The Immigration Bill, setting out the basis on which non-nationals may be deported from the State, has been published. Deportations have been suspended since the 1935 Aliens Act was found to be unconstitutional last month.
The new Bill states the principle that a non-national has the right to be given notice that a deportation is being considered, and to make representations on all aspects of the case.
When making a deportation order, the Minister should consider the age of the person, the duration of his or her residence in the State, the person's domestic circumstances, the nature of his or her connection with the State, employment record or prospects, his or her character and conduct, humanitarian aspects and representations made on behalf of that person.
Speaking on the introduction of the Bill, the Minister said that work had been well advanced in the Department of Justice to put on a statutory footing many practices which were already largely in place surrounding the deportation process.
He also pointed out that the recent High Court judgment upheld the procedural steps taken by the Minister and his predecessors, and found no difficulty with the principle of deportation.
Mr O'Donoghue also said that work was well under way on the development of comprehensive proposals to replace the Aliens Act, 1935, with a modern statute setting out immigration and residence law.
Responding to the publication of the Bill, Mr Robin Hanan of Comhlamh and the Asylum Rights Alliance, said: "The overturning of the Aliens Act provided an opportunity to review the entire process of assessing asylum applications. The main problem for asylum-seekers is that there is still no fair and independent system for assessing applications or appeals."