Peadar Tóibín (Meath West, Aontú)
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596. To ask the Tánaiste and Minister for Justice and Equality if immigrants to Ireland are checked for previous criminal records; if immigrants from the European Union or outside of the European Union are allowed by the State to stay in Ireland in cases in which they have found guilty of a crime, in particular a violent crime; if not, if they are returned to their home country; and the number of European Union and non-European Union immigrants who have been sent home to their home countries in each of the past ten years for having a criminal record or having a history of violent or sexual assault. [4389/22]

Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that EU citizens do not require a visa to travel to Ireland and may reside freely in any EU Member State. Furthermore, EEA and Swiss nationals are not required to register with immigration authorities.

Not all non-EEA nationals are visa required. A full list of visa required and non-visa required countries can be found on my Department's website at: www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf .

All visa applications are automatically checked against the relevant databases. Applicants must declare any criminal convictions and any negative immigration history, such as visa refusals or deportations, in any country. My Department also carries out routine checks with other countries through our local visa office and mission network abroad, as required.

Furthermore, the granting of a visa does not guarantee entry into the State. Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individual to have all documentation relating to their reasons for entering Ireland ready for presentation to the Immigration Officer to gain entry.

Under the European Communities Free Movement of Persons Regulations 2015, I may make a removal order in respect of an EU national who represents a danger for public policy or public security if their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. If an EU national residing in Ireland is found guilty of a crime, including a violent crime, the Garda National Immigration Bureau will notify my Department.

However, if the person has resided in the State for more than 10 years or is under the age of 18 years, a removal order can only be made on imperative grounds of public security. The family and economic circumstances of the person are also assessed, the nature of their social and cultural integration in the State, the health of the person and their links with their country of origin, in deciding whether or not to make such an order.

For non-EU citizens residing in Ireland, each individual immigration case is assessed under the criteria set out in Section 3(6) of the Immigration Act 1999 (as amended). These criteria include the age of the person, their duration of residence in the State, the family and economic circumstances of the person, their character and conduct, including any criminal convictions and considerations of national security and public policy. The individual’s ‘character and conduct’ is assessed both within and (where relevant and ascertainable) outside the State. Any and all criminal convictions are considered, including violent crime. An Garda Síochána notify my Department of matters which may be relevant to its considerations. Equally, any permission granted can be revoked if the individual fails to obey the laws of the State or becomes involved in criminal activity.

If the crime is serious or a violent crime, the person may be removed to their home Member State or deported to their country of origin.

Since 2012, 634 EU citizens were removed from the State, all of whom had criminal convictions. The yearly breakdown is as follows:

Since 2012, 1,012 non-EU citizens have had deportation orders enforced.

The yearly breakdown is as follows:

All those removed or deported during this period would have breached the Immigration Act or had more serious criminal convictions. The statistics are not maintained by my Department in a manner that would allow for further breakdown as requested by the Deputy. However, I can confirm that the five people deported in 2021 all had criminal convictions.

Peadar Tóibín (Meath West, Aontú)
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597. To ask the Tánaiste and Minister for Justice and Equality if illegal immigrants for whom she is seeking to provide an amnesty have a criminal record or a history of violent or sexual assault; if so, the number who have a criminal record; and if those with a criminal record or a history of violent or sexual assault can be sent home to their home countries. [4390/22]

Helen McEntee (Meath East, Fine Gael)
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The Regularisation of Long Term Undocumented Migrants Scheme opened for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close.

The scheme is not an amnesty. It is a once-in-a-generation opportunity for people who are undocumented in the State to make an application to regularise their position, where they meet the scheme's clearly defined criteria.

The scheme is only open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.

All applicants over the age of 16 years will undergo e-Vetting with An Garda Síochána as part of the process. Applicants will also be asked to complete a criminal declaration as part of the application form.

When examining applications under the scheme, my Department will take into consideration information relating to the applicant's character and conduct, including information from An Garda Síochána and other public authorities regarding any behaviour of a criminal nature considered to be contrary to the common good and/or public policy. My Department may refuse to grant a residence permission to any applicant on that basis.

Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application unsuccessful. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).