1999

This act gives the Minister for Justice, Equality and Law Reform authority to issue deportation orders to non- Irish nationals living in Ireland.  The Acts sets out the procedure under which the Minister may issue a deportation order.

If the Minister intends to make a deportation in respect of an individual (including a  person who is not declared as a refugee on appeal), s/he will be notified that the Minister proposes to make a deportation order under section 3 of the Immigration Act, 1999. Where the Minister proposes to make a deportation order requiring the person will be given three alternatives

(i) to make representations to the Minister within fifteen working days setting out why s/he should be allowed remain in the State;

(ii) to leave the State before the Minister decides the matter and inform the Minister in writing of the arrangements that have been made

(iii) to consent to the making of the deportation order within fifteen working days.

The Minister for Justice, Equality and Law Reform must consider certain factors before deciding to deport someone. These are listed in Section 3 (6) of the Immigration Act and are:

(a) the age of the person;
(b) the duration of residence in the State of the person;
(c) the family and domestic circumstances of the person;
(d) the nature of the persons' connection with the State, if any;
(e) the employment (including self-employment) record of the person;
(f) the employment (including self-employment) prospects of the person;
(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State(including any criminal convictions);
(h) humanitarian considerations;
(i) any representations duly made by or on behalf of the person;
(j) the common good and
(k) considerations of national security

To view the Immigration Act of 1999, click here