeal a recommendation by the International Protection Office that they are not in need of international protection to the International Protection Appeals Tribunal. It is also important to note that free legal aid is available to applicants for international protection. All stages of the process may be the subject of additional judicial reviews.

When after these extensive procedures an applicant has been found not to be in need of international protection, that person is no longer an asylum seeker and in need of international protection.

Failed asylum seekers are also considered by the Minister under section 49 of the International Protection Act 2015 as to whether the person should be given a permission to remain on other grounds, including for humanitarian reasons. A refoulement consideration must also be carried out under section 50(1) of the Act prior to a deportation consideration. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment. Clearly, no person is returned to their country of origin, or their place of former habitual residence, where there is a credible risk to their life or freedom

Only after all of these matters have been considered, and the appropriate evidence-based conclusions drawn, can a decision to deport a person whose application has failed. The Deputy can be assured that all matters advanced by a person facing deportation are considered in detail before the ultimate decision, to deport or not to deport, is taken.