Finian McGrath (Dublin North Central, Independent)
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Question 507: To ask the Minister for Justice, Equality and Law Reform if he will assist a person (details supplied) in Dublin 15; and if he will ensure that all Gardaí act in a professional manner. [18583/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person in question is a recognised refugee in the State under the 1951 United Nations Convention relating to the status of refugees and as such is subject to certain conditions. These conditions include the need to register with the Garda National Immigration Bureau and to keep that registration up to date, to use a valid 1951 United Nations travel document (available from my Department) when travelling outside the State and to comply with any visa requirements applicable in the country s/he is travelling to or transiting through.

An Immigration Officer is entitled to investigate the circumstances surrounding the arrival or departure of persons to or from the State and to seek evidence of identification and entitlement to be in the State. The Garda Commissioner advises me that the person in question was unable to produce a valid travel document or a valid registration card when he sought leave to re-enter the State at Dublin Airport on 15th May 2007. This constitutes a criminal offence under Section 12 of the Immigration Act, 2004 and in such circumstances an Immigration Officer is entitled to refuse the person leave to land and have him/her removed from the State. The person in question claimed to be travelling from the UK but on examination of his out of date travel document, the Immigration Officer could find no UK immigration stamp applicable to his dates of travel or evidence of him being granted a visa to visit the UK. Enquiries made with the UK authorities revealed no record of the person having applied for or been granted a visa to travel to the UK. This constitutes a further abuse of immigration law as freedom of movement within the UK-Ireland common travel area is only applicable to citizens of either country and the person in question is subject to UK visa requirements.

I am satisfied that the Immigration Officer acted in a professional manner by granting the person leave to land on humanitarian grounds notwithstanding his invalid documentation.