285. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if there is a cut-off point for a person who has had a deportation order for a number of years (details supplied); and if he will make a statement on the matter. [30031/18]
Minister for Justice and Equality (Deputy Charles Flanagan): I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information requested by the Deputy is as set out below.
The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3(6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.
A deportation order requires the person concerned to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. A deportation order is of no definite duration but it is open to the subject of such an Order to make an application to have it revoked where there is a change of circumstances since the Order was made.
It is to be noted that the enforcement of deportation orders is an operational matter for the Garda National Immigration Bureau (GNIB).
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.