Written answers

Tuesday, 17 May 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 299: To ask the Minister for Justice, Equality and Law Reform if a deportation order against a person (details supplied) will be lifted in order that the Romanian authorities may lift a travel ban on same. [16237/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 9 August 1999 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with the Immigration Act 1999, as amended, she was informed by letter dated 31 December 2002, that it was proposed to make a deportation order in her case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons why she should be allowed remain temporarily in the State, leaving the State before the deportation order is made or consenting to the making of a deportation order.

On 21 January 2003 representations were received on her behalf. On 25 April 2003, through her legal representatives, she was again afforded the opportunity to return voluntarily to Romania to await the outcome of an application for a work permit on her behalf by a prospective employer. She was informed that as an exceptional measure the Department would allow her a further 15 working days before making a decision on her case.

Her case was examined under section 3 of the Immigration Act 1999, as amended and section 5 prohibition of refoulement, of the Refugee Act, as amended, including consideration of all representations received on her behalf. On 11 March, 2004 a deportation order was made in respect of her. The order was served on her by registered post on 20 October 2004 following which she was deported from the State on 17 November 2004.

It should be noted that a deportation order requires any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State. Deportation orders are not made lightly and are only made in circumstances where the person concerned has no permission to remain in the State and has failed to return home voluntarily before the making of the order. Nonetheless, on the basis of the particular circumstances of the case which have been brought to my attention I am giving the matter further consideration and I will communicate my decision to the relevant parties shortly.


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