Immigration Lawyer Calls for Urgent Reform of Ireland’s ‘Ineffective’ Deportation System

Stephen Kirwan, Head of Immigration at KOD Lyons, Highlights Critical Challenges in Current Deportation Procedures

13 August 2024

Stephen Kirwan, Head of Immigration at human rights law firm KOD Lyons, has delivered a stark assessment of Ireland’s current deportation system, labelling it as both complex and ineffective. In a revealing interview on RTÉ radio’s Today show, Kirwan provided an in-depth look at the myriad challenges facing the country’s deportation procedures, calling for urgent reform.

The ‘Logistical Nightmare’ of Deportations

Kirwan didn’t mince words when describing the current state of affairs, calling the enforcement of deportation orders a “logistical nightmare”. He outlined a process that is not only “extremely complex” but also prohibitively expensive. The multifaceted nature of deportations involves:

1. Detection Work: Locating individuals subject to deportation orders
2. Detention Procedures: Managing the custody of those awaiting deportation
3. International Negotiations: Agreeing on returns with receiving nations
4. Documentation Challenges: Obtaining necessary travel documents
5. Travel Arrangements: Coordinating and funding flights or alternative transportation

These challenges are further exacerbated by what Kirwan describes as “significant pressure” on resources and a “massive backlog of deportation order appointments” that stretches back to before the COVID-19 pandemic.

Diplomatic Complexities and International Relations

Kirwan highlighted the often-overlooked diplomatic dimension of deportations. The process involves a delicate balancing act between two critical challenges:

1. Securing appropriate documentation for individuals to legally exit Ireland
2. Coordinating with countries of origin at a high diplomatic level

“You can’t just leave them on the runway,” Kirwan emphasised, underlining the necessity for proper reception arrangements in receiving countries. This aspect of deportations requires careful diplomatic negotiation and can significantly complicate and delay the process.

The Emergence of a Two-Tier System

Despite recent efforts to streamline deportations through accelerated procedures for ‘safe countries’, Kirwan observed that these measures have failed to make a significant impact on overall case numbers. He described a “two-speed” system that has inadvertently created disparities in treatment:

• Some individuals face excessively long waiting periods, caught in bureaucratic limbo
• Others find themselves “rushed out the door without being heard properly or actually being considered”

This dichotomy, according to Kirwan, has effectively resulted in a two-tier system within Ireland’s deportation process, raising serious questions about fairness and due process.

Economic Implications of Mass Deportations

Kirwan raised thought-provoking questions about the economic wisdom of Ireland’s current approach to deportations. He challenged policymakers to consider whether mass deportations truly serve the country’s best economic interests, especially when many of those facing deportation may have already made significant contributions to the Irish economy.

The Urgent Need for Comprehensive Reform

With deportation orders reportedly approaching their highest levels in four years, Kirwan’s insights come at a critical juncture in Ireland’s immigration policy debate. His comments underscore the pressing need for a thorough review and potential overhaul of the current system.

Kirwan’s analysis highlights several key areas that demand immediate attention:

• Streamlining administrative processes to reduce backlogs
• Improving international coordination and diplomatic efforts
• Ensuring fair and consistent treatment across all cases
• Balancing economic considerations with immigration enforcement

Looking Ahead: Shaping Ireland’s Immigration Future

As Ireland continues to grapple with these complex issues, the insights of experts like Stephen Kirwan play a crucial role in informing public discourse and guiding policy decisions. The intricate interplay of legal, logistical, diplomatic, and economic factors underscores the need for a nuanced and comprehensive approach to immigration and deportation policies.

The coming months and years will be critical in determining how Ireland addresses these challenges. With mounting pressure for reform, the country stands at a crossroads, facing decisions that will shape its approach to immigration for years to come.

Listen to our thoughts on Ireland’s Immigration Future this episode of Today with Claire Byrne.