Ruairi Quinn (Dublin South East, Labour)
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Question 429: To ask the Minister for Justice, Equality and Law Reform if he has signed a deportation order and if his Department or the Garda Síochána has initiated deportation procedures against persons (details supplied); if he accepts responsibility for putting the child's life at risk which could happen following a forced deportation to Nigeria; and if he will make a statement on the matter. [13085/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person in question arrived in the State on 25 January 2005 and applied for asylum. Her asylum 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 8 September 2005 that the Minister proposed to make a deportation order in respect of her. She was afforded her three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, as amended: to leave the State voluntarily, to consent to the making of a deportation order or to submit within 15 working days representations in writing to the Minister setting out the reasons she should be allowed to remain temporarily in the State. The person's case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, which relates to the prohibition of refoulement. All representations received on behalf of the person for temporary leave to remain in the State were considered.

Representations were received from the person's legal representatives, advising officials from the Department of Justice, Equality and Law Reform that she had given birth to a baby boy who was born in the State on 9 June 2005. On 18 November 2005 a deportation order was signed in respect of the person. Notice of the order was served by registered post, requiring her to present herself to the Garda National Immigration Bureau on 1 December 2005 to make arrangements for her removal from the State. She presented herself as required and has been given further presentation dates in the interim. She most recently presented herself to the Garda at Anglesea Street Garda station in Cork on 30 March last and is due to present again today. Further medical reports in respect of the child have recently been received from the legal representatives of the person concerned and a further medical report will issue in June 2006. On that basis, an undertaking has been given not to effect the deportation pending receipt of the further medical reports. In the meantime, all reporting arrangements imposed by the Garda National Immigration Bureau on the person are to be observed. I intend to reconsider the case following a detailed examination of all medical reports submitted.