Written answers
Thursday, 25 April 2013
Department of Justice and Equality
Deportation Orders
Bernard Durkan (Kildare North, Fine Gael)
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175. To ask the Minister for Justice and Equality if he will re-examine the deportation order in the case of a person (details supplied) in County Longford; if the deportation order can be revoked pending a full investigation notwithstanding the previous assessment of the case and keeping in mind that considerable change in circumstances in taken place sine 2004; and if he will make a statement on the matter. [19720/13]
Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to the Reply given to his Parliamentary Question Number 18674/13 of the 23 April, 2013. The status of the person concerned is as set out in that reply.
However, if new information or circumstances have come to light, which have a direct bearing on his case and which has arisen since the original 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 nor would it be considered until such time as the person concerned complies with the terms of the Deportation Order.
The person concerned is the subject of a Deportation Order signed on 11th March 2005 following a comprehensive and thorough examination of his asylum claim and of his application to remain in the State. He has been evading his deportation since 19 May 2005 and should he come to the notice of the Gardaí, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.
As a matter of policy, I do not intend to reward persons who have failed a very fair, thorough and comprehensive asylum process, and who have then proceeded to evade their deportation for several years.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
Bernard Durkan (Kildare North, Fine Gael)
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176. To ask the Minister for Justice and Equality further to Parliamentary Question No. 199 of 28 March 2013, if he will take into account in the determination of a case in respect of a person (details supplied) in Dublin 20, if, given that change of circumstances since the making of the deportation order, this maybe cited as sufficient change of circumstances to merit the withdrawal of the order; and if he will make a statement on the matter. [19721/13]
Alan Shatter (Dublin South, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) that representations were recently received from the person's legal representative asking that this Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999, (as amended). When a decision has been made on that application, the decision will be conveyed in writing to the person concerned.
The person concerned is the subject of a Deportation Order signed on 20 April 2010, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, 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 outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
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