James Breen (Clare, Independent)
Link to this: Individually | In context

Question 236: To ask the Minister for Justice, Equality and Law Reform if a deportation order on a person (details supplied) will be revoked; and if he will make a statement on the matter. [6216/06]

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

The person concerned arrived in the State on 20 July 2001 and applied for asylum. His application was refused following consideration of his 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 29 August 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 submit, within 15 working days, representations to the Minister, in writing, setting out the reasons he should be allowed to remain temporarily in the State.

His 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 his behalf for temporary leave to remain in the State. On 17 September 2003, I refused temporary leave to remain and instead signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the gardaí in Ennis, County Clare, on 20 November 2003, in order to make travel arrangements for his deportation from the State. The person concerned failed to present as required and was classified as evading his deportation. The effect of the deportation order is that he must leave the State and remain thereafter out of the State.

The person referred to by the Deputy married an Irish national in Belfast on 5 November 2004. I understand he was subsequently granted temporary residency in the United Kingdom, based on this marriage to a national from another EU state exercising her treaty rights there. The person concerned attempted to illegally re-enter the State on 4 November 2005, but was refused leave to land on foot of his valid deportation order and was returned to the United Kingdom.

The person concerned has made an application through his legal representatives to my Department for the revocation of his deportation order and permission to reside in Ireland based upon his marriage. This application has yet to be decided and a reply is expected to issue soon to his legal representatives.