Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 1188: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the possible persecution and deprivation of human rights or life threatening situation in the event of the deportation of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [2069/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The person concerned, with her child, arrived in the State on 25 February 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 person concerned was informed by letter dated 22 August 2005 that the Minister proposed to make deportation orders in respect of her and her child 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 temporarily in the State, to leave the State voluntarily or to consent to the making of deportation orders. No representations were received from or on behalf of the person concerned by the due date. 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.

On 27 September 2005, deportation orders were signed in respect of the person concerned and her older child. The existence of another child born in the State on 5 August 2005 was only made known to my Department on 12 September 2005 by officials from the Department of Social and Family Affairs. Following consideration of late representations for leave to remain in the State, the deportation orders in this case were affirmed. The legal representative of the person concerned was notified to this effect by letter dated 10 October 2005.

Notice of the deportation orders was served by registered post requiring the family to present themselves to the Garda national immigration bureau, GNIB, 13/14 Burgh Quay, Dublin 2, on Thursday, 6 October 2005, in order to make arrangements for their deportation from the State. The family presented as required and were given a further presentation date of 13 October 2005. The family failed to present themselves on that occasion and were classified as "evaders".

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 different independent sources, including the UNHCR, in evaluating the safety of making returns to Nigeria and other third countries.

I am satisfied that applications for asylum and leave to remain in the State of the person concerned, together with all refoulement issues, were comprehensively and fairly considered and, as such, their deportation should proceed. To this end, I urge the person concerned to come forward and present herself to the GNIB as soon as possible.