Ivor Callely (Dublin North Central, Fianna Fail)
Link to this: Individually | In context

Question 482: To ask the Minister for Justice, Equality and Law Reform the procedures adopted for the purpose of deporting a person from this State to their country of origin; the number of people deported over the period 1995 to 2005; the costs associated with same; and if he will make a statement on the matter. [25025/06]

Ivor Callely (Dublin North Central, Fianna Fail)
Link to this: Individually | In context

Question 483: To ask the Minister for Justice, Equality and Law Reform the costs associated with hiring chartered flights and the costs associated for seats on scheduled flights over the period 1995 to 2005 for the purpose of deporting a person from this State to their country of origin; and if he will make a statement on the matter. [25026/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 482 and 483 together.

A proposal to deport arises where a person has been formally refused a declaration as a refugee or has become otherwise illegal in the State e.g. having overstayed a visa/work permit etc. In all such circumstances, the person concerned is informed, in writing, that the Minister proposes to make a deportation order in respect of him/her and he/she is afforded three options vis a vis his/her position in the State, 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 to the Minister setting out reasons why he/she should be allowed to remain temporarily in the State i.e. why he/she should not be deported.

Each individual case is 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 is given to any representations submitted in support of the case for the person concerned being given permission to remain temporarily in the State. In the event that permission to remain temporarily in the State is refused, a Deportation Order is signed in respect of the person concerned. Notice of this Order is served by registered post requiring the person concerned to present himself/herself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, or to the local Garda Station in the case of persons resident outside Dublin, in order to make arrangements for his/her deportation from the State. The person concerned is required to present himself/herself and is subject to arrest and detention if they fail to do so.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 (6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement before making a Deportation Order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. 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, objective country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries.

Between January 2002 and the current date, 23 charter flights have been engaged for the purposes of removing persons residing illegally in the State. 723 persons were removed in this way at a total cost of €3,150,073. Details of these charter flights, i.e. dates, destinations, numbers removed (broken down into adults and minors, insofar as this information is available) and individual costs, are set out in the table (Table 1) below.

The above costs do not include Garda expenses associated with these removal operations. I am advised by the Garda Commissioner that, given the wide range of immigration related duties performed by An Garda Síochána, and the Garda National Immigration Bureau (GNIB) in particular, it would not be possible to identify the particular pay and overtime costs incurred by the Gardaí in the context of these charter flights. However, the Garda Commissioner informs me that charter flights involve a lower ratio of Garda escorts to deportees than is the case using conventional scheduled flights, resulting in savings to the Garda budget.

The table below (Table 2) sets out the number of Deportation Orders and Dublin II Regulation Transfer Orders (persons who first claimed asylum in another EU State which subsequently agreed to accept responsibility for the examination of the asylum application) which have been effected each year from late 1999 to 31 May 2006:

The table below (Table 3) sets out the costs associated with removals by commercial/ scheduled flights on an annual basis since the commencement of the Immigration Act, 1999 (as amended) up to the end of 2005. The figures include the costs associated with removing persons whose Deportation Orders were made pursuant to the provisions of the Dublin Convention which preceded the Dublin II Regulation.