Finian McGrath (Dublin North Central, Independent)
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Question 663: To ask the Minister for Justice, Equality and Law Reform the reason 35 Nigerian nationals were disgracefully deported from here on 15 March 2005 among them children and pupils sitting exams; if this is a blatant contravention of their human rights; and if he will make a statement on the matter. [10006/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Garda national immigration bureau removed a total of 35 Nigerian nationals on a charter flight to Lagos on the night of 14 to 15 March 2005. The persons concerned were mainly former asylum seekers who had their claims for refugee status refused after full consideration by one or both of the two independent statutory offices established to consider such applications, that is, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

Their cases were further considered individually under section 3 (6) of the Immigration Act 1999, as amended, and section 5, prohibition of refoulement, of the Refugee Act 1996, before deportation orders were made in respect of each. Eleven factors, including length of time spent in the State, were considered under section 3 (6) of the Immigration Act 1999, as amended, in arriving at the decision to deport.

As I have previously informed the House, a deportation process, after a person's case has been dealt with fairly, is central to the proper running of any immigration and asylum system. This fact is recognised the world over by bodies such as the United Nations High Commission for Refugees, UNHCR. The Government has two basic options whereby we can operate an open door policy where anyone can come to Ireland without restrictions or we can legislate for procedures to control who can or cannot reside in our country. Since the foundation of the State, successive Governments have chosen to do the latter. This is in line with the practice of every other country in the world. I am not aware of a country which does not have immigration controls and which does not have at its disposal the final sanction of deportation.