Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 577: To ask the Minister for Justice, Equality and Law Reform his plans to review deportation procedures; and if he will make a statement on the matter. [31689/09]

Dermot Ahern (Louth, Fianna Fail)
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Where an asylum application is made by a non-Irish national it is considered by the Office of the Refugee Applications Commissioner and, in the event of an appeal, by the Refugee Appeals Tribunal. In the event of negative recommendations from both agencies, or in the case of any third country national found to be illegally present in the State, a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999 is served on the person concerned which affords him/her an opportunity to avail of any one of three specified options. These three options are a) to leave the State voluntarily, b) to consent to the making of a Deportation Order, c) to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead. In the case of refused asylum applicants a fourth option is available d) to apply for Subsidiary Protection.

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. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3(6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard to Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a Deportation Order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

Each asylum application received is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in the person's country of return and the latest reports of the United Nations High Commission for Refugees.

In the event that temporary leave to remain in the State is refused by me, and I sign a Deportation Order, notice of such an order is then served either by registered post, or by hand, requiring the person concerned to present himself/herself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his/her deportation from the State. The enforcement of each deportation order is an operational matter for GNIB.

Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protection Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself and in establishing a more effective and streamlined removal process, as set out in Part 6 of the Bill.