In the case of Laurentiu v Minister for Justice, Equality and Law Reform [2000] the Aliens Act 1935 was found to be unconstitutional in the manner in which it gave the Minister for Justice, Equality and Law Reform the power to deport. In effect the Minister was found to be without statutory powers in relation to deportation of non-Irish nationals from the State. The Immigration Act 1999 was designed to remedy this gap. The Act sets out the principles, procedures and criteria which govern the detention and removal of non-Irish nationals from the State, and makes provision for the issuing of deportation and exclusion orders. The Act allows the Minister for Justice, Equality and Law Reform to require any non-Irish national to leave the State and remain thereafter out of the State.
The Act also lays out the matters to which the Minister is required to have regard in determining whether to make a deportation order. These matters are (a) the person’s age, (b) duration of residence in the State, (c) family and domestic circumstances, (d) the nature of their connection with the State, (e) their employment record, (f) their employment prospects, (g) their character and conduct, (h) humanitarian considerations, (i) any representations made, (j) the common good, and (k) considerations of national security and public policy. The Act gives the Minister power to amend or revoke a deportation order, and provides for the arrest and detention (for a period or period not exceeding eight weeks in aggregate) of a person against whom a deportation order is in force. This Act also amended the Refugee Act 1996 substantially, inter alia, establishing the Refugee Appeals Tribunal in place of the Appeals Authority.
