Bernard Durkan (Kildare North, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform the action he will take in the event of a person deported by his Department being intimidated, violated or threatened on their return to their homeland; if he has contingency plans in such an event; and if he will make a statement on the matter. [13812/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Minister must consider 11 factors under section 3(6) of the Immigration Act 1999, as amended, together with section 5 of the Refugee Act 1996, prohibition of refoulement, when considering whether to deport a person.

The safety of returning a person, or refoulement as it is referred to, is fully considered in every case when deciding whether to make a deportation order. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The legislation requires that this consideration is given before the deportation decision is made and not after the person has returned. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that the procedures operated ensure as far as possible that persons are not returned in dangerous circumstances.