Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 178: To ask the Minister for Justice, Equality and Law Reform if he is aware that a person (details supplied) who was deported on 19 May 2005 had an appeal pending against the refusal of asylum; and, if so, the grounds on which due process was set aside in this instance. [17510/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 179: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that those who observed a person (details supplied) being detained by the Garda on 19 May 2005 state that he was first bundled into a room, from which screams were heard, and then manhandled to awaiting transport in handcuffs with a bloodied face; and his views on whether this is appropriate conduct for the Garda. [17511/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 180: To ask the Minister for Justice, Equality and Law Reform if there was a medical examination of a person (details supplied) while in Garda custody on 19 May 2005 prior to deportation; if so, the results of same; and the action he will take if it found evidence of an assault. [17512/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 181: To ask the Minister for Justice, Equality and Law Reform the steps that were taken to identify a person (details supplied) as the person whom the Garda sought before he was deported on 19 May 2005; the measures that were taken to ensure all legal proceedings by this person had been completed; and if he will consider having this person returned here to allow due process to conclude. [17513/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 182: To ask the Minister for Justice, Equality and Law Reform the agencies that were contacted in regard to the case of a person (details supplied); if this person's solicitor was contacted, allowed access or informed in any way regarding events affecting his client. [17514/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 178 to 182, inclusive, together.

The person concerned, a Nigerian national, arrived in the State on 13 February 2005 and claimed asylum. The application of the person concerned was refused by the Office of the Refugee Applications Commissioner and he was notified of this recommendation by letter dated 4 March 2005. His subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter dated 7 April 2005.

He was notified of the decision to refuse him refugee status by letter dated 8 April 2005 in which he was informed of the three options open to him at that point. These were to leave the State before his case was considered for deportation, consent to the making of a deportation order in respect of him or make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons he should not be deported, that is, why he should 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, prohibition of refoulement, including consideration of representations received on his behalf from the refugee legal service for temporary leave to remain in the State. On 13 May 2005, a deportation order was made in respect of him. Notice of the order was served on him by a member of the Garda national immigration bureau on 18 May 2005. One of the requirements of the notice was that he must co-operate fully with the Garda in facilitating his removal from the State. He informed the attending gardaí that he would not co-operate with them in returning him to Nigeria. A decision was then made to arrest and detain him pursuant to section 5(1) of the Immigration Act 1999, as amended by the Illegal Immigrants (Trafficking) Act 2000.

I am informed by the Garda Commissioner that when gardaí went to arrest the person concerned, he attempted to throw himself head first out of a first floor window and had to be physically restrained to prevent him from so doing. During the course of the incident he received a superficial abrasion to his scalp which did not require medical attention. He was conveyed to Cloverhill Prison, where he was detained overnight pending his removal from the State. He was deported to Lagos on a scheduled flight, via Schipol Airport, Amsterdam, on Thursday, 19 May 2005.

Throughout this person's asylum process, his legal representatives were kept informed of its progress. There was no appeal pending at the time of his deportation. There is no basis for stating that due process was set aside in this instance and the question of revoking the deportation order in this case does not arise. I emphasise that this application was processed in accordance with arrangements for the speedier processing of asylum applications for applicants from certain prioritised countries, including Bulgaria, Croatia, Nigeria, Romania and South Africa. These arrangements took effect from 25 January 2005 and I expect many other cases to be dealt with as expeditiously as this one in the coming months.