The Irish Refugee Council (IRC) has expressed concern that failed asylum-seekers will not receive any explanation as to why they are to be deported following this morning’s Supreme Court decision.
The decision, the result of a challenge by three asylum-seekers to immigration legislation under which they were due to be deported, means that people facing deportation will only receive the current standard deportation notice which does not include details of why their claim to remain in the State was turned down.
In its ruling, the Supreme Court held the current standard deportation letter contained sufficient reasons and that those reasons were sufficiently understandable.
It added that there was no inadequacy, technical or otherwise, in either the letter of notification or the orders of deportation.The decision affects all individuals who face deportation.
At present, an individual who receives a deportation order has the right to make written representations to the Minister for Justice, Equality and Law Reform setting out the reasons why they should not be deported - for example, humanitarian considerations.
But the Minister can exercise discretion on whether to grant leave to remain in the country.
"Many individuals’ make representations on international law such as the European Convention on Human Rights, but without a reasoned response it is not clear whether these arguments are being taken fully into consideration," Mr Dug Cubie, Legal Officer for the Irish Refugee Council said.
"An individual who is facing deportation, and possibly human rights abuses, should always be informed personally as to why s/he is being deported, rather than simply receiving a standardised letter.
"This is essential for transparency of decision-making, and for individuals to be able to challenge an unjustifiable deportation order
"Some people in need of international protection in Ireland may not be refugees, for example those fleeing from civil wars or generalised violence. The Minister should not be the sole authority to grant such protection.