Written answers

Thursday, 13 October 2011

Department of Justice, Equality and Defence

Deportation Orders

2:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 198: To ask the Minister for Justice and Equality the procedures to be followed in respect of deferring a deportation order in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [29435/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The person concerned arrived in the State on 20th August, 2008 and applied for asylum. Her application was refused following detailed consideration of her 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 26th March, 2009, that it was proposed to make a Deportation Order in respect of her. She 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 she should not be deported. She was also advised of her 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, through her then legal representative, submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

The case of the person concerned was 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 her on 19th May, 2009. This Order was served by registered post dated 29th May, 2009 which placed a legal obligation on the person concerned to comply with any reporting requirements placed on her by the Garda National Immigration Bureau Once a Deportation Order has been served, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

If there has been a change in the circumstances of the person concerned, or if new information has come to light which has a direct bearing on her case, there remains the option for her to apply to me for the revocation of her Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). However, any such application would need to reflect substantially changed circumstances on the part of the person concerned or her country of origin before it had any chance of a successful outcome.

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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