Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Illegal Immigrants

7:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 84: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 121 of 23 November 2006, if he will review the issue of compensation in the case of a person (details supplied); and if he will make a statement on the matter. [42187/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Further to my Reply to Question No. 121 on Thursday 23 November 2006, I am advised by An Garda Síochána of the following details.

In performing his or her functions under the Immigration Act, 2004, an Immigration Officer is obliged, pursuant to the provisions of the Immigration Act, 2004, to have regard to all the circumstances of the non-national concerned made known to the officer, or represented to the officer, by him or her. On arrival in the State, non-nationals are obliged, pursuant to the provisions of the Immigration Act, 2004, to present to an Immigration Officer for the purpose of making an application to land in the State. Every person landing in the State is obliged, pursuant to Section 11 (2) of the aforesaid Act, to furnish to an Immigration Officer such information in such manner as an Immigration Officer may reasonably require for the purposes of the performance of his or her functions. The person concerned failed to comply with requests for further information made by the Immigration Officer in this case.

The specifics of the case are as follows. On 2 October 2006 the person referred to by the Deputy landed at Dublin Airport having travelled on board an Air France flight from Paris. She approached the Immigration Control at Pier C and presented a Portuguese passport. On examination of this passport the Immigration Officer was not satisfied that the person handing it to him was the same person whose photograph was contained in the document. As a consequence of this assessment by the Immigration Officer, he refused the person concerned permission to land in the State. The Immigration Officer was not satisfied that the person seeking such permission was in possession of a valid passport, or other equivalent document, issued by, or on behalf of, an authority recognised by the Government, which establishes her identity and nationality. The person concerned was informed, in writing, of the grounds for her refusal of leave to land.

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