Passport renewal while Bench warrant outstanding.

Marcusm

Corkbah wrote: »

extraordinary rendition is for the purposes of torture ...not for the purposes of seeking justice !!

I think you are confusing the meaning of the words ewith the context in which they have recently been used. Rendition is a combination of processes (generally involving lawful extradition) through which a person is handed over (rendered) from one legal system to another. "Extraordinary" simply means that it is done without the usual (or indeed due) legal processes. There need not be an intention of torture for something be be "extraordinary rendition" It is in fact the most apt term to decribe the inference that apprehension in an embassy followed by transport in an embassy car to an airport could be regarded as an approprite process.

The principal issue here is whether there is a search on bench warrants prior to issuance of a passport either at a consular service abroad (as that is who arranges the passport) or indeed at the passport office in Ireland. I'm willing to be that it is not that co ordinated.

That being said, unless the OP has the ability to stay abroad permanently, I suspect he's increasing his ultimate penalty.

Peregrinus

I've already pointed out that if he applies for a passport the Irish authorities will know where he is. This is true regardless of whether he applies by post, or goes in person to the embassy. They can then prepare an extradition request, communicate it to the Australian authorities, set the wheels in motion, etc (though it would be very unusual for them to do this over motoring offences, and the Aussies would probably not be thrilled to have to spend Australia police time on such a matter). By the time the Aussies were ready to move, many weeks or months would have passed. If he had been to the embassy, he would certainly no longer be there.

It's unlikely that an arrest would be staged at the embassy when, e.g., he returned in the expectation of collecting his passport. It would complicate issues, since he could then argue, when brought before an Australian court for an extradition hearing, that the Australian police had exceeded their authority in arresting him at a place which enjoyed diplomatic immunity. Why complicate issues in this way? They'd have his home address; they'd arrest him there at a time convenient to themselves.

Dodge

Marcusm wrote: »

The principal issue here is whether there is a search on bench warrants prior to issuance of a passport either at a consular service abroad (as that is who arranges the passport) or indeed at the passport office in Ireland. I'm willing to be that it is not that co ordinated

The passport process between embassy/consulate and HQ in Duublin is certainly co-ordinated. Whether that database is co-ordinated with the Garda list is open to question though

MagicSean

Presumably to renew a visa he will need a police certificate of character. In fact, would he not have needed this to get one in the first place?

Peregrinus

MagicSean wrote: »

Presumably to renew a visa he will need a police certificate of character. In fact, would he not have needed this to get one in the first place?

Depends on the visa.

IRLConor

Rather than going the extradition route, would they not simply refuse to renew the passport and then wait for the Australians to deport him?

(Possibly with a tip to the local cops: "By the way lads, there's a guy called Evocnala who gave us 123 Main St... as his address and we know his passport's out of date. Just thought you might like to know. Also, keep an eye on him, he's done a runner on us before.")

Less paperwork and I can't imagine the Aussie cops look too kindly on either people running from bench warrants or on people with out of date visas so they'd probably play ball. No need to go all Lethal Weapon 2 with the diplomatic immunity either.

ThreeLineWhip

Would it not be impossible to deport a person with no valid travel document? Surely no country would accept such a person?

Peregrinus

They could try that. The Aussies, however, don't put a huge amount of effort into deporting people who overstay WHV visas, tourist visas and the like. They find it's more cost-effective to wait until they have occasion to leave anyway.

Peregrinus

ThreeLineWhip wrote: »

Would it not be impossible to deport a person with no valid travel document? Surely no country would accept such a person?

Your country of citizenship will accept you, even if your passport has expired. You're still a citizen, with a right of entry and abode.

(Obviously, a country could legislate to say that they won't do this, but it's pretty rare. The UK has (or had) a class of British Overseas Citizen, who had no right of entry to the UK, but would be accepted in certain overseas territories. But cases like this are exceptional.)

ThreeLineWhip

The problem would be that airlines operating out of Australia would probably reject the OP's expired passport.

I have seen television shows in the UK where they state that they cannot deport an alien unless they have a valid travel document for that alien and sometimes the country of that alien is less than helpful in furnishing to the UKBA a valid document. The end result being the person being released until they can be deported.

Dodge

ThreeLineWhip wrote: »

The problem would be that airlines operating out of Australia would probably reject the OP's expired passport.

I have seen television shows in the UK where they state that they cannot deport an alien unless they have a valid travel document for that alien and sometimes the country of that alien is less than helpful in furnishing to the UKBA a valid document. The end result being the person being released until they can be deported.

