Under Section 3 of the Immigration Act 1999 the Minister can made a Deportation Order for various different reasons and this must be in accordance with constitutional justice requirements.
Section 50 of the International Protection Act 2015
A person cannot be expelled from the state if the life or freedom of the person is threatened based on race, religion etc.
The Minister is required to consider a number of matters while considering the evidence but humanitarian concerns is one such consideration.
European Charter on Fundamental Rights
Degrading treatment and torture is prohibited by the EU charter along with other freedoms provided for in the charter.
Notification of Deportation
The person will generally be notified in writing of the Ministers deportation proposal and this will be in the persons own language.
The person is entitled to make their own representations then within a short timeframe.
As this is an urgent matter the person cannot be passive and representations must be made with an urgency on humanitarian or compassionate grounds if the person is not consenting to the proposal.
If there is an endangerment to life, for example, this must be brought to the attention of the Minister.
Article 41 Irish Constitution – Family
Any relevant family concerns as a consequence of the deportation must be brought to the attention of the Minister as the Constitution protects the family unit.
Constitutional Right of Access to the Courts
If a person receives a deportation order they have a right to challenge the validity of the order.
The court can apply a reasonableness test and proportionality test after review of the facts with respect to the deportation decision.
If you wish to contact an immigration solicitor with queries about employment permits you can contact us on 052 61 21999 or 01 546 1121.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Areas of Immigration Law
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