Deportation Order Ireland
Under Section 3 of the Immigration Act 1999 the Minister can made a Deportation Order for various different reasons set out at S. 3(2) of the 1999 Act.
A person who has received notification of deportation must act with urgency.
If you have any questions, we will be happy to help.
The Minister must consider the age of the person, duration of residence, family and domestic circumstances, employment, character / conduct, the common good, national and any public policy considerations and representations by the person.
The person who has been notified of the proposal to deport, has within 15 working days of the sending of the notification, to make representations in writing to the Minister as to why the person should not be deported.
Therefore the deportee must act with speed and urgency to put his/her best case forward.
If the deportee has a family here then a family life submission under Art 4.1 of the Constitution would be helpful.
The principle of non refoulement is set out at S.50 of the International Protection Act 2015 & S.4 – Criminal Justice United Nations Convention Against Torture Act 2000.
S.50 above states a person cannot be expelled to the frontier of a territory where the life or freedom of the person would be threatened for race, religion, nationality, political opinion, or group membership reasons, where there is a serious risk the person would be subjected to e death penalty, torture or other inhuman or degrading treatment or punishment.
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.
Leave to Remain
If the Minister decides not to deport the person, the person may obtain temporary leave to remain
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.
There is a very short timeframe one can challenge the deportation order and the person must act with urgency in this regard. The High Court via judicial review proceedings can review the decision of the Minister.
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 We Cover
Need Legal Advice ? No Problem. Contact Us Today !
We help people injured due to negligence* attain restitution to their pre-accident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.