Michael McDowell (Dublin South East, Progressive Democrats)

A bilateral agreement on immigration matters, including re-admission, was concluded in 2001 between the Government of Ireland and the Government of the Federal Republic of Nigeria. The agreement has not yet been officially ratified by the Nigerian side so there is not, as yet, in existence a co-ordinating committee as provided for in Article XIX of the agreement. Notwithstanding its non-ratification, both sides are operating in the spirit of the agreement, particularly in the area of repatriation.

A senior official from my Department and two senior officers from the Garda national immigration bureau travelled to Nigeria in April of this year to meet with a number of Government and non-government organisations involved in the area of immigration and returns, accompanied by Ireland's ambassador to Nigeria and a consular official.

Specifically, the delegation met with Government officials from various elements of the Nigerian immigration service and the National Agency for the Prohibition of Trafficking in Persons. The delegation also met with the Nigerian office of the International Organisation for Migration, which manages assisted voluntary returns programmes there. Further meetings took place with representatives from the United Nations High Commission for Refugees and with visa officers and airline liaison officers representing a number of EU member states. There were useful exchanges between all parties. One of the outcomes of this visit is that arrangements are in train for a month long visit to Ireland later this year by officials from the Nigerian immigration service to study our system.

The human rights guaranteed by Article XX of the agreement are given effect to by section 5 of the Refugee Act 1996, which I am obliged to consider when returning a person to Nigeria, or any other third country, before making a deportation order. This provides that a person shall not be expelled from the State or returned in any manner whatsoever to the frontiers of territories where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. Extensive country of origin information, including reports prepared by the UNHCR and similar independent bodies, are always consulted in making an evaluation.

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