Written answers

Thursday, 16 October 2008

Department of Justice, Equality and Law Reform

Deportation Orders

7:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 56: To ask the Minister for Justice, Equality and Law Reform the progress in the past year in the case of an application for residency and citizenship in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35331/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 7 May 2002. He claimed asylum on 31 May 2002 and his application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 24 May 2004 that the Minister proposed to make a Deportation Order in respect of him and afforded him 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 he should be allowed to remain temporarily in the State i.e why he should not be deported.

His 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 his behalf for permission to remain in the State. On 21 July 2005 one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Thursday 4 August 2005 in order to make travel arrangements for his removal from the State. He presented as required and was given further presentation dates which he kept.

By letter dated 23 July 2008, the legal representatives of the person concerned applied for the revocation of his Deportation Order. On 9 October 2008 I affirmed the Deportation Order in this case. Notice of the affirmed Deportation Order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Thursday 6 November 2008 in order to make travel arrangements for his removal from the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 57: To ask the Minister for Justice, Equality and Law Reform the progress since 7 May 2008 in the case of an application for leave to remain or other status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [35332/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 20 December 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 March 2006, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making 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.

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 representations received on her behalf. On 9 October 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of the person concerned. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 4 November 2008 in order to make travel arrangements for her removal from the State.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for GNIB.

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