Written answers

Tuesday, 19 April 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 428: To ask the Minister for Justice, Equality and Law Reform if he will consider staying the deportation order in respect of a person (details supplied) in County Longford, at least until such time as they have completed their studies; and if he will consider using his discretion to grant this person leave to remain here. [12232/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian, arrived in the State on 8 September 2000 and claimed asylum. Her application was refused by the Office of the Refugee Applications Commissioner and she was notified of this recommendation by letter dated 11 January 2002.

The Refugee Appeals Tribunal affirmed the determination of the Office of the Refugee Applications Commissioner in her subsequent appeal and she was notified of this by letter dated 29 April 2002.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed, in a letter dated 31 May 2002, that the Minister proposed to make a deportation order in respect of her. She was, in accordance with the Act, informed of the three options open to her at that point, that is, to leave the State voluntarily before the Minister decided whether or not to make a deportation order in respect of her, consent to the making of a deportation order in respect of her or make written representations to the Minister setting out reasons as to why she should be allowed to remain temporarily in the State.

Her 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 representations received on her behalf. At that time, no mention was made of her studying at the Athlone Institute of Technology. A deportation order was made in respect of her on 25 January 2005. The order was served by registered post and she presented herself to the Garda national immigration bureau on Thursday, 24 February 2005 so that travel arrangements could be put in place to effect her removal from the State.

Further representations were received, in a letter dated 4 April 2005, informing me that the person concerned is a student at the Athlone Institute of Technology where the academic year finishes on 20 June 2005. In these circumstances, I will ask the Garda National Immigration Bureau, whose responsibility it is to enforce deportation orders, not to act on this person's deportation until after 20 June 2005. It should, nonetheless, be noted that the deportation order in this case will not be revoked.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 429: To ask the Minister for Justice, Equality and Law Reform if he will review his decision to deport a person (details supplied) in County Dublin; if he will review the situation with a view to allowing this person remain here for an extended period to receive necessary treatment; and if he will make a statement on the matter. [12233/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to my earlier replies I gave to Questions Nos. 164 and 265 on Thursday, 3 February 2005 and Wednesday, 9 March 2005, respectively. As I stated previously, the information submitted by the Deputy was considered and the decision to deport the person remains unchanged.

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