John Perry (Sligo-Leitrim, Fine Gael)
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Question 390: To ask the Minister for Justice, Equality and Law Reform if a stay will be granted on the deportation orders in order to give a person (details supplied) in County Sligo a chance to make a new application for asylum here in view of the circumstances outlined in correspondence attached; and if he will make a statement on the matter. [38877/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The family concerned arrived in the State on 20 January 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 13 September 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, prohibition of refoulement. Consideration was given to all representations received on their behalf.

On 23 November 2005, deportation orders were signed in respect of the family concerned. Notice of these orders was served by registered post requiring the family to present themselves to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2, on Monday 5 December 2005, in order to make arrangements for their deportation from the State.

The family failed to present themselves as required and were classified as evaders. Gardaí visited the accommodation at which the family was staying on the morning of Thursday, 8 December last and found the two children at home alone. Despite their best efforts, gardaí were unable to locate the whereabouts of the mother — who apparently absconded in anticipation of the Garda visit. The children have now been placed in the care of the Health Service Executive.

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, 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 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 urge the mother to come forward and present herself to the Garda National Immigration Bureau as soon as possible.