Cormac Devlin (Dún Laoghaire, Fianna Fail)
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500. To ask the Tánaiste and Minister for Justice and Equality if she will consider an appeals process for the regularisation scheme for undocumented people, to allow a degree of discretion for people who fall just outside the criteria; and if she will make a statement on the matter. [61920/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The scheme for the Regularisation of Long Term Undocumented Migrants closed on 31 July 2022. This once in a generation scheme was designed to give long-term undocumented people without a current permission to remain in the State, the chance to regularise their status, access the labour market and begin their path to citizenship.

My Department had significant engagement with the NGOs in this sector before and during the timeframe for applications and also widely advertised the scheme in advance of and during the 6 month window it was open. Additionally, a targeted media campaign was launched during the final weeks of the scheme.

If an applicant is unsuccessful for this scheme, they have the option to appeal this decision. The refusal letter, as well as the immigration website, contains information on how to submit an appeal. The appeal will also only be judged based on the published criteria.

If their appeal application is also unsuccessful then they will be issued with a proposal of intention to deport under section 3 of the Immigration Act 1999, as amended.

Under the Section 3 process, the applicant will have the option to voluntarily leave the State or to make submissions to the Minister as to why a deportation order should not be made against them. The Minister is obliged to consider any relevant constitutional and convention rights, such as family life rights and private life rights, before making a decision on whether to make a deportation order. A full consideration of all aspects of their case would be carried out before a decision is made to grant a permission to remain in the State or to make a Deportation Order.

If a person was not eligible or did not apply for the scheme and remains resident in the State without an immigration permission I encourage them to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status.

Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally.

The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.