Bernard Durkan (Kildare North, Fine Gael)
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Question 397: To ask the Minister for Justice, Equality and Law Reform if permission to return to Ireland will be given to persons (details supplied); if he has received any representations on behalf of the Athlone Families Together Group in this regard; and if he will make a statement on the matter. [11734/05]

Finian McGrath (Dublin North Central, Independent)
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Question 403: To ask the Minister for Justice, Equality and Law Reform if he will reconsider the case of persons (details supplied); and if he will make a statement on the matter. [11790/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 397 and 403 together.

The two persons referred to by the Deputies are Nigerian women who were deported from the State on a charter flight to Lagos on the night of 14-15 March 2005. One of the women was accompanied in the State by four of her children while the other was accompanied by two children. The asylum applications of both women and their children were refused following negative determinations by the Office of the Refugee Applications Commissioner and the Office of the Refugee Appeals Tribunal. Their cases were further considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, including representations on their behalf for leave to remain in the State, before deportation orders were signed.

Despite the best efforts of the Garda national immigration bureau on the day of the removals to maintain the unity of both families, the women refused to co-operate with gardaí in locating all their children. In the end, both women were deported accompanied by only one child each. It is understood that the remaining four children, who were hidden from gardaí, were passed into the care of other local Nigerian nationals by their mothers. The Garda national immigration bureau informed the local area Health Service Executive of the position of these children.

I am satisfied that the persons concerned were deported following a comprehensive examination of their asylum claims and of their claims to remain temporarily in the State. I have received a number of representations, including from the Athlone Families Together Group, requesting that these persons be permitted to return to Ireland. It was a consequence of a deliberate choice of the persons concerned that they are now separated from their children. This behaviour by parents cannot form a basis for revoking the deportation orders in this instance and I do not intend doing so.