Kathleen Lynch (Cork North Central, Labour)
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Question 12: To ask the Minister for Justice, Equality and Law Reform the circumstances in which officials from the Turkish Embassy were reported to have been permitted to question Kurdish persons (details supplied) who were directed to attend at the Garda National Immigration Bureau on 18 May 2005; the location at which these persons were questioned by the Turkish officials; if officials of any other embassy have been accorded similar facilities; the position in regard to these persons; and if he will make a statement on the matter. [21463/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I refer to my response to Question No. 382 of Tuesday, 31 May 2005, which was also submitted by the Deputy.

The persons concerned are a mother and her two sons who arrived in the State in October 2002 and claimed asylum. Following a full and fair examination of their case at every stage of the asylum process, their applications for refugee status were refused. After a further examination of their case under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, deportation orders were made in respect of them on 28 June 2004. The persons concerned were notified and the orders passed to the Garda National Immigration Bureau for enforcement.

In arranging the family's return, it was necessary for the Garda National Immigration Bureau to obtain travel documents for them from the Turkish Embassy. This required the attendance of the family at the embassy in Ballsbridge, Dublin, for the purposes of establishing their nationality and identity. I am informed by the Garda Commissioner that the family was brought to the 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 last.

The family concerned recently made an application, through their legal representatives, for readmission to the asylum process, under section 17(7) of the Refugee Act 1996, as amended. This is being considered in my Department at present and in the meantime their removal has been postponed, pending a decision.

Where a deportation order is made, it is the responsibility of the Garda Síochána to effect the order. The Garda Commissioner has informed me that the procedure for obtaining travel documents is dictated by the issuing embassy, not by the Garda National Immigration Bureau, and the practice varies between embassies. It is therefore not a question of facilitation, but of complying with the particular requirements of embassies for issuing their own travel documents.

In many instances it is necessary for the Garda National Immigration Bureau to obtain travel documents from the embassy or consulate of the relevant country concerned. This is principally because the persons being returned are not in possession of passports which may have been destroyed or are deliberately withheld from the gardaí to frustrate their removal. In some instances, the passports have expired.

It need hardly be said that where an application for refugee status has been made and has been granted after examination by the relevant independent determination bodies, that is, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, the issue of approaching an embassy for a travel document does not arise. Where, as in this instance, it has been determined that no protection or humanitarian issues arise which prevents the person from being removed no prohibition exists against contacting the relevant embassy or consulate to facilitate the person's removal from the State.