Michael D Higgins (Galway West, Labour)
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Question 421: To ask the Minister for Justice, Equality and Law Reform the country to which it is proposed to deport persons (details supplied) in County Galway; if he will take into account the representations made to him and the uncertainty and danger to which these persons involved would be committed; and if, in view of these circumstances, he will discontinue the deportation proceedings and respond on humanitarian grounds to the case that has been made to him for permission to stay of these persons. [4600/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State on 14 August 2000 and claimed asylum. Their applications were refused by the Office of the Refugee Applications Commissioner and they were notified of this recommendation by letter of 14 November 2001. Their subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and they were notified of this recommendation by letter of 20 August 2002. They were notified of my decision to refuse them refugee status by letter of 26 September 2002 in which they were informed of the three options open to them at that point namely, to leave the State before the Minister for Justice, Equality and Law Reform made 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 the reasons why they should not be deported that is, why they should be allowed to remain temporarily in the State.

The case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), including consideration of all representations received on their behalf. Deportation orders were made in respect of the persons concerned on 9 November 2004. The orders were served by registered post and they presented themselves to the Garda national immigration bureau on Thursday, 10 February 2005. They are due to present themselves again to the bureau on Thursday, 14 April 2005.

My Department uses extensive country of origin information drawn from different independent sources, including the UN High Commission on Refugees, in evaluating the safety of making returns to third countries. I am satisfied that in this 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 orders is a matter for the Garda national immigration bureau.