Bernard Durkan (Kildare North, Fine Gael)
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Question 86: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will review the decision to deport in the case of a person (details supplied) in Dublin 7 on humanitarian grounds; and if he will make a statement on the matter. [35048/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 11 April, 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 10 July, 2002 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 11 September 2003, 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 Gardaí in Mill Street, Galway on 30 October 2003 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 therefore present himself to the Garda National Immigration Bureau without delay. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside of it.

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. The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.

Dan Boyle (Cork South Central, Green Party)
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Question 87: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the status of a person (details supplied). [35079/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned, a Nigerian national, arrived in the State on 19 August, 2003 and applied for asylum. His application was refused by the Office of the Refugee Applications Commissioner on 17 June, 2004, and he was informed that in accordance with Section 13(2)(c) of the Refugee Act 1996 as amended, there was no appeal against that recommendation.

In accordance with Section 3 of the Immigration Act 1999, the person concerned was informed on 20 July, 2004 that the Minister was proposing to make a deportation order in respect of him. He was in accordance with the Act, given the option of making representations within 15 working days setting out the reasons why he should not be deported i.e. be allowed to remain temporarily in the State; leaving the State before the deportation order was made; or consenting to the making of the deportation order. No representations were received from or on behalf of the person concerned. Judicial Review proceedings were instigated by the person concerned on 20th July, 2005 and the proceedings were settled.

I expect the case file in this matter to be submitted to me in due course for decision. This decision will be taken having regard to considerations specified in section 3(6) of the Immigration Act 1999, as amended. These considerations include matters relating to the common good, the person's family and domestic circumstances, as well as humanitarian considerations. Consideration will also be given to the prohibition of refoulement which is contained in section 5 of the Refugee Act 1996 as amended.