Ivor Callely (Dublin North Central, Fianna Fail)
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Question 82: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of asylum applicants that have been served deportation orders over the past five years; the number who were deported; the number who left voluntarily following the serving of deportation orders; the number that went missing; and if he will make a statement on the matter. [6436/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The total number of cases considered for deportation under Section 3 (6) of the Immigration Act, 1999 (as amended), for the five year period 2002-2006 and the results thereof are shown in Table A as follows:

The majority of the above cases referred to in the Table involve persons who claimed asylum but their claims were rejected.

I wish to dispel any confusion on the part of the Deputy with regard to the voluntary repatriation process. Following rejection of an asylum claim by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal, the person concerned is informed by letter that the Minister is proposing to make a deportation order in respect of him/her and he/she is afforded three options in accordance with Section 3 (3) (b) (ii) of the Immigration Act, 1999, as amended, one of which is to leave the State voluntarily. This option ceases once a deportation order has been signed by me.

The total number of persons who opted to voluntarily repatriate during the five year period 2002-2006 is provided in Table B as follows:

My Department's records show that, at present, there are circa 7,214 persons represented as evading Deportation Orders, whose whereabouts are unknown to the Garda National Immigration Bureau. However, it is believed that most of these have already left the State. If, however, it is the case that any of these persons are still in the State, their presence here is illegal and they are therefore subject to arrest and detention for the purposes of their removal from the State. In a very significant number of cases, Deportation Orders have not been effected arising from challenges in the High Court by way of Judicial Review. There are, as of the 16 February 2007, 478 'live' judicial review cases ongoing and the enforcement of Orders in these cases is generally suspended pending the outcome of such proceedings. As the Deputy is no doubt aware, the enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.