Bernard Durkan (Kildare North, Fine Gael)
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Question 362: To ask the Minister for Justice, Equality and Law Reform if holders of work permits have been refused entrance to or have been deported from this country; and if he will make a statement on the matter. [18456/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The employment permit application form issued by the Department of Enterprise, Trade and Employment makes it clear that the issuance of an employment permit in respect of a named non-EEA national does not in itself authorise that person to enter or reside in the State. Decisions on entry to or residence in the State are a matter for the Minister for Justice, Equality and Law Reform under the provisions of section 4 of the Immigration Act 2004. Thus a non-EEA national who is the subject of an employment permit may be refused permission to land in the State on a number of stated grounds. For example, failure to be in possession of a valid passport constitutes one such ground.

Similarly, section 3 of the Immigration Act 1999 sets out the circumstances in which a deportation order can be made. These include, for example, circumstances where the person's deportation has been recommended by a court in the State before which such person was indicted for or charged with any criminal offence. Possession of an employment permit does not invalidate the application of section 3, although the Minister is under a statutory obligation to consider the employment record and employment prospects of the person in question in determining whether a deportation order should be made.

Figures are not maintained in such a way as to enable statistics to be gleaned in respect of the number of persons who are the subject of an employment permit who have been refused permission to enter the State or have been deported from the State since the employment permit is one of a number of factors to be taken into account. I can say, however, that the type of case comprehended by the Deputy's question would be extremely rare. In fact, decisions on visa applications in respect of persons who are the subject of employment permits are generally made under delegated sanction at Irish missions abroad without the need to refer them to the Department of Justice, Equality and Law Reform.