Written answers

Thursday, 26 May 2016

Department of Justice and Equality

Deportation Orders Re-examination

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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43. To ask the Minister for Justice and Equality if she will defer a decision to deport a person (details supplied) until a review can be undertaken which might address a number of conclusions arrived at in determining the person's eligibility for refugee status, given considerable doubts with regard to the basis of the decision to refuse refugee status; and if she will make a statement on the matter. [12342/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 10th July, 2008, following the refusal of the asylum claim made by the person concerned and the detailed consideration of their case under Section 3 of the Immigration Act 1999 (as amended). That Order remains valid and in place.

Representations were received from the person concerned, in June, 2015, requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the consideration of that request, a decision was taken in May, 2016 that the Deportation Order should be 'affirmed' and this decision was communicated to the person concerned by registered post dated 9th May, 2016. On foot of that decision, the person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 12th May, 2016 to make arrangements for their deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.

The effect of a Deportation Order is that the person named on the Order is legally obliged to leave the State and to remain outside the State thereafter. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.

Given that the asylum claim made by the person concerned was refused in May, 2007, I see no basis for having that claim re-visited at this time, some nine years on.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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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