Jerry Cowley (Mayo, Independent)
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Question 196: To ask the Minister for Justice, Equality and Law Reform the reason persons (details supplied) are being deported to Nigeria; if his attention has been drawn to the contribution this person has made to the local community; the steps he will take to reverse this deportation order; and if he will make a statement on the matter. [38346/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The family concerned arrived in the State on 15 April 2005 and applied for asylum. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. The mother was informed by letter dated 12 August 2005 that the Minister proposed to make deportation orders in respect of her and her children and afforded them three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely: to make representations to the Minister setting out the reasons they should be allowed to remain in the State; to leave the State voluntarily; or to consent to the making of deportation orders.

Their case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, which relates to prohibition of refoulement. Consideration was given to all representations received on their behalf. On 10 November 2005, deportation orders were signed in respect of the family concerned, including a child born in the State on 25 May 2005. Notice of these orders was served by registered post requiring the family to present themselves to the Garda National Immigration Bureau, GNIB, at 13-14 Burgh Quay, Dublin 2, on Thursday, 24 November 2005, in order to make arrangements for their deportation from the State. The family failed to present themselves as required and are classified as evaders. They are being sought by Garda for removal and should present themselves to the GNIB without delay.

In addition to the 11 factors contained in section 3(6) of the Immigration Act 1999, as amended, I must also have regard to section 5 of the Refugee Act 1996, which relates to prohibition of refoulement, before making a deportation order. 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 shall not be expelled from the State or returned in any manner whatsoever 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. My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to Nigeria and other third countries.

I am satisfied that the person's applications for asylum and leave to remain, together with all refoulement issues, were comprehensively and fairly considered and that the deportation should proceed. I would again urge the family to present themselves to the GNIB without delay.