Brian O'Shea (Waterford, Labour)
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Question 416: To ask the Minister for Justice, Equality and Law Reform the proposals he has in regard to the concerns of a person, details supplied, in County Kilkenny regarding the immigration process; and if he will make a statement on the matter. [23243/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy entered the State on 7 August 2001 and applied for refugee status. Following an interview on 1 February 2002 by the Office of the Refugee Applications Commissioner, he was refused refugee status in the State. He was notified of this refusal on 4 April 2002 and subsequently appealed this determination to the Refugee Appeals Tribunal. Following an oral hearing on 9 April 2003, his appeal was rejected and the original determination affirmed. He was informed of the Refugee Appeals Tribunal decision on 29 April 2003.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 15 May 2003 that it was proposed to make a deportation order in respect of him and he was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported; to voluntarily leave the State; or to consent to deportation. An application for leave to remain in the State was received from his legal representatives on 30 August 2002 following the first negative recommendation given by the Refugee Appeals Tribunal.

Following consideration of the case under section 3 of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), a deportation order was signed on 26 August 2004, in respect of this person.

My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that in the current case the requirements of section 5 of the Refugee Act 1996 (Prohibition of Refoulement) have been complied with and that no refoulement matters arise. The enforcement of the deportation order is a matter for the Garda National Immigration Bureau.