It is a central priority for me that Ireland’s immigration system is robust and rules based. The enforcement aspects of our laws, including deportation orders, are an essential requirement for the system to work effectively and to ensure that there is confidence in the application of our legislation in this area.
A deportation order is a legal order to leave the State and is made following a full assessment of a person’s individual circumstances by the Repatriation Division of my Department or, in the case of individuals in the International Protection System, by the International Protection Office. A decision to make a deportation order will only be made after a fair and comprehensive examination of the all the facts and circumstances of the individual case has been conducted; any such decision will be in line with immigration legislation and will include a consideration of any relevant Constitutional rights and rights under the European Convention on Human Rights (ECHR). Relevant domestic case law and ECHR case law provide guidance in how such laws should be interpreted and form part of such considerations. Where the removal or exclusion of a person may involve matters comprehended by European Union (EU) law, any relevant provisions of the EU Charter of Fundamental Rights will also be examined. Such considerations of compliance with domestic and international law arise in the making of such decisions, as well as their implementation or where an application to revoke such a decision must be examined.
My Department keeps under review all domestic and international legislation and case law concerning immigration matters, including removals, to ensure that appropriate steps to comply with or challenge such case law is taken, or in the case of legislation, to seek changes, if appropriate.
At a recent meeting of Justice Ministers meeting at the Council of Europe on the European Convention on Human Rights and Migration, I reiterated Ireland’s support for the European Convention on Human Rights and for the Court as critical elements of the architecture of the rule of law in Europe.
At this meeting I expressed concerns regarding the challenges arising in relation to migration and the need to ensure that the Convention is understood and applied in a way that meets its core objectives of protecting fundamental rights, while at the same time recognising:
• The realities faced today regarding the expulsion of foreign criminals
• The need for clarity about inhuman and degrading treatment
• The need for innovative solutions to address migration
• The need for an appropriate balance between individuals’ rights and the public interest, and
• The need to address the instrumentalisation of migration.
The specific type of data relating to the number of deportations that could not proceed as a direct result of ECHR case law is not readily ascertainable. Submissions on behalf of applicants and decisions made by my Department in such cases, will generally encompass a broad range of factual as well as domestic and international legal issues; identifying where ECHR case law, in isolation, was the single determinant in a decision would require the careful manual examination of such material in a large number of departmental files to ensure that a comprehensive answer to question raised by the Deputy could be provided. Such an examination would be voluminous in nature, and would require a significant amount of staff time and resources and could not be warranted.
