Written answers

Wednesday, 15 June 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Willie PenroseWillie Penrose (Westmeath, Labour)
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Question 290: To ask the Minister for Justice, Equality and Law Reform if he has received further details in relation to events which occurred on the date of the deportation of persons (details supplied); if this matter has been further investigated; if so, if the results of any such investigation are to hand; and if he will make a statement on the matter. [20145/05]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 293: To ask the Minister for Justice, Equality and Law Reform the position in regard to correspondence (details supplied); the action taken by his Department to address the concerns expressed therein; and if progress has been made in resolving the matter. [20186/05]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 295: To ask the Minister for Justice, Equality and Law Reform the position regarding the case of persons (details supplied). [20205/05]

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 298: To ask the Minister for Justice, Equality and Law Reform his plans to review the deportation of persons (details supplied); and if he will make a statement on the matter. [20272/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 290, 293, 295 and 298 together.

I ask the Deputies to refer to the answers I gave to Questions Nos. 248 and 249 dated 23 March 2005, Nos. 104, 733 and 722 dated 12 April 2005 and Nos. 397 and 403 dated 19 April 2005 and to note that the position as stated therein is largely repeated hereunder.

The correspondence referred to in these questions relates to a document widely circulated by a group called Athlone Families Together, which gives a particular version of how the deportations took place and sets out a series of arguments — legal and otherwise — as to why the persons who were deported should be returned. I have also received a number of other representations, including from the aforementioned Athlone Families Together group, requesting that these persons be permitted to return to Ireland.

The two persons referred to by the Deputies are Nigerian women who were deported from the State on a charter flight to Lagos on the night of 14-15 March 2005. One of the women was accompanied in the State by four of her children, while the other was accompanied by two children. The asylum applications of both women and their children were refused following negative determinations by the Office of the Refugee Applications Commissioner and the Office of the Refugee Appeals Tribunal. Their cases were further considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, including representations on their behalf for leave to remain in the State, before deportation orders were signed.

I am informed that despite the best efforts of the Garda national immigration bureau on the day of the removals to maintain the unity of both families, the women refused to co-operate with the Garda in locating the whereabouts of all their children. In the end, both women were deported accompanied by only one child each. It is understood the remaining four children, who were hidden from gardaí, were passed into the care of other local Nigerian nationals by their mothers. The Garda national immigration bureau informed the local area Health Service Executive of the position regarding these children.

The Garda Síochána is tasked with the execution of deportation orders. All persons subject to such orders are required to present at Garda stations for the purpose of their removal from the State. In enforcing these orders it is a priority, as far as operationally possible, that family units which are the subject of such orders are not broken up in the process. I am informed by the Garda Commissioner that in the circumstances which gave rise to these questions, members were obliged to call to school properties to enforce deportation orders because of a failure by the parents concerned to comply with a lawful request to present the family unit to the Garda. A complaint has been made to the Garda Complaints Board in respect of this matter which precludes me from commenting further at this time. To date, no decision has been reached by the board.

Notwithstanding the outcome of the complaint made to the Garda Complaints Board concerning the manner of the removals, the unalterable fact of this case is that it was the consequence of a deliberate choice of the persons concerned that they are now separated from their children. This behaviour by parents cannot form a basis for revoking the deportation orders in this instance and I do not intend doing so. Those persons who are caring for the children left behind by their parents should make themselves known to the authorities and every facility will be afforded to enable the children to be returned to Nigeria to be reunited with their families. Such a successful family reunification was recently effected in Romania in respect of a Romanian child who, similarly, had been deliberately left behind by his parents in the course of a charter removal operation from Ireland to Romania which took place on 2 June 2005.

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