Written answers

Thursday, 9 March 2006

Department of Justice, Equality and Law Reform

Deportation Orders

3:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 169: To ask the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Waterford who are being called to the Garda National Immigration Bureau in Dublin to facilitate their deportation; and if he will make a statement on the matter. [9929/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned arrived in the State on 2 March 2001 and applied for asylum. Their applications were refused following independent consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

They were informed in letters dated 28 August 2002 that their asylum applications had been refused and that, as a result, I proposed to make deportation orders in respect of them. This communication also advised the persons concerned that, as their entitlement to be in the State had expired, they were being afforded three options in accordance with the provisions of section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely, to leave the State voluntarily, to consent to the making of deportation orders or to submit, within 15 working days, written representations setting out reasons they should be allowed to remain temporarily in the State, that is, why they should not be deported.

Following the receipt of such representations, the cases of the persons concerned were examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement following which, on 26 August, 2004, I signed deportation orders in respect of the persons concerned. Notice of this order was served by registered post requiring them to present themselves to the member in charge, Garda National Immigration Bureau, 13 to 14 Burgh Quay, Dublin 2 on 13 January 2005, in order to make arrangements for their removal from the State.

Since deportation orders were signed in respect of the persons concerned, further representations on their behalf have been received in my Department making a further case that the persons concerned should be granted leave to remain in the State. I understand that these representations are being considered at present by Department officials following which the file will be passed to me for final decision.

I understand from the Garda National Immigration Bureau that the persons concerned were due to present themselves to that bureau again on 8 March 2006. However, the Deputy can be assured that no arrangements will be made for the removal of the persons concerned from the State until such time as the further representations submitted on their behalf have been fully considered and a final decision taken by me in the matter.

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