Bernard Durkan (Kildare North, Fine Gael)
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Question 326: To ask the Minister for Justice, Equality and Law Reform the reason he is not prepared to review his proposal to deport persons (details supplied) in County Kildare; if he has satisfied himself regarding the potential threat to these persons notwithstanding that the statutory procedures have been complied with; and if he will make a statement on the matter. [17196/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to the reply I gave to Question No. 185 on Thursday, 12 May 2005.

The persons in question are being returned to Croatia which has been designated by me as a safe country of origin by means of the Refugee Act 1996 (Safe Countries of Origin) Order 2003, SI 714 of 2004. The designation was arrived at after consultation with the Minister for Foreign Affairs under Section 12(4)(a) of the Refugee Act 1996, as amended. In doing so, regard was had to the following matters: whether the country is a party to and generally complies with obligations under the Convention against Torture, the International Covenant on Civil and Political Rights, and where appropriate, the European Convention on Human Rights; whether the country has a democratic political system and an independent judiciary; and whether the country is governed by the rule of law. I should also say that Croatia is an applicant state for membership of the European Union. This detailed consideration given by me and the Minister for Foreign Affairs, informed the making of SI 714 of 2004 and I am satisfied that the issue of refoulement does not arise in this case.

Having considered all the facts in this case, I am satisfied that repatriating this family to Croatia is not contrary to section 5 of the Refugee Act 1996 (Prohibition of Refoulement), as amended. The decision to deport them therefore remains unchanged.