Written answers

Wednesday, 12 October 2011

Department of Justice, Equality and Defence

Deportation Orders

7:00 pm

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 146: To ask the Minister for Justice and Equality if he will allow a person (details supplied) to remain in County Longford until he has completed his secondary education at a local school; and if he will make a statement on the matter. [29034/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 24th March, 2006 and applied for asylum. His application was refused following detailed consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11th February, 2009, that it was proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection. This position was notified to the person concerned by letter dated 19th May, 2010.

The case of the person concerned was then considered 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 before a Deportation Order was made in respect of him on 3rd June, 2010. This Order was served by registered post dated 9th June, 2010. Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau. As the person concerned remains the subject of a Deportation Order, he is required to leave the State and remain thereafter out of the State.

I am satisfied that the case of the person concerned was given careful and detailed consideration at all stages of the asylum and immigration processes. I am equally satisfied that all representations submitted by and on behalf of the person concerned were given the fullest consideration before the decision to make a Deportation Order was taken. Against this background, I see no reason to re-visit the case of the person concerned.

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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