Holly Cairns (Cork South West, Social Democrats)
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595. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the Immigration Detention and Border Control in Ireland report, which documents immigration-related detention practices including the absence of appeals or a complaints process for persons refused leave to land at the border; and if she will make a statement on the matter. [17106/20]

Helen McEntee (Meath East, Fine Gael)
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My Department is aware of the Report to which the Deputy refers. Indeed, officials of my Department, the Prison Service and other agencies participated in key stakeholder interviews for the purposes of the Report.

As the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to those persons not entitled to enter the State. This is a fundamental exercise of State sovereignty necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is subject to the law and respect for individual rights.

Detention in a Garda Station or prison of a person refused entry to the State is undertaken as a last resort. Indeed, there is a statutory obligation to return a person refused entry permission as soon as is practicable. Most persons are returned on the same day that they are refused entry.

A refusal of leave to land by the Border Management Unit is always signed off by a more senior civil servant.

It is important to note that a refusal of leave to land, unlike a deportation or a removal order, does not prevent the person from seeking to enter the State in the future if they satisfy the conditions for entry. The principle of non-refoulement applies to these decisions.

The relevant provisions on immigration related detention are kept under ongoing review and the recommendations in this Report will be considered in that context.