Written answers

Wednesday, 28 September 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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Question 1007: To ask the Minister for Justice, Equality and Law Reform the criteria for and the circumstances in which deportation orders are issued in respect of asylum seekers; and if he will make a statement on the matter. [25317/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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It should firstly be stated that asylum seekers are not deported. In regard to a non-national who arrives in the State seeking refugee status, a deportation order is issued only after the asylum application has been investigated in full and has been found not to meet the criteria for recognition as a refugee as defined in section 2 of the Refugee Act 1996, as amended, and, moreover, when the individual circumstances of the case have been further examined under section 5, prohibition of refoulement, of that Act and under section 3 of the Immigration Act 1999, as amended.

Responsibility for the investigation of asylum applications rests, at first instance, with the Refugee Applications Commissioner who must make a recommendation as to whether an applicant should or should not be declared to be a refugee. Where an applicant is given a negative recommendation by the commissioner, the applicant is made aware of his or her entitlement to appeal this recommendation to the Refugee Appeals Tribunal. In such instances, the tribunal must decide whether the earlier recommendation should be affirmed or set aside.

Where a refusal is affirmed, the applicant's file is forwarded to the Minister for Justice, Equality and Law Reform with a recommendation that the applicant be refused a declaration of refugee status following which the Minister, through the Department's ministerial decisions unit, conveys a refusal decision to the applicant, in accordance with the provisions of section 17(1) of the Refugee Act 1996, as amended. This communication also advises applicants that their entitlement to be in the State has expired and advises them of the options open to them at that point in time, namely, to leave the State voluntarily, to consent to deportation or to make, within 15 working days, written representations to the Minister setting out reasons they should not be deported, that is, why they should be permitted to remain in the State.

Any representations received from or on behalf of such applicants are fully considered, in accordance with the 11 headings set out in section 3(6) of the Immigration Act 1999, as amended, for example, the family and domestic circumstances of the person concerned, the duration of their residence in the State and other humanitarian considerations, together with section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. Following consideration of the representations submitted, the Minister must decide whether to sign a deportation order in respect of the applicant or whether the person concerned should be granted temporary leave to remain. Where a deportation order is made, the applicant is informed in writing accordingly. The effecting of the order is then a matter for the Garda national immigration bureau.

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