Seán Ryan (Dublin North, Labour)
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Question 238: To ask the Minister for Justice, Equality and Law Reform if he will report on the deportation of a person (details supplied) on 28 November 2003 to Bucharest, Romania; if he will investigate the charge that the wrong person was deported; if his attention has been drawn to the fact that it is alleged that while the photograph shown by the Garda was that of the deported person the name referred to by the Garda was different which can be confirmed by his passport and marriage certificate. [32174/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person referred to by the Deputy was a multiple asylum applicant. He applied for asylum in the State on three separate occasions, that is, on 27 October 1999, 25 February 2000 and 4 December 2000. In each case he used different identities. This has only come to light recently as fingerprinting of applicants was not used at the time.

His first two asylum applications were deemed abandoned when he failed to pursue them. A notification under section 3(3)(a) of the Immigration Act 1999 issued to him on both occasions informing him of the decision to refuse him refugee status and setting out the options open to him: to leave the State voluntarily; to consent to the making of a deportation order; or to make written representations within 15 working days setting out reasons as to why he should not be deported.

His two cases were examined further 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 him, that is, in respect of the two separate identities used by him, on 13 September 2001 and 19 October 2001 respectively. Notice of these orders were served on him by registered post requiring him to present himself to the Garda National Immigration Bureau, GNIB, for deportation. He failed to present as required and was classified as evading deportation. He was subsequently located by gardaí two years later and was deported on 28 November 2003.

In his third application, the person referred to by the Deputy applied for asylum and subsequently withdrew his application and applied for residency in the State on the basis of his parentage of an Irish born child. On 27 May 2002 he was granted permission to remain in the State for a period of 12 months, contingent on discharging the role of parent including living in the same household as the child and being of good character. This permission was renewed on application by him for a further 12 months to 27 May 2004 when it expired.

It is clear that the person concerned intended to frustrate the system by making three asylum applications under different identities at a time when fingerprinting of applicants was not yet used. The deportation orders in existence in respect of him were valid and were properly acted upon when he was removed from the State.