Brian O'Shea (Waterford, Labour)
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Question 121: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his proposals to award appropriate compensation to a person (details supplied) who was wrongfully deported from the State on 3 October 2006; and if he will make a statement on the matter. [39758/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I wish to advise the Deputy at the outset that the person concerned was not deported from the State but rather refused leave to land.

An immigration officer at any point of entry to the State has the power to refuse leave to land to a person seeking to enter the State pursuant to Section 4 (3) of the Immigration Act, 2004. I am informed that in this case, it appears that the immigration officer relied on Section 4 (3) (g) of the aforementioned Act. The relevant section provides, inter alia, that 'An immigration officer may, on behalf of the Minister, refuse to give permission to land to a non-national if the officer is satisfied that he/she is not in possession of a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality'.

As the immigration officer was acting within his remit and in accordance with the statute law of the State, the issue of compensation does not arise.