Kathleen Lynch (Cork North Central, Labour)
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Question 382: To ask the Minister for Justice, Equality and Law Reform the reason persons (details supplied) in County Cork who attended for interview at the Garda national immigration bureau on 18 May 2005 were taken to the Turkish Embassy; if they were then interviewed at the embassy; if it is normal procedure to bring persons to the embassy of the country from which they are seeking asylum; and if he will make a statement on the matter. [18112/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The family concerned, a mother and two sons, arrived in the State in October 2002 and claimed asylum. Their application was refused by the Office of the Refugee Applications Commissioner and they were notified of this recommendation by letter of 11 June 2003. Their subsequent appeal was refused by the Office of the Refugee Appeals Tribunal and they were notified of this recommendation by letter of 21 October 2003.

The family was notified of the decision to refuse them refugee status by letter of 21 January 2004 in which they were informed of the three options open to them at that point, that is, to leave the State before their case was considered for deportation; to consent to the making of deportation orders in respect of them; or to make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons they should not be deported, that is, why they should be allowed to remain temporarily in the State.

Representations were made on behalf of the family by the Refugee Legal Service. These were considered under section 3(6) of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement. On 28 June 2004 deportation orders were made in respect of the three family members. Notice of these orders was served on them by registered post requiring them to attend at the Garda national immigration bureau on Thursday, 20 January 2005. They attended as required and are due to present again on 15 June 2005, when it is expected that travel arrangements will have been put in place.

As part of the travel arrangements, it was necessary for the Garda national immigration bureau to obtain travel documents from the Turkish Embassy. This required the attendance of the family at the embassy. I am informed by the Garda Commissioner that the family was brought to the Turkish Embassy where they were interviewed by a consular official in the presence of a member of the Garda national immigration bureau. The interview was described as cordial by the attending garda. This has been confirmed by the Turkish Embassy in an open letter to The Irish Times, published on 25 May.

The Garda Commissioner has further advised that the practice for obtaining travel documents for persons being deported is dictated by the issuing Embassy and this practice varies between embassies. In the case of the Turkish Embassy, it is normal practice for them to request to interview the person or persons concerned to establish their true identity and nationality before issuing travel documents.

I should point out that, following examination of their asylum and leave to remain applications, the family was found not to be in need of refugee status or other international protection from the Turkish state. The safety of their return to Turkey is, therefore, not an issue.