Over 1,000 deportations overturned
MORE than a thousand asylum seekers have had their deportation orders overturned since 2022, figures secured by Aontú leader Peadar Tóibín reveal.
Many were quashed under a special amnesty announced by the Department of Justice in December 2021.
For a limited period of six months, people resident in the State for four years without permission, or three years in the case of those with children, were granted naturalisation. Those with an existing deportation order could also apply. Responding to queries from Mr Tóibín, Justice Minister Helen McEntee said that 998 orders were overturned in 2022 and 2023, with a further 102 overturned so far this year.
Commenting on the amnesty and numbers, Mr Tóibín said: ‘These figures are eye-watering and raise many questions.
‘Obviously there are certain circumstances where it is appropriate for the Minister for Justice to revoke an order especially on humanitarian grounds, where an individual... has been here for some time and has children in Ireland.’
However, he said, amidst pledges by Government to toughen up on immigration, ‘The number revoked is shockingly high’ and ‘there are serious questions to answer.’
In response, Ms McEntee said: ‘Any person ordered to leave the State who fails to do so is committing a criminal offence... however Section 3(11) of the Immigration Act 1999 provides that a deportation order may be revoked.
‘The Department receives submissions from those seeking this be invoked in their case.’
In assessing such submissions, she said: ‘Consideration is given to whether there is compelling new information or material changes in circumstances which were not previously put forward, nor capable of being put forward, when the original decision was made.
‘The main grounds advanced relate to the extent to which an individual has established family, employment, and other connections here. Submissions are carefully assessed including in the context of any rights arising and a criminal records check is carried out in each instance.
‘Cases since 2022 include persons who qualified under the Regularisation of Long-Term Undocumented Migrants Scheme’ – a scheme established under the Minister’s executive powers to regularise the status of these migrants.
Commenting on the figures, Independent TD Michael McNamara – who recently revealed the State deported only three asylum seekers in 2023 under the Dublin III convention – said it’s ‘the natural outworking of a chaotic disorganised system... that takes too long coming to decisions then fails to implement them once they are made.’
Responding to queries, a Justice spokesman told the MoS: ‘It’s the law that a person against whom a deportation order has been made can make submissions for it to be set aside. A decision is made by a senior official in the Department.
‘Many people who have deportation orders set aside have spent a long period in the country, and so have formed significant family connections or have personal circumstances which warrant consideration,’ the spokesman added.