Dinny McGinley (Donegal South West, Fine Gael)
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Question 457: To ask the Minister for Justice, Equality and Law Reform the position regarding an appeal against a deportation order by persons (details supplied) in County Donegal; and if he will make a statement on the matter. [10110/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons referred to in the question entered the State separately in 2000 and made applications for asylum independently of each other. They were refused refugee status in the State following consideration of their cases by the Office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal.

Notifications under section 3(3)(a) of the Immigration Act 1999 issued to the first person on 4 July 2002 and to the second person on 31 January 2002 and again on 26 February 2002. In those notifications they were advised that the Minister had decided to refuse them a declaration as refugees and setting out the options open to them, that is, to leave the State before the Minister decided whether or not to make deportation orders in respect of them; to consent to the making of deportation orders in respect of them; or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons they should not be deported, that is, why they should be allowed to remain temporarily in the State.

Representations were received on behalf of both persons as to why they should not be deported. The cases of both persons were considered independently of each other under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), taking into account the representations received. Deportation orders were made in respect of these persons on 27 February 2004.

At no stage in the process did either person inform my Department of a pending or realised marriage or of a pending or actual birth of a child in this State. These cases were properly considered in accordance with the provisions of the law and the intention is to proceed with their removal from the State of foot of the deportation orders.