Written answers

Thursday, 1 July 2010

Department of Justice, Equality and Law Reform

Deportation Orders

10:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the position regarding an application for residency and family reunification in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [28920/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 October 2005, that the Minister proposed to make Deportation Orders in respect of her and her two children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her two children. Representations have been submitted by and on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Question 156: To ask the Minister for Justice, Equality and Law Reform the reason a person who provided medical evidence of having been tortured has been refused refugee status and served with a deportation order; and if he will make a statement on the matter. [28926/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned was not declared to be a refugee because the facts established in his case did not reveal that he had a well founded fear of persecution in his country of origin, for reasons of race, religion, nationality, membership of a particular social group or political opinion, as defined in Section 2 of the Refugee Act 1996 (as amended).

The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). 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 Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 157: To ask the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Meath in view of an incident; and if he will make a statement on the matter. [28949/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim, and a comprehensive and thorough examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

However, if new information or circumstances have come to light, which has a direct bearing on his case and which have arisen since the original decision to sign the Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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