Jack Wall (Kildare South, Labour)
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Question 188: To ask the Minister for Justice, Equality and Law Reform if there is an appeal mechanism available to persons (details supplied) in County Kildare in relation to a recent ministerial order in regard to the deportation of the persons; and if he will make a statement on the matter. [44371/08]

Dermot Ahern (Louth, Fianna Fail)
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The persons concerned, a mother and two adult children (a son and a daughter), were admitted to the State variously on 1 November 2007, 4 December 2005 and circa late September 2007 respectively. They were subsequently granted permission to remain for a limited period in each case. On the expiration of the temporary periods of residence, the persons concerned remained in the State without my permission. They then became illegally present in the State.

The persons concerned were then informed by letters dated 30 June 2008, and in one case 1 July 2008, that the Minister proposed to make Deportation Orders in respect of them and afforded them 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 Deportation Orders or to submit, within 15 working days, written representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State i.e. why they should not be deported.

Their 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 in each case to representations submitted by the persons concerned for permission to remain temporarily in the State. On 12 November 2008, I refused temporary leave to remain in the State and instead signed Deportation Orders in respect of them. Notices of these Orders dated 19 November 2008 were served by registered post requiring the persons concerned to present themselves at the Garda National Immigration Bureau (GNIB) on Tuesday 16 December 2008, in order to make travel arrangements for their deportation from the State.

There is no appeals mechanism is respect of Deportation Orders. That said, it is possible to make an application for revocation of the Deportation Orders pursuant to Section 3(11) of the Immigration Act, 1999, as amended. However any such applications would require substantial grounds in order to be successful. The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State.

I am satisfied that the applications made on behalf of the persons concerned for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, accordingly, the decision to deport them is justified. The enforcement of the Deportation Orders is an operational matter for the Bureau.