Thursday, 17 December 2020
Department of Justice and Equality
495. To ask the Tánaiste and Minister for Justice and Equality the extent to which a request for immigration access to naturalisation remains available in the case of a person (details supplied); and if she will make a statement on the matter. [44631/20]
The immigration case of the person concerned was considered under section 3(6) of the Immigration Act 1999 (as amended) and resulted in a Deportation Order being made in respect of them on 24 February 2020. Notification of that Order was issued by registered post dated 19 August 2020. That communication also advised the person concerned of the requirement that they present to the Garda National Immigration Bureau (GNIB) on 19 September 2020, to make arrangements for their removal from the State. I am advised that they failed to do so.
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.
The effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside of the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau (GNIB). However, I can assure the Deputy that both my own Department and the GNIB are taking a pragmatic approach in relation to the enforcement of Deportation Orders during the current COVID-19 pandemic.
If a Deportation Order is made, Section 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 revocation request a person can 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 to me and my Department so that fully informed decisions can be made at the appropriate time.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.