John Curran (Dublin Mid West, Fianna Fail)
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Question 435: To ask the Minister for Justice, Equality and Law Reform if a deportation order for a person (details supplied) who has left this country for approximately the past fifteen months might be lifted. [26909/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 19 October 2001 and was granted temporary permission to remain on foot of a work permit. She subsequently decided to pursue a full time course of studies, however her attendance record did not meet the course requirements.

The person concerned was informed by letter dated 19 May 2004 that the Minister proposed to make a deportation order in respect of her and afforded her three options in accordance with Section 3(3) (b) (ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why she should be allowed to remain temporarily in the State.

The case of the person concerned was examined under Section 3 (6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996 on the Prohibition of Refoulement. On 3 August 2004, my predecessor refused temporary leave to remain in the State and signed a deportation order in respect of her. Notice of this order was served by registered post requiring her to present herself to the Garda National Immigration Bureau (GNIB), 13/14 Burgh Quay, Dublin 2, on 3 March 2005, in order to make travel arrangements for her deportation from the State. The person concerned failed to present herself as required and was classified as evading her deportation.

The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State. Anyone evading his/her deportation order and remaining in the State is liable to arrest and detention pursuant to Section 5 of the Immigration Act, 1999, as amended.

My Department does not appear to be in receipt of any application for permission to remain in the State on foot of marriage to an Irish National. However, in order for such an application to be accepted, both parties must be resident in the State.

A person the subject of a deportation order may apply to have his/her deportation order revoked pursuant to Section 3 (11) of the Immigration Act, 1999, as amended. However, any such application would require substantial grounds to be successful.