Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context

Question 414: To ask the Minister for Justice and Equality if he will review the pending deportation order in respect of a person (details supplied) in County Mayo; if his attention has been drawn to the fact that the person did not have adequate legal representation during the processing of their claim for asylum, that they were the victim of sustained sexual abuse from a very young age which led to them leaving their home country; if his further attention has been drawn to the fact that due to the circumstances under which they left their home country they are at real and substantial risk of sexual violence if returned there, as well as there being a danger to their life and that of their family; and if he will make a statement on the matter. [12787/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The person concerned arrived in the State on 22 April 2003 and applied for asylum. She was deemed to be an unaccompanied minor and as such was accompanied by a (then) Health Board official when making her application. Following due consideration of her case in accordance with law, the Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal.

In the matters of legal representation, the records indicate that the applicant received legal assistance throughout the determination process and subsequently. In that regard, she availed of the assistance of the Refugee Legal Service as well as the service of a solicitor in private practice during the course of her application. Following the refusal of her asylum claim, representations were received under Section 3 of the Immigration Act, 1999 (as amended) from the person concerned with the assistance of the Refugee Legal Service. After examination, it was recommended to the then Minister for Justice, Equality and Law Reform to sign a Deportation Order in respect of the person concerned which was duly signed on 27 October 2004. The Order required her to remove herself from the State. She presented herself to the Garda National Immigration Bureau initially but failed to 'present' since 5 July 2005.

On 6 October 2005 she initiated Judicial Review Proceedings in the High Court, challenging the Minister's decision to make a Deportation Order against her. On 23 March 2007, the High Court refused the Judicial Review Leave Application. She instituted further Judicial Review proceedings on 10 February 2010 challenging the Subsidiary Protection decision made in respect of her son and the Deportation Order made against her son. Accordingly, as the matter is sub judice, I do not propose to comment further.