Written answers

Tuesday, 10 May 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 363: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has been detained at Clover Hill Prison awaiting deportation. [15160/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Croatian national, arrived in the State on 28 December 2000 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and he was notified of this recommendation by letter on 5 February 2002. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter on 12 July 2002.

He was notified of the decision to refuse him refugee status by letter on 26 August 2002, in which he was informed of the three options open to him at that point, these being to leave the State before his case was considered for deportation, to consent to the making of a deportation order in respect of him or to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out the reasons why he should not be deported and be allowed to remain temporarily in the State.

His case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996, including consideration of representations received on his behalf for temporary leave to remain in the State. On 11 February 2005 a deportation order was made in respect of him. Notice of the order was served by registered post requiring him to present himself to the Garda National Immigration Bureau on Thursday, 24 March 2005 in order that travel arrangements could be put in place to effect his removal from the State. The person concerned failed to present himself to the Garda National Immigration Bureau as required and was classified as having evaded deportation. I understand from the Garda authorities that he was subsequently located, arrested and detained pursuant to section 5 of the Immigration Act 1999, as amended. He is detained in Clover Hill Prison pending his removal from the State. The enforcement of the deportation order is now a matter for the Garda National Immigration Bureau. The person concerned did not have the right to work in the State.

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