Bernard Durkan (Kildare North, Fine Gael)
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Question 143: To ask the Minister for Justice, Equality and Law Reform, further to Question No. 129 of 14 April 2005, the reason the central question raised regarding the dangers of a life-threatening nature in the event of deportation to Democratic Republic of the Congo, has not been answered or referred to; and if he will make a statement on the matter. [16832/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to the reply I gave to Questions Nos. 726 and 781 on Wednesday, 26 January 2005 and Question No. 129 on Thursday, 14 April 2005. The person concerned is awaiting deportation following a comprehensive examination of her asylum claim and of her application to remain temporarily in the State. Representations made regarding her medical condition, while not deemed to constitute grounds for revoking the deportation order and granting leave to remain in the State, are nonetheless being taken into consideration by the Garda National Immigration Bureau in arranging the timing of her removal. I understand that the person concerned is due to give birth shortly and the bureau intends delaying her removal until a date after the birth, when both mother and child are fit to travel.

I wish to address again the refoulement issues raised by the Deputy which I referred to in my replies to Questions Nos. 726 and 781 on 26 January 2005. I 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. As I mentioned previously, 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 followed in this case have fully taken the refoulement question into account.