Written answers

Tuesday, 28 March 2006

Department of Justice, Equality and Law Reform

Asylum Applications

11:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 364: To ask the Minister for Justice, Equality and Law Reform if he will reconsider his decision to deport a person (details supplied) who arrived here seeking asylum in 2001; and if he will make a statement on the matter. [11612/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, who is from Sierra Leone, arrived in the State on 22 August 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 25 April 2003 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, written representations 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, as amended, on the prohibition of refoulement. Consideration was given to the representations submitted on behalf of the person concerned by his legal representatives for temporary leave to remain in the State. On 10 December 2004 a deportation order was signed in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself to the Garda National Immigration Bureau, GNIB, 13-14 Burgh Quay, Dublin 2, on 20 January 2005 to make arrangements for his deportation from the State.

The person concerned presented as required and was given further presentation dates throughout 2005. He presented again on 8 March 2006 and was given a further presentation date of 21 March 2006 at 2 p.m. He presented as required on that date and was given a further presentation date of 28 March 2006.

It should be noted that the deportation order served on this person requires him to leave the State and, in default of his not leaving, the Garda national immigration bureau is charged with removing him to his country of origin or to any other country where he will be allowed enter. There are operational difficulties regarding removals such as this, not least the acquisition of travel documents to enable him to be returned. These difficulties do not serve to validate his remaining in the State and the GNIB will continue to place reporting requirements on this person until such time as the deportation order can be effected.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 365: To ask the Minister for Justice, Equality and Law Reform if he will reconsider his decision to deport a person (details supplied) in view of their medical condition. [11619/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 5 November 2001 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 concerned was informed by letter dated 30 May 2003 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 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 11 May 2005 I refused temporary leave to remain in the State 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, GNIB, on 7 June 2005 to make travel arrangements for her deportation from the State. The person concerned 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 decision to issue a deportation order in this case was taken following a comprehensive examination of her asylum claim and of her application to remain temporarily in the State. Further representations on medical grounds for temporary leave to remain in the State, dated 30 May 2005, 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.

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