Bernard Durkan (Kildare North, Fine Gael)
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Question 362: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a decision to deport will be deferred in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [29164/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to the Reply I gave to his Dáil Question No. 696 of Tuesday 21 March 2006. The status of the persons concerned remains as set out in that Reply.

Bernard Durkan (Kildare North, Fine Gael)
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Question 363: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will re-examine the decision to deport in the case of a person (details supplied) in County Galway, in view of the compelling evidence of a serious threat to well-being and welfare if deported; if he will have the case fully re-examined to take into account all of the circumstances; and if he will make a statement on the matter. [29165/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 7 March, 2003 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 22 September, 2004, 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, representations to the Minister, in writing, setting out the reasons why 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 on the Prohibition of Refoulement. Consideration was given to representations received on his behalf from his legal representatives for temporary leave to remain in the State. On 10 December 2004, I refused temporary leave to remain in the State and signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on 20 January 2005, in order to make travel arrangements for his deportation from the State. The person concerned failed to present himself as required and was classified as evading his deportation. He should present himself to the GNIB without delay. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside of the State.

The Deputy may 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 country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to Angola and other third countries. In this case, I am entirely satisfied that there are no refoulement related reasons to prevent the deportation of the person concerned.

I am satisfied that the applications made by the person concerned for asylum and subsequently for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.