Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 365: To ask the Minister for Justice, Equality and Law Reform if he has information on the status of the groups of persons who were deported in the recent past in particular on those deported to Nigeria. [14169/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to the safety of persons recently deported from the State. The Minister for Justice, Equality and Law Reform is obliged to consider the issue of risk to a person before, not after, a deportation order is made in respect of that person. The Minister is obliged to consider the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996, as amended. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a state where, in the Minister's opinion, 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.

The Immigration Act 1999 sets out the procedures involved in deporting a person. Where the Minister proposes to deport a person he or she is given three options: to make representations within 15 working days setting out the reasons why he or she should not be deported that is, be allowed to remain temporarily in the State, to leave the State voluntarily before the order is made or to consent to the making of a deportation order.

Where representations are made setting out reasons why a person should not be deported, the Minister is obliged to consider a number of factors as specified in section 3(6) of the Immigration Act 1999, as amended. These factors include considerations relating to the common good, the person's individual family and domestic circumstances, humanitarian considerations and the refoulement issue mentioned above.