New legislation is being prepared after a High Court ruling that gardaí do not have the right to enter private dwellings to arrest failed asylum seekers for forced deportations.

The Department of Justice acting secretary general Noel Waters told the Dáil Public Accounts Committee about 15-20 per cent of deportation orders result in forced deportation from the State.

However, following a High Court ruling which has not been publicised, gardaí cannot enter a private dwelling for the purposes of detaining a person for deportation.

“It has presented a problem for a number of months for us,” Mr Waters said.

“It would mean, in effect, when the gardaí would seek to enforce the [deportation] order, that a person would then say: ‘I’m sorry, you are in my private residence, you have no right to come in here, and if you do I will go to the High Court.’”

Deportation orders

Deportation orders are signed by the Minister for Justice after asylum seekers have their applications rejected and exhaust their right of appeal.

They can leave the State voluntarily when the orders are issued. Failure to do so can result in forced deportation.