The Justice and Equality minister has the power to issue deportation orders against non-EEA nationals who are in Ireland without permission from his/her office, pursuant to section 3 of the Immigration Act 1999.
Undocumented individuals are issued with a letter that confirms the intention of the minister issuing a deportation order against them, normally known as the ‘Section 3 Letter’. After this issuance, the individual has 3 options and a 15-day deadline to respond to the letter. The options are:
- Consent to a deportation order
- Leave Ireland voluntarily within a specific period
- Submit a Humanitarian Leave to Remain application
If you choose option 1, of course, a deportation order will be issued against you. If you opt to leave Ireland voluntarily, then you will need to engage with the Voluntary Returns Unit in order to facilitate the departure. And once the confirmation is received and the individual in question has already left the state, then the case will automatically be closed and no deportation order will be issued, obviously.
The other option that the affected individual has is to make submissions explaining why the deportation order shouldn’t be issued against him/her to the minister. This is what we call a Humanitarian Leave to Remain application, and it’s where our company will come in to help you. Generally, the minister is obliged to put several elements of the applicant’s case into consideration and thereafter assess their rights as per the Irish Constitution as well as the European Convention on Human rights. Since these applications need to be thoroughly examined, it might take a longer time for them to be determined. The minister will assess the application fully and thereafter make a determination on whether or not to issue a deportation order against you. If the ministry lawfully considers that application and still maintains their initial decision, then they will push through with the deportation, but if they rule against it and actually find merit, then you will be allowed to remain.
When one gets notified, it is of utmost importance that he or she responds to the notice within the specified time frame, failure to which a lawful deportation order will be issued against them after the expiry of that period. Once the order is issued, the individual is directed to attend the local immigration office by the immigration officer. If he or she contravenes the provisions of the order, they may be liable for arrest and detention for deportation purposes.