A non EEA national who is undocumented in the State may be issued with a Notification of Intention to Deport letter from the Minister for Justice and Equality, pursuant to Section 3 of the Immigration Act 1999.
Under the Act, the Minister is required to issue this notice prior to issuing any deportation order. The notice invites the non EEA to submit an application known as the Humanitarian Leave to Remain application, in which the Minister is required to consider a number of humanitarian grounds when determining whether the person may or may not remain in the State.
Under Section 3, the Minister is obliged to consider factors including:
- the age of the person;
- the duration of residence in the State of the person;
- the family and domestic circumstances of the person;
- the nature of the person’s connection with the State, if any;
- the employment (including self-employment) record of the person;
- the employment (including self-employment) prospects of the person;
- the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions);
- humanitarian considerations;
- any representations duly made by or on behalf of the person;
- the common good; and
- considerations of national security and public policy,
The application is submitted to the Repatriation Section of the Department of Justice and Equality. There are very lengthy delays in the determination of these applications, which often take up to two years or longer to be determined.
If the application is successful, the applicant will be given permission to remain usually on stamp 4 status.
If the application is unsuccessful Deportation Order will be issued against the applicant.
We assist clients in making the Humanitarian Leave to Remain application, and liaising between our client and the Department of Justice during the processing of the application