Written answers
Tuesday, 11 June 2024
Department of Justice and Equality
Legislative Measures
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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555.To ask the Tánaiste and Minister for Justice and Equality if she intends to change the law in order to preclude persons convicted of rape or other serious crimes in Ireland that constitute a danger to the community of the State from applying for international protection on their release from prison. [25293/24]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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556.To ask the Tánaiste and Minister for Justice and Equality if she will bring forward legislation to amend section 21 (2) of the International Protection Act 2015 to make inadmissible any application for international protection by a person who has been convicted, whether in the State or not, of a particularly serious crime that constitutes a danger to the community of the State. [25294/24]
Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 555 and 556 together.
My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
The International Protection Office (IPO) considers all facts when making a determination on an applicant’s case. An Garda Síochána notify my Department of matters which may be relevant to its examination of an application. Any person being considered for a grant of status (refugee status, subsidiary protection or permission to remain) will have a character and conduct check (including checks for criminality) carried out in respect of them before any such status is conferred on them.
Under section 49(3) of the International Protection Act, a person who might otherwise qualify as a refugee may be refused a refugee declaration where there are reasonable grounds for regarding the person as a danger to the security of the State, or the person, having been convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State. Persons may also be excluded from being a refugee on a range of grounds including that they have committed a serious non-political crime outside the State.
In addition, the International Protection Act further provides that protection applicants, including persons applying in the circumstances referred to by the Deputy, may be detained if it is suspected that they pose a threat to public security or public order in the State, and that detention can be extended or the person may be made subject to conditions by a judge of the District Court. In such circumstances the application is subject to accelerated processing.
I want to assure the Deputy that the Immigration Services maintain ongoing contact with An Garda Síochána and the Irish Prison Service in relation to such individuals and it is a priority of the Immigration Services to seek the removal or deportation of any person posing a threat to public safety or security.
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