Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 426: To ask the Minister for Justice, Equality and Law Reform if he will reverse the deportation order in the case of persons (details supplied) in County Cork and use his discretion to allow them humanitarian leave to remain here; if his attention has been drawn to the extent of local support for these persons remaining part of their adopted community here; if his further attention has been drawn to the evidence that the Turkish authorities have subjected failed Kurdish asylum seekers to ill-treatment on their return; if his further attention has been drawn to a Turkish military build-up in preparation for anti-Kurdish operations in Inandik Hovit village, Solhan district, Bingol and that forcing them to return may violate Ireland's non-[i]refoulement[/i] obligations; and if he will make a statement on the matter. [12230/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons the Deputy refers to claimed asylum on 17 October 2002, the mother having earlier arrived here on foot of a visitor's visa. Their application was refused by the Office of the Refugee Applications Commissioner and they were notified of this recommendation by way of letter dated 11 June 2003.

In their subsequent appeal, the Refugee Appeals Tribunal affirmed the determination of the Office of the Refugee Applications Commissioner and the persons concerned were notified of this by way of letter dated 21 October 2003.

In accordance with section 3 of the Immigration Act 1999, the persons concerned were informed, on 21 January 2004, that the Minister proposed to make a deportation order in respect of them. They were, in accordance with the Act, informed of the three options open to them at that point, that is, to leave the State voluntarily before the Minister decided whether or not to make a deportation in respect of them, consent to the making of a deportation order in respect of them or make written representations to the Minister setting out reasons as to why they should be allowed to remain temporarily in the State.

Their 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 the representations received on their behalf. Deportation orders were made in respect of them on 28 June 2004. The orders were served by registered post and they presented themselves to the Garda National Immigration Bureau on Thursday, 20 January 2005 so that travel arrangements could be put in place to effect their removal from the State.

Further representations were received following the signing of the deportation orders which were also duly considered. However, the position remains unchanged and the deportation order remains valid. The enforcement of the deportation orders is now a matter for the Garda national immigration bureau.