Deportation Orders Update

On the 23rd June, the Supreme Court issued its decision in Sivsivadze –v- The Minister for Justice and Equality, [2015] IESC 53. The case was a significant challenge to the legislative basis of the deportation system in Ireland. The applicants argued that the indefinite duration of deportation orders was disproportionate and therefore an unconstitutional interference with family life rights.

The five judge Court refused and held that as subsections 3(1) and 3 (11) of the Immigration Act 1999 did not restrict the Minister’s obligation to exercise discretion proportionately they were not unconstitutional. It further held that the subsections were not in conflict with Article 15 of the Constitution or in breach of the European Convention on Human Rights (ECHR).

This decision highlights the significance of deportation intention notifications and orders. When a non-EEA national has been found with no permission to be in the State or more commonly when they have made an unsuccessful application for protection or residency, the Minister for Justice and Equality will issue a notification pursuant to section 3 of the Immigration Act 1999 known as a ‘3 options letter’. If you receive a ‘3 options letter’ or are expecting one, it is very important that you obtain early advice and begin to prepare. These applications are very comprehensive. Success is dependent on a number of factors including an applicant’s character, their connections with Ireland, their family circumstances and the position in their country of origin.

In most cases, if a deportation order is made it will exist forever unless there is a dramatic change of circumstances.

Contact Sarah McDonald solicitor if you have any queries in relation to humanitarian leave to remain applications or deportation orders.

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