Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 303: To ask the Minister for Justice, Equality and Law Reform the powers which he has to overturn the decision to deport an individual following the exhaustion of all other review processes; and if he will make a statement on the matter. [46179/08]

Dermot Ahern (Louth, Fianna Fail)
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The powers of the Minister for Justice, Equality and Law Reform in the area of repatriation are derived from the provisions of Section 3 of the Immigration Act, 1999 (as amended). Specifically, Section 3(1) of that Act provides for the making of Deportation Orders, Section 3(2) of the Act provides for the circumstances under which such an Order may be made while Sections 3(3) and 3(4) of the Act set out the procedures which must be followed in notifying a person who is illegally present in the State of the Minister's intention to issue a Deportation Order against that person.

The Deputy should note that where a person is notified of the Minister's intention to issue a Deportation Order against them, he/she is afforded the opportunity to submit written representations setting out reasons as to why they should not be deported and should instead be granted temporary leave to remain in the State with any such representations being considered under the various headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended) before a final decision is taken by the Minister in that case. The Deputy should also note that each individual case must be considered having regard for the provisions of Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this detailed consideration has been completed by Department Officials, a recommendation is made to the Minister as to whether a Deportation Order should be made or if, instead, temporary leave to remain in the State should be granted. Where such an Order is made, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

The Deputy might wish to note that persons notified of the Minister's intention to issue a Deportation Order against them tend to arise from two primary sources i.e. persons whose asylum claims have been refused following the individual assessment of such claims by the two statutory refugee status determination bodies viz. the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal and persons who have otherwise become illegally resident in the State arising from the expiry of a Visa or Work Permit or persons identified as having been working illegally in the State. The Deputy should note that the same detailed consideration process is applied to all cases and regardless of whether or not written representations are submitted. In light of the above, the Deputy will appreciate that decisions to make Deportation Orders are not taken lightly and indeed such decision making is guided by, among other things, international law and Supreme and High Court Judgments.

In relation to the Deputy's enquiry about possible powers to overturn a deportation decision, Section 3 (11) of the Immigration Act, 1999 (as amended) specifically provides the Minister for Justice, Equality and Law Reform with the power to revoke a Deportation Order where circumstances dictate that he should do so. However, the Deputy will appreciate that any application made under Section 3 (11) of the Act would need to be supported by information or documentation that was not, or could not have been, considered by the Minister in arriving at the earlier decision to make the Deportation Order.