James Bannon (Longford-Westmeath, Fine Gael)
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Question 13: To ask the Minister for Justice, Equality and Law Reform the justice being served by imprisoning a person (details supplied). [34115/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The person concerned arrived in the State on 25 June 2001 and subsequently claimed asylum on that day. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. She appealed this decision and was notified by the Refugee Appeals Tribunal that her appeal had been refused and the original recommendation upheld.

The person concerned was informed by letter dated 16 October 2002 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, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e why she should not be deported.

Representations were received on her behalf on the 10th of December 2002 setting out the reasons why she ought to be granted leave to remain in the State under Section 3 of the Immigration Act 1999. Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on her behalf for permission to remain temporarily in the State. On the 27th of February 2004 the then Minister refused permission to remain temporarily in the State and signed a Deportation Order in respect of the person concerned. A notice of the order dated 5 March 2004 was served by hand on the person concerned.

The person concerned was given presentation requirements with the Garda National Immigration Bureau (GNIB). She failed to comply with the requirements of GNIB and was classed as an evader and arrested and lodged in Dochas Women's prison for the purpose of deportation. The person concerned suffered from medical problems and was released from Dochas. Judicial Review proceedings were filed in the High Court on the 8th December, 2005 challenging the then Minister's decision to seek to deport her. On the 6th July, 2007, the Judicial Review leave application was heard. The person concerned failed to appear in court therefore breaking her conditional release conditions. The Judge then ordered that she attend court on 11th July 2007 and in his judgement of 13th July, 2007 he refused the Applicant's Leave Application. Arrangements were then made to deport the person in question.

On the 22nd August, 2007 the person concerned was sent an arrangements letter affirming the Deportation Order and requiring her to comply with the reporting arrangements of the Garda National Immigration Bureau. The person concerned complied on a number of occasions until she failed to attend GNIB as requested on the 29th November, 2007 and was subsequently arrested and lodged in Dochas Women's Prison for the purpose of deportation. On the 5th December, 2007 the person concerned was released on medical grounds.

I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.