Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 261: To ask the Minister for Justice, Equality and Law Reform if a review of a deportation order will be undertaken in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [35880/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The person concerned applied for asylum on 27 October 2006. Her asylum application was refused following consideration of her case by the office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned was informed, by letter dated 19th February 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), to be exercised within 15 working days. Namely, to leave the State voluntarily, to consent to the making of a Deportation Order or to make 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.

This communication also advised the person concerned of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 31 July 2009.

Her case was then 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 submitted on her behalf by her legal representative for permission to remain in the State. On 20 August 2009, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to leave the State by 13 September 2009.

The legal representative of the person concerned lodged representations on 21st August 2009 seeking re-consideration of the refusal of permission to remain in the State and these were considered under Section 3(11) of the Immigration Act 1999, (as amended). This application was refused and the Deportation Order was affirmed. The person concerned and her legal representative were notified of this decision by letter dated 14 September 2009. The person concerned should present herself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on 13 October 2009 in order to make travel arrangements for her removal from the State.

I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her is justified. 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 GNIB.