Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 339: To ask the Minister for Justice, Equality and Law Reform the number of women and girls deported to the Democratic Republic of Congo in the past twelve months; if the extent of gender based violence in the DRC is taken into consideration in deportation proceedings against women and girls; and if he will make a statement on the matter. [24142/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 (6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a deportation order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources in evaluating the safety of making returns to third countries.

Each asylum application received from a citizen of the Democratic Republic of Congo (DR Congo), whether male or female, is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in DR Congo and the latest reports of the United Nations High Commission for Refugees.

Since the commencement of the Immigration Act, 1999, as amended, my predecessors have signed a total of 118 deportation orders in respect of nationals of the DR Congo. In the past twelve months the Garda National Immigration Bureau has not enforced any deportation orders in respect of women and girls who are nationals of the DR Congo.