The Minister for Justice and Equality has the power to issue a deportation order against any non-EEA national who is in the state without lawful permission.
Prior to issuing a deportation order, the Minister will issue a notice of intention to issue a deportation order. This is known as the “Section 3 letter” and it provides the non national with 3 options and a deadline of 15 days within which to respond. The options are as follows;
- Consent to a Deportation Order
- Leave the State voluntarily
- Seek Permission to Remain in the State
Where the notified person consents to the deportation order, the order will issue imminently and where a person offers to leave the state voluntarily they will engage with the Voluntary Returns Unit. The notified person also has the option to make submissions as to why a deportation order should not be issued against them through humanitarian leave to remain application.
If such an application is unsuccessful or if a deportation order is issued. The Minister may require a non-national to leave the state within such a period of time as specified in the order. If they do not, the state may remove the person.
It is a criminal offence to contravene a deportation order.
Revocation of a Deportation Order
Section 3(11) of the Immigration Act gives the Minister the power to amend or revoke a deportation order. An application under s3(11) should be based upon new information which was not available at the time of issuing the initial deportation order. In order to succeed in such an application there must be “substantial grounds” for appeal.
An application for revocation does not suspend a deportation order. While an application is being considered a person may be directed to attend at their local immigration office or at the GNIB in Dublin at specified times and dates.
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