Enda Kenny (Mayo, Fine Gael)
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Question 354: To ask the Minister for Justice, Equality and Law Reform if he has considered the case of persons (details supplied) for refugee status here; if he will re-examine the case as a matter of urgency; if arrangements will be made to verify the authenticity of the claims for refugee status from the persons involved. [7803/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question, along with her husband and one of their children, arrived in the State and claimed asylum on 14 August 2000. Their applications were refused following consideration by the Office of the Refugee Applications Commissioner and later on appeal by the Office of the Refugee Appeals Tribunal. They were notified of the refusal by letter on 26 September 2002 and given three options — to leave the State before their case was considered for deportation; 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 they should not be deported, that is, why they should be allowed to remain temporarily in the State.

The case of the mother and son was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, which relates to the prohibition of refoulement, including consideration of all representations received on their behalf. Section 5 of the Refugee Act 1996 requires that I consider the safety of returning a person before a deportation order is made. This means that a person shall not be expelled from the State or returned in any manner to a State where, in my opinion, the life or freedom of the person is threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. I am satisfied that the requirement has been met in this case.

Deportation orders were made in respect of the mother and son 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 again to the bureau on Thursday, 14 April 2005. The enforcement of the deportation orders is a matter for the Garda national immigration bureau. It appears from the information supplied by the Deputy that the family has been joined by a further child, who is female, since it first made its asylum application. A notice of intention to deport this person issued recently. The three options mentioned above have been afforded to her. If she fails to leave the State voluntarily with the other members of the family, who are the subject of deportation orders, her case will also be considered for deportation.