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Forced Removal
187
IRELAND
The legal basis for removal in Ireland is the Immigration Act 1999, Section 3, amended by
Section 10 of the Illegal Immigrant (Trafficking) Act 2000.
Rejected asylum seekers may lodge an appeal within 15 working days from the date of the
decision. A dedicated specialist tribunal, the Refugee Appeals Tribunal (RAT) hears these
appeals. Asylum seekers whose applications are deemed manifestly unfounded must submit
appeals within ten days. 5
On Refugee Convention claims, an appeal goes from the Refugee Agency Commissioner (RAC)
to RAT, and there is thus only one level to which an appeal may be made. However, in effect,
there is an additional stage in the process, in the form of the application for “temporary leave to
remain” (TLR). This is normally called “Humanitarian Leave to Remain” – HLR – and is
referred to in official correspondence informing of the 15-day time frame. In practice, once the
RAT rejects the asylum claim, a letter is sent within four to eight weeks, informing the applicant
and giving him/her 15 days to make submissions to the Minister for Justice Equality and Law
Reform as to why he/she should not be removed.
In case the rejectee does consent to the deportation within 15 working days of receiving the
Ministerial notification, removal is arranged as stipulated under the Immigration Act 1999,
Section 3 (4(c)) as soon as practicable. A deportation order ceases to have effect where the
deportation cannot be enforced within three months.
The Immigration Act 2003 Section 5 (8 (b)) complements the regulations on deportation by
emphasizing the rejectees’ obligation to cooperate in any necessary way to their removal. If
migrants refuse to cooperate, they can be fined up to EUR 3,000 and/or sentenced to imprisonment
for a term not exceeding 12 months.
Cooperation also includes, according to Section 5, the obtaining of travel documents, tickets or
other documents required for the removal and the compliance of the person with any request
from the immigration officer, and to be removed, and to sign or provide fingerprints on relevant
documentation 6 for the police.
Detention
Under the Immigration Act 1999, Section 5 (1), a detention order is issued if a non-national:
a) Failed to comply with any provisions of the order or with a requirement in a notice under
Section 3 (3) (b) (iii);
b) Intends to leave or enter Ireland (or Schengen territory) illegally;
c) Destroyed his/her travel documents or possesses forged identity documents;
d) Intends to avoid removal.
Minors are excluded from this provision.