Repatriation

Business functions of Repatriation Division

The primary business functions of the Repatriation Division of the Irish Naturalisation and Immigration Service are;

to consider and make decisions on the cases of failed asylum seekers/ persons illegally present in the State who have been served with a notification of intention to deport, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended),
to consider and make decisions on applications for Subsidiary Protection in the State submitted by failed asylum seekers,
to make practical arrangements for the deportation of persons issued with a Deportation Order or a Removal Order,
to make practical arrangements for the transfer to another State of persons issued with a Dublin II Regulation Transfer Order,
to assist in the voluntary return to their countries of origin of failed asylum seekers or other non-EEA national persons who wish to avail of this option (see separate material on Voluntary Returns),
to consider and make decisions on applications for renewal of leave to remain in the State submitted by persons already granted such status,
to consider and make decisions on applications for the revocation of an existing Deportation Order, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended),
to respond, on behalf of the Minister, to legal challenges to any of the Division's decisions and
to carry out all administrative support functions arising from the Division's areas of responsibility.

The Repatriation Division works in close co-operation with the Garda National Immigration Bureau (GNIB) in the arrangement of deportations and Dublin II Regulation transfers.

Specific to cases dealt with under the provisions of Section 3 of the Immigration Act, 1999 (as amended)

Any person who is formally refused a declaration of refugee status by the Minister for Justice and Equality, and any person who otherwise becomes illegally resident in the State, is issued with a notification of intention to deport as provided for under Section 3 (3) of the Immigration Act, 1999 (as amended). This notification, which is also sent to the person’s legal representative if known, advises such persons of the options open to them at that point in time which are to (i) leave the State voluntarily, (ii) consent to deportation or (iii) to submit, within a period of 15 working days, written representations to the Minister for Justice and Equality setting out reasons as to why they should not have a Deportation Order made against them.

All cases dealt with under the provisions of Section 3 of the Immigration Act, 1999 (as amended) are considered on their individual merits. In each individual case, the representations (if any) submitted are examined having regard to the eleven factors set out in Section 3 (6) of the Immigration Act, 1999 (as amended) with these factors being as follows:

the age of the person,
the duration of residence in the State of the person,
the family and domestic circumstances of the person,
the nature of the person's connection with the State, if any,
the employment (including self-employment) record of the person,
the employment (including self-employment) prospects of the person,
the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions),
humanitarian considerations,
any representations duly made by or on behalf of the person,
the common good and
considerations of national security and public policy.

Following the consideration of any such case, including a specific consideration on the position of the person vis a vis Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a decision is made by the Minister for Justice and Equality as to whether the person in question should become the subject of a Deportation Order or if, instead, Leave to Remain temporarily in the State should be granted.

Specific to persons granted Leave to Remain in the State

Where a decision is made to grant Leave to Remain in the State, this decision is conveyed in writing to the person in question and to his/her legal representative, if known. This communication also advises the person in question of the conditions attaching to their permission to remain in the State, the circumstances under which this permission can be revoked, the means by which they can become ‘registered’ in the State and the process involved in applying for the renewal of such permission.

Specific to persons who become the subject of a Deportation Order

Where a person becomes the subject of a Deportation Order, this Order will be served on the person in question. Any such Deportation Order ‘service notification’ will advise the person in question of the legal requirement that they ‘present’ themselves at the Offices of the Garda National Immigration Bureau on a specified date and time in order to make arrangements for their deportation from the State. From this point on, the enforcement of the Deportation Order becomes an operational matter for the Garda National Immigration Bureau.

A similar process applies to persons served with a Dublin II Regulation Transfer Order or a Removal Order.

Any person, be they subject to a Deportation Order, a Dublin II Regulation Transfer Order or a Removal Order, who fails to ‘present’ on such an occasion is deemed to be evading their deportation/transfer/removal and, as such, will immediately become liable to arrest and detention for the purposes of effecting their deportation/transfer/removal from the State.

Specific to applications for Subsidiary Protection in the State

Any person who is formally refused a declaration of refugee status by the Minister for Justice and Equality is, in addition to the options referred to above, also notified of their entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006). These Regulations came into force on 10 October 2006.

Where such an application is being made, and the application is being submitted on the applicant’s behalf by their legal representative, the application must contain the applicant’s signature. If an application is submitted without the applicant’s signature, this will not be deemed to be a valid application and will not be considered.

All applications for Subsidiary Protection are considered in strict accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006.

Specific to successful Subsidiary Protection applicants

Where an application for Subsidiary Protection is approved, the successful applicant is notified in writing of the decision and is also notified of the rights and entitlements accompanying such status and of the means by which they can become ‘registered’ in the State. Foremost among these rights and entitlements are (i) the right to remain in the State for an initial, renewable, three year period and (ii) an entitlement to apply for family reunification in respect of qualifying family members. Qualifying family members are as set out in Section 16 of the European Communities (Eligibility for Protection) Regulations, 2006.

Specific to unsuccessful Subsidiary Protection applicants

Where an application for Subsidiary Protection is refused, the unsuccessful applicant is notified in writing of the decision and is also sent a copy of the written submission in his/her case which will show why the application has been refused.

Where an application for Subsidiary Protection is refused, the unsuccessful applicant will then have his/her position in the State determined by reference to the provisions of Section 3 of the Immigration Act, 1999 (as amended).

Additional information for legal representatives

Under data protection provisions, the Department of Justice and Equality cannot correspond with a person's legal representative without evidence being provided of that person’s written consent authorising the legal representative to act on his/her behalf.

Legal representatives should also note that, ordinarily, requests for a copy of the papers on their client’s file will not be facilitated given that all relevant documentation will have been provided to the client and his/her legal representative at earlier stages of the process. This will apply both within and outside of the confines of the Freedom of Information Act.

In cases where a person changes from one legal representative to another, the new legal representative should obtain the relevant documents from the original legal representative rather than seeking to obtain a copy of same from the Department of Justice and Equality.

How to contact us

Repatriation Division,

Irish Naturalisation and Immigration Service
Department of Justice and Equality
13/14 Burgh Quay
Dublin 2

Main Telephone: + 353 1 6167700

Telephone (within Ireland): *Lo-Call 1890 551 500
Telephone (from outside Ireland): + 353 1 616 7700

*Please note that the rates charged for the use of the 1890 (LoCall) numbers may vary among different service providers. It is recommended that you only ring these numbers using a landline as calls made using mobiles may be expensive.

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