Written answers

Thursday, 10 December 2020

Department of Justice and Equality

International Protection

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

57. To ask the Tánaiste and Minister for Justice and Equality the steps she plans to take in cases in relation to several health care workers who have been given notice that they may face deportation as their applications for international protection have failed in view of the considerable service these applicants have given to the State during the Covid-19 crisis. [42531/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I fully acknowledge the important contribution that migrants have made to health and social care and other essential services in Ireland during the pandemic and beyond. I can assure the Deputy that humanitarian factors, employment records and other elements are considered as part of the permission to remain process. Each case is examined in detail on its individual merits, taking all factors into account. 

My objective is to have decisions on international protection applications and permission to remain considerations made as soon as is possible. This ensures that those who are found to be in need of protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security. 

During the early stages of the pandemic, it was decided to issue only positive recommendations in respect of International Protection applicants. The aim of this approach was to ensure applicants with negative recommendations were not disadvantaged by the time limits set out in the legislation within which they must make an appeal or request a review of a refusal of permission to remain. Once substantive processing and appeal hearings recommenced in more recent months, so too did the issuing of negative decisions. While the number of negative decisions did not increase, there was a build-up in the issuing of such decisions, with a higher volume than normal issuing once processing recommenced.

For those found not to be in need of international protection, a detailed consideration of all aspects of their case will have been carried out before a decision is made to grant permission to remain in the State or to make a Deportation Order. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights as well as consideration of their work situation, among other issues.

When a person receives a letter informing them of their negative international protection decision and informing them that they no longer have permission to remain in the State, they are required to confirm within 5 days if they will accept the option of voluntary return, for which my Department will provide assistance.  To be clear, the person is not required to remove themselves from the State within 5 days – they are required to indicate an intent to do so. The time taken for relevant voluntary return arrangements to be made will take into account all factors, including Covid-19 restrictions and limitations to travel this has created.

For the duration of Level 5 Covid-19 restrictions, I asked my officials to review the issuing of the letters; and no refusal letters, or letters enclosing a deportation order, have issued to anyone who has been unsuccessful in seeking international protection since. The pragmatic approach to deportation orders will continue for the duration of the COVID-19 pandemic.  

If a Deportation Order is subsequently made, s.3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. In making a 3(11) revocation request a person should raise new or changed circumstances in their case including in relation to their country of origin. I encourage people to be as detailed as possible in their representations so that fully informed decisions can be made at the appropriate time. 

Comments

No comments

Log in or join to post a public comment.