Written answers

Wednesday, 12 January 2011

Department of Justice, Equality and Law Reform

Deportation Orders

2:30 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 540: To ask the Minister for Justice and Law Reform if he will review the case of a person (details supplied) in Dublin 8 with particular reference to danger to their safety and well-being if returned to their homeland; and if he will make a statement on the matter. [48493/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The persons referred to by the Deputy are a mother and her young child. While only the mother is named in the Deputy's Question, it is being assumed that as both reference numbers are provided, he is seeking information on both cases.

Arising from the refusal of their respective asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 8th September, 2010, that the Minister proposed to make Deportation Orders in respect of them. They were each 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 them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection and, following consideration of these applications, it was determined that the persons concerned were not eligible for Subsidiary Protection. The persons concerned were notified of these decisions by separate letters dated 6th December, 2010.

The cases of the persons concerned were 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 and all representations received were considered before decisions were arrived at in their cases. On 9th December, 2010, Deportation Orders were signed in respect of the persons concerned. These Orders were served by registered post dated 15th December, 2010. These communications advised the persons concerned of the legal requirement that they 'present' at the Offices of the Garda National Immigration Bureau (GNIB) on 6th January, 2011 in order to make arrangements for their deportation from the State. Further representations were received on behalf of the persons concerned on that date. These representations will now be considered as applications under Section 3 (11) of the Immigration Act 1999 (as amended) to have the Deportation Orders revoked. When decisions have been taken on these applications, the persons concerned will be notified in writing of the decisions and of the consequences of the decisions. In the meantime, the persons concerned are required to adhere to any residency or reporting requirements placed on them by the Garda National Immigration Bureau.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

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