Brian O'Shea (Waterford, Labour)
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Question 614: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Waterford concerning whom a deportation order has been signed; and if he will make a statement on the matter. [10254/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 23 May 2005 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

The person was informed by letter dated 17 January 2006 that the Minister proposed to make a deportation order in respect of her and afforded her 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 why she should be allowed to remain temporarily in the State.

Her 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 her behalf for temporary leave to remain in the State. On 27 February 2006 I refused temporary leave to remain and instead signed a deportation order in respect of her. Notice of this order was served by registered post, requiring her to present herself to the Garda National Immigration Bureau, on 9 March 2006 in order to make travel arrangements for her deportation from the State. The person failed to present as required and was classified as evading her deportation. The effect of the deportation order is that she must leave the State and remain thereafter out of the State.

The person is awaiting deportation following a comprehensive examination of her asylum claim and of her application to remain temporarily in the State. Further representations for temporary leave to remain in the State, dated 6 March 2006, were received from the legal representatives of the person concerned. These representations were considered pursuant to the provisions of the Immigration Act 1999, as amended, following which it was decided that the contents were not such as to warrant the revocation of the deportation order. The decision to deport therefore remains unchanged.

The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.