Paul Kehoe (Wexford, Fine Gael)
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Question 80: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason a person (details supplied) was deported; if an opportunity to appeal this decision will be allowed; and if he will make a statement on the matter. [37181/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The person concerned arrived in the State on 3 January, 2002, (with a valid entry visa and work permit), in order to take up employment. However after approximately one month the person concerned left his employment resulting in the cancellation of the aforementioned work permit. Subsequently the person concerned left the State but returned in July, 2002, without a valid entry visa and secured employment in the 'black economy' until he came to the attention of the Gardaí in October, 2004, when he was arrested. As a direct consequence of this, the arresting Garda requested my Department to issue him a Notification under Section 3 (4) Immigration Act, 1999, which was duly issued to him on 15 November, 2004, which afforded him three options: to leave the State voluntarily; to consent to the making of a Deportation Order against him; to make representations for temporary leave to remain in the State.

Subsequently his case was examined under Section 3 of the Immigration Act, 1999, (as amended), and I duly signed a Deportation Order in respect of him on 22 December, 2005, which issued to him, by registered post, on 26 January, 2006, requesting him to present to the Garda National immigration Bureau, (GNIB), on 02 February, 2006, so that arrangements could be made for his deportation from the State. However he failed to present to the GNIB as requested and was recorded as having evaded his deportation. He subsequently came to the attention of the Gardaí and a second letter was served on him by hand on 14 March, 2006, and he was subsequently deported to the Ukraine on 3 May, 2006.

The person concerned was afforded the opportunity to make representations to my Department prior to my signing the Deportation Order in respect of him, but did not avail of this opportunity. However, he can apply to my Department to have the Deportation Order revoked.