A Travel Document (thats the official name for it) can be issued by Embassies/Consulates to facilitate travel 'home'. Its not a passport, and immigration officials would not accept it as such if they tried to enter another country

twowheelsonly

Peregrinus wrote: »

Allowing your passport to expire without renewal is not an offence. Nor is applying for renewal and being refused.

That's not the extra charge that I was referring to. It sounds to me like the OP has already been before the courts on these charges and was granted bail but failed to appear, hence the bench warrant.
In all likelihood he will also be charged with this if it is the case.

MagicSean

twowheelsonly wrote: »

That's not the extra charge that I was referring to. It sounds to me like the OP has already been before the courts on these charges and was granted bail but failed to appear, hence the bench warrant.
In all likelihood he will also be charged with this if it is the case.

Section 13 charges are summary and must be brought within six months. However, in addition to the bench warrant there will likely be a penal warrant for estreatment of bail which can be renewed should he return.

disssco

Sorry to resurect an old thread.

I have 5 bench warrants maybe more. I have charges that will result in prison and more serious charges coming (nothing bad just largish amount of drugs)

I was able to renew passport I even went into Garda station, I was ready to run out the door lol I had a car running outside 😂

I traveled to Portugal a month ago to do ibogaine for my heroin addiction. No problem in and out of country.

I am now clean. I don't want to do the jail as I owe money for the drugs I was caught with I refuse to go on protection and be branded a rat. I kept my mouth shut and don't feel I should pay. Not that I have the means to anyway. I would be forced to do **** for the entire 3 or 4 years.

I will go to Italy soon. Don't know if I'll ever come back. Maybe if my mam or dad get sick which will inevitably happen, I'll deal with the consequences when it happens. I've heard of people bouncing on charges and returning clean and having a letter for the police of the countries they were in saying they worked and didn't get into trouble, then getting suspended sentences.

My question is this, I've always wanted to go to America or Australia I have looked at the visa requirements and understand what I would need to do.

However I can't find out whether or not I might be deported with 5+ active bench warrants when I get to immigration in said countries??

Again my offences were all drug related to pay for an addiction I was always decent and none of .U offences are violent so any judgement can be kept back, I'm happy with who I am and at peace with my past.

disssco

Also have fucked up my life way beyond caring about the legal side of it. Far more serious issues now.

ohnonotgmail

I wonder what happened to the OP in the intervening 10 years?

https://www.boards.ie/discussion/comment/121114097#Comment_121114097

He’s now into disco baby.

disssco

Lol not the same person I was actually framed by a one armed man

Peregrinus

There's a fair chance that you would be deported from either the US or Australia.

The issue is not so much that you might be turned away on arrival - SFAIK neither the US nor the Australian immigration systems have live links with the criminal justice databases of other countries, so if you make it as far as the arrivals hall they are unlikely to pick up at that point that you have warrants outstanding in Ireland.

The issue is more that, in order to get a visa or a visa waiver from either country, you're going to have to lie. Which means that, if the Irish authorities do at some point decide to pursue you and make enquiries from the US or Australian authorities, it will fairly quickly come to light that you lied on your visa application. Both countries can throw you out for that, regardless of whether you're still wanted in your home country or not.

mikethecop

why would any one want assist a criminal and fugitive. ?

disssco

https://www.boards.ie/discussion/comment/121125528#Comment_121125528

Are U actually a cop Mike? Whether U are or not I'm sure you realise the world is not black and white and that good people do bad things.

I could argue that it is the legislations fault for my actions drug addiction should not be criminalises and heroin should be available to us a la the Swiss model.

Methadone is horrible.

I've been accosted by some of your cop buddies who wanted me in no uncertain terms to sell drugs for them procured directly from the evidence room.

So take your simp view of the world and your bigotry and shove it you know where. Better yet take time to reflect on your views and hopefully your IQ will allow you to evolve them.

To the other poster thanks for you help. I would be applying to the embassy for visas and fully disclosing my criminal past.

disssco

Typo*

ohnonotgmail

https://www.boards.ie/discussion/comment/121133609#Comment_121133609

It is always somebody elses fault, right?

dzer2

Hey mate if you already have a passport just renew it online like everyone else

mickdw

Going back to the embassy comments, I understood that embassy is legally foreign soil and furthermore any object or person being transported directly from embassy to port is regarded as remaining on foreign soil.

Is this not correct?

AlanG

https://www.boards.ie/discussion/comment/82568329#Comment_82568329

Agreed, Embassys are not theterritory of the nation. It's a popular misconception.

Biggest risk the OP has is getting deported as he most llikely lied or has not complied with the terms of his visa.