The Repatriation Division of the Immigration Service Delivery is the unit responsible for dealing with people who no longer have permission to remain in the State. This includes those whose international protection claim has been refused and those who have become illegally resident. It is this division that decides on deportations, on renewals of permission to remain, and on requests to revoke deportation orders. Understanding how the process works, and above all the deadlines involved, makes a real difference to the rights a person is able to exercise.
The notification under Section 3
When a person becomes illegally resident in the State, or has their international protection claim refused by the Minister for Justice, they receive a notification of intention to deport, issued under Section 3 of the Immigration Act 1999. This notification is sent to the person and also to their legal representative, where those details are known.
From that moment, three paths become available. The person may leave the State voluntarily, may consent to deportation, or may submit written representations to the Minister setting out why a deportation order should not be made against them. Those representations must be submitted within 15 working days of the notification, and that window is short. This is why seeking legal advice as soon as the letter arrives is so often decisive.
What the Minister considers
Each case is decided on its own merits. In examining any representations submitted, the Minister is required to have regard to the factors set out in Section 3(6) of the Immigration Act 1999. These include the person’s age, their duration of residence in the State, their family and domestic circumstances, the nature of their connection with the State, their employment record and prospects, their character and conduct (including any criminal convictions), humanitarian considerations, the common good, national security and public policy, and the prohibition of refoulement.
Following that analysis, the Minister decides whether to make a deportation order or, alternatively, to grant temporary permission to remain in the State. Where permission is granted, the person is informed of the conditions attached to it, of the circumstances in which it may be revoked or not renewed, and of how to register and later apply for renewal.
The deportation order
If a deportation order is made, it is served on the person by means of a letter requiring them, by law, to present at the Garda National Immigration Bureau (GNIB) on a specified date and time in order to make arrangements to leave the State. This obligation must be taken seriously. Failing to present at the GNIB on the appointed date is treated as an attempt to evade deportation, and the person becomes immediately liable to arrest and detention until removal is carried out.
Can a deportation order be revoked?
Yes, this route exists. Using Form 3.11, together with the criminal declaration form, a person may ask the Minister to reconsider and revoke the order, under Section 3(11) of the Immigration Act 1999. The heart of such an application is presenting new or changed circumstances that were not previously put before the Minister. The forms are sent to the Repatriation Division by post or by email. While the application is being considered, the person remains obliged to comply with any reporting requirements imposed by the GNIB.
Voluntary return
It is also worth remembering that the division supports people who prefer to return voluntarily to their country of origin, offering practical assistance throughout that process.
This article is an informational summary and does not replace individual legal advice. Every situation carries particular features that can significantly change the options available, and the deadlines involved are tight. If you or someone close to you has received a notification from the Repatriation Division, the wisest course is to seek specialist legal support as early as possible, so that no avenue of defence is lost for want of time.
We would be glad to assist you with your case, please contact us at info@mcgrathmullan.ie and our team will get back to you with information about our services and fees.
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