Brian Hayes (Dublin South West, Fine Gael)
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Question 468: To ask the Minister for Justice, Equality and Law Reform the number of deportations that have taken place in each year over the past five years; the action his Department is taking to close off the loophole whereby unauthorised immigrants enter the Republic of Ireland via Northern Ireland without proper resident or work permits; and if he will make a statement on the matter. [27265/07]

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. Each case is considered in the context of its own individual facts, merits and circumstances.

The table below provides the deportation statistics requested by the Deputy:

The effect of a deportation order is that the person concerned must leave the State and remain thereafter outside the State. A person who is the subject of a deportation order may re-enter the State legally by first seeking and obtaining the revocation of his/her deportation order. Such an application would require substantial grounds to be successful. Any person attempting to return to the State while still the subject of a valid deportation order, is liable to arrest and detention pursuant to Section 5 of the Immigration Act, 1999, as amended.

I can confirm that there are no fixed controls in respect of persons travelling between North and South and there is no possibility of introducing such controls in the future. Of course I am concerned, and I know that this concern is widely shared both here and in Great Britain, that persons can exploit this absence of fixed controls to move illegally within the CTA. In this regard, I would like to emphasise that the Garda National Immigration Bureau, the British Border and Immigration Agency and the British police work closely together and run regular intelligence led operations aimed at interrupting such illegal movement. These joint operations have successfully prevented foreign nationals moving illegally between the two jurisdictions. Officials from my Department, the Garda National Immigration Bureau and the British Border and Immigration Agency are examining ways to further build on this cooperation.