Dan Boyle (Cork South Central, Green Party)
Link to this: Individually | In context

Question 172: To ask the Minister for Justice, Equality and Law Reform the way in which his Department is dealing with the case of a person, details supplied. [3746/06]

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

The person referred to by the Deputy was a dual asylum applicant. He applied for asylum in the State on two separate occasions, that is, 9 August 2000 and 7 November 2002. In each case, he used different identities. This came to light due to finger printing of the applicant in the second asylum application.

His first asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner, ORAC, and, on appeal, by the Office of the Refugee Appeals Tribunal. The person concerned was informed by letter dated 15 February 2002 that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely 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 first case was examined further 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 his representations for temporary leave to remain in the State lodged on his behalf by the refugee legal service by letter dated 7 March 2002. A deportation order was made in respect of him on 21 August 2002. Notice of this order was served on him by registered post requiring him to present himself to the gardaí in Henry Street, Limerick on 13 September 2002. He presented as required and was given a further presentation date of 20 September 2002. He failed to present on that date and was classified as an evader.

In his second application, the person referred to by the Deputy attended ORAC on 3 April 2003 for interview. Following a fingerprint check by ORAC, it was discovered that the person concerned was a dual asylum applicant. The gardaí were contacted and the person concerned was detained on foot of the original deportation order for 55 days. He was released on 28 May 2003 and given a letter by the gardaí requiring him to present himself again at the Garda National Immigration Bureau, GNIB, on 13 June 2003 for the purposes of arranging his removal from the State. He failed to present and is now being sought by the GNIB for deportation.

It is clear that the person concerned intended to frustrate the system by making two asylum applications under different identities and failing to keep his appointments with the GNIB. I would urge him to come forward and present himself to the gardaí without delay. His removal from the State is now an operational matter for the GNIB.