Dermot Ahern (Louth, Fianna Fail)

The lady in question arrived in the State on 19 August 2005 and though her child was born in the State two days after her arrival, he is not an Irish citizen as he was born subsequent to the coming into force of the Irish Nationality and Citizenship Act 2004 in that neither of his parents was an Irish citizen nor had either parent been lawfully resident in the State for three of the four years before the child's birth. Two days later she applied for asylum and her son was included in this application meaning that any decision taken on her applied equally to her son.

The asylum application was refused both at first instance and on appeal. Arising from the refusal of the asylum application, the lady in question was notified, by letter dated 25 October 2005, that the Minister proposed to make deportation orders in respect of her and her son. Representations were submitted on behalf of the lady in question at that juncture.

Following consideration of those representations, deportation orders were signed in respect of mother and son on 23 November 2005 and notified to them by registered letter dated 29 November 2005. They failed to present to the GNIB as required on 5 November 2005 and were therefore classified as persons evading deportation.

On 16 August 2009, the mother and son were apprehended by officers of the GNIB at Dublin Airport. Following questioning by the immigration officer and checks on the relevant Garda database, they were identified as persons evading deportation.

At this point, the mother was arrested and detained and she was conveyed to the women's prison, Dochas Centre. As this prison did not have facilities for her son, and in accordance with well-established procedures, the lady in question was given the option of putting her son voluntarily into the care of the Health Service Executive, HSE. She refused to voluntarily place her son in the care of the HSE and as a result the arresting garda was left with no option but to execute his powers under section 12 of the Child Care Act 1991 to secure appropriate care for the child.

In accordance with HSE procedures, that body sought and was granted an emergency care order on 17 August 2009, at which point the child was placed in the care of the HSE. An interim care order was subsequently granted on 24 August, valid until 21 September 2009.

Given that the lady in question and her son were the subject of extant deportation orders, arrangements were made to have them both repatriated to their country of origin by chartered flight on 1 September 2009. On this date an application was made by the HSE to have the interim care order lifted to allow the child to accompany his mother to their country of origin. This application was refused by the District Court and the child remained in the care of the HSE. As a result the lady in question was repatriated without her son.

Since her deportation on 1 September 2009, representatives of the GNIB have made sustained efforts to communicate with the lady in question, in order to facilitate the return of her son to her in the family's country of origin.

An application has now been received from the court appointed guardian ad litem of the child in question requesting that the deportation order in respect of his mother be revoked to allow her to re-enter the State to be reunited with him. This application, made under section 3(11) of the Immigration Act 1999 as amended, is under consideration at present and a decision will issue shortly.

See this speech in context