Written answers

Wednesday, 23 November 2005

Department of Justice, Equality and Law Reform

Deportation Orders

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 199: To ask the Minister for Justice, Equality and Law Reform if he can confirm that all those deported to their homelands by his order have been properly treated; and if he will make a statement on the matter. [35937/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I refer the Deputy to the replies I gave to Question No. 143 of 19 May last, Question No. 139 of 20 October last and Question No. 497 of 25 October last. As I stated previously, I must in addition to the 11 factors contained in section 3(6) of the Immigration Act 1999, as amended, also have regard to section 5 of the Refugee Act 1996, prohibition of refoulement, when considering whether to deport a person. The safety of returning a person, or refoulement as it is referred to, is fully considered in every case when deciding whether to make a deportation order. This means that a person will not be expelled from the State or returned in any manner whatever to a state where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The legislation requires that this consideration is given before the deportation decision is made. The Department of Justice, Equality and Law Reform uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries.

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