What Is a Deportation Order?
To be deported means to be removed from a country or place – either as a group or individual. When it comes to immigration law, a deportation order can be used to remove foreign individuals from Ireland and have them sent to a detention centre until they leave the country. The individual may also be prevented from returning to the country for as long as the deportation order is valid.
The Minister for Justice and Equality can legally issue an Irish deportation order against anyone who isn’t an EEA national and is in Ireland without lawful permission. Other reasons that a deportation order might be requested is because the individual has committed a crime that carries a prison sentence or they are a family member of someone who is being deported. Alternatively, it may be believed that it’s in the public interest for the deportation to go ahead. Deportation in Ireland falls under Section 3 of the Immigration Act 1999.
At first, a letter confirming the deportation order will be issued to the individual. This is also known as a Section 3 letter and outlines the individual’s options as well as a 15-day deadline to respond. The individual can either consent to deportation where an order will be made against them or they can leave Ireland voluntarily and the Section 3 case will be concluded. Here, we explain what deported means in full as well as the process and what you can do if you’ve been deported and feel that you shouldn’t or can’t leave Ireland.
How to Cancel a Deportation Order
Anyone who receives a deportation order has the right to appeal and you’ll also be notified of your rights in the letter you receive. What’s more, with an appeal pending, the deportation order cannot be made formally and you can’t be removed from the country. If the deportation order has already been made, though, you will need to apply to have it revoked or cancelled. This process can be lengthy and challenging which is why it’s advised that you get the help of a specialist immigration solicitor.
One of the most common reasons why an individual might face deportation from Ireland is because it’s believed to be in the public interest. However, if the deportation will be going against the Human Rights Act, this reason is null. Instead, the individual being deported can actually challenge or appeal the deportation if it breaches the Refugee Convention or the European Convention on Human Rights (ECHR).
Occasionally, there are compassionate grounds for deportation and removal orders and their appeals. Those who have lived in the country for many years and are fearful of persecution if they’re deported might be able to use this option. Anyone being deported cannot be subject to torture, degrading or inhumane treatment and everyone deserves the right to a private and family life, as well as respect for home and correspondence. No public authority can interfere with this.
If you’ve lived in Ireland for more than five years, and think you’ve wrongly received an Irish deportation order, you are able to submit a request to the minister with details of why you think the order should not be issued. This is also known as a Humanitarian Leave to Remain Application. As a full evaluation is required from the minister, this process can take a long time. Family members may also face deportation from Europe or Ireland if they are being deported. However, it’s true that your children may be able to avoid deportation, even if you’re being deported, for the following reasons:
- They live with another parent
- They live alone and are fully dependent on themselves
- They got married
- They entered a civil partnership
All of the above must have taken place before the deportation order on you was put into place, though. When it comes to applications for appeal, there are deadlines and time limits, which is another reason why enlisting the help of an immigration specialist can be useful. You need to ensure that you don’t miss the deadline and also follow the correct procedures or your application to appeal the Irish deportation may be disallowed.
What Happens When You are Deported?
Depending on the restrictions in place for your deportation from Ireland, you may be held in a detention centre. There could also be restrictions on what you can and can’t do, including restrictions on employment, and where you can live. If you’re not detained in a detention facility, it’s likely that you’ll need to report to the police regularly.
When you’re notified of a deportation order against you, you’ll also be provided with your right to appeal. In this case, and if you think you’ve been wrongly issued a deportation order, it’s recommended that you seek legal advice.
How to Get a Visa After Being Deported
If you’ve been deported, you typically need to write to the minister to revoke the deportation order before you’re allowed to re-enter Ireland and apply for a visa. What’s more, there are entry bans for a number of years depending on the reason for your deportation which could restrict you from entering Ireland for up to ten years. If, however, you leave voluntarily once you’ve been given a deportation order, entry bans are reduced to one year.
If you’re the parent, child, spouse or partner of someone who is legally living in the UK, you might be able to re-enter earlier. In order to apply for a visa, though, an application must be made in writing and sent to your local immigration office, the Irish deportation offices as well as the Irish Department of Foreign Affairs. Again, this can be a difficult and laborious process, which is why a specialist immigration solicitor could help.
Deportation vs Removal
You may have seen the above terms crop up during your searches online for information about deportation. But, the truth is, they mean the same thing. Typically, removal is a more modern term but the proceedings and law surrounding it are still the same as deportation. The only difference between these two terms is that deportation has an official definition in immigration law and the word removal doesn’t.
How Can McGinley Solicitors LLP Help Me Defend a Deportation Order?
As you can see there are lots of things to consider if you or a loved one are facing deportation. What’s more, it can be an incredibly emotive time for everyone involved. If you’re looking to appeal a deportation order, it’s important that you follow the necessary steps and deadlines, which is why enlisting the help of a specialist solicitor can be beneficial.
At McGinley Solicitors LLP, we’re experts when it comes to immigration law as well as Irish citizenship, work permits and stamp permission. In fact, over the last 50 years, we helped thousands of people to live, work and enter Ireland – safely and legally – and you could be next. Simply get in touch with us today.
Irish Deportation FAQs
What happens if I don’t report to the immigration officer at the detention facility?
While your deportation order is being assessed, you may be required to attend a local police station or detention facility on a regular basis. It’s very important that you follow the instructions as, if you don’t attend when requested, this is seen as a criminal offence. Individuals who fail to do this can become liable for arrest.
What is a Section 14 Notice?
If you or a loved one have received a Section 14 Notice, this means Irish immigration officers believe you are in the country without legal documentation. Your passport will be taken from you and you’ll be given a reporting mechanism document. With this, you’ll have to report to the Garda National Immigration Bureau. It’s very important that you don’t ignore this as you could be subject to arrest and deportation, if so.