Brian O'Shea (Waterford, Labour)
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Question 185: To ask the Minister for Justice, Equality and Law Reform if he will urgently review the case of persons (details supplied) in County Waterford, who have been taken into custody and who have had deportation orders served on them, in regard to the health issues and danger to their lives if they are deported; and if he will make a statement on the matter. [11549/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The persons concerned, a husband and wife, arrived in the State on 25 April 2001 and 30 December 2000 respectively and applied for asylum. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

The persons referred to by the Deputy were informed, by letter dated 16 August 2002, that the Minister proposed to make deportation orders in respect of them and afforded them three options under 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 the reasons why they should be allowed to remain temporarily in the State.

Their cases were examined under section 3(6) of the Immigration Act 1999, as amended, including consideration of representations for temporary leave to remain in the State lodged on their behalf by their legal representatives. In addition to the 11 factors contained in section 3(6) of the Immigration Act 1999, as amended, I must also have regard for section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement before signing a deportation order. This means in essence that the safety of returning a person to their country of origin, or refoulement as it is referred to, is fully considered in every case when deciding whether to make a deportation order.

Refoulement 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, in each individual case, the safety of making returns to Nigeria and other third countries.

On 11 March 2005, I signed deportation orders in respect of the persons concerned. Notice of the deportation orders was served by registered post requiring the couple to present themselves to the Garda National Immigration Bureau, GNIB, on Thursday, 7 April 2005, to make arrangements for their deportation from the State. The couple failed to present themselves as required and were thus classified as evading their deportation.

On 15 March 2005 the couple were arrested and are currently detained in prison pending the making of arrangements for their removal from the State. Representations have been made to the effect that the wife is suffering from a medical condition. Her legal representatives have been asked to provide up to date medical reports by 31 March 2006. These reports will be considered prior to removal but it should be understood that in the meantime, arrangements for their removal from the State will continue. The enforcement of the deportation orders remains an operational matter for the GNIB.