Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 117: To ask the Minister for Justice, Equality and Law Reform if he will consider the immediate suspension of mass deportations to allow for an audit of the policy by the Human Rights Commission. [10854/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I cannot agree to the suspension of our deportation process on the basis outlined by the Deputy. Deportations take place within the provisions of the Immigration Act 1999, as amended, and after each case has been fully considered by me with regard to the 11 considerations contained in section 3(6) of that Act and section 5 — prohibition of refoulement— of the Refugee Act 1996. I cannot accept the term "mass deportations" in this context, as each case is individually considered on the basis of its own facts and circumstances before a decision to deport is made.

A deportation process, after a person's case has been dealt with fairly, is central to the proper functioning of any immigration and asylum system. This fact is recognised universally by bodies such as the UNHCR. I am not aware of any country which does not have at its disposal the final sanction of deportation. Our asylum and repatriation system compares favourably with the best in the world in terms of fairness, decision-making and determination structures.

The deportation process is also subject to the scrutiny of the courts. It is open to a person to challenge a deportation order, by way of application for judicial review to the High Court, within 14 days of the notification of the making of the deportation order.