Mattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context | Oireachtas source

683. To ask the Tánaiste and Minister for Justice and Equality the actions taken when a person seeking international protection is found guilty of a crime in this State; if such persons will have their leave to remain in the state revoked and be deported; the reason there has been evidence of instances of international protection applicants being involved in crime and released on bail; the number of international protection applicants brought before the courts charged with serious offences in the past 24 months; if no such record exists, if he will commit to asking the court services to retain such records; and if he will make a statement on the matter. [7814/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It is a central priority for me as Minister that our immigration laws are robust and enforced. The removal of persons in the immigration system who are involved in criminality or who are a danger to society is an essential requirement for the system to work effectively and to ensure that our people have confidence in the application of our laws in this area.

Criminal convictions are considered when processing an international protection application. As part of this, character and conduct checks are carried out before applicants can be granted any permission to remain in the State. An Garda Síochána notify the Department of matters which may be relevant to its considerations.

Immigration Services maintain ongoing contact with An Garda Síochána in relation to any 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.

Section 52 of the International Protection Act 2015 provides for the revocation of refugee status or subsidiary protection status by the Minister in a number of circumstances. Section (4(7) of the Immigration Act 2004 provides that a permission to remain may be renewed or varied by the Minister, or by an immigration officer on his or her behalf.

In consideration of cases for revocation and continuation of their immigration permission to be in the State, detailed consideration must be given to a wide range of factors including the nature of offences, other ties to the State, non-refoulement considerations as well as jurisprudence in this area.

Under Section 3 of the Immigration 1999, as amended, a Deportation Order may be issued on a number of grounds, including:

• under Section 3(2)(a,) a person who has served or is serving a term of imprisonment imposed on him or her by a court in the State,
• under Section 3(2)(b), a person whose deportation has been recommended by a court in the State before which such person was indicted for or charged with any crime or offence,
• under Section 3(2)(i), a person whose deportation would, in the opinion of the Minister, be conducive to the common good.