Bernard Durkan (Kildare North, Fine Gael)
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251. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 228 of 19 June 2018 (details supplied), if representations sent on the person's behalf on 12 and 19 June 2018 have been received in the relevant section of his Department in view of the fact they were representations submitted in reply to his Department's letter of 30 May 2018; and if he will make a statement on the matter. [27781/18]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been received and acknowledged on behalf of the person concerned. 

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.  

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.

Danny Healy-Rae (Kerry, Independent)
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252. To ask the Tánaiste and Minister for Justice and Equality if he will consider altering his response to an issue (details supplied); and if he will make a statement on the matter. [27791/18]

Charles Flanagan (Laois, Fine Gael)
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I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 23 April 2009. 

The statutory criteria which must be considered in relation to a decision to make a deportation order under Section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3(6) of the Immigration Act 1999, the Minister of the day must also consider all relevant constitutional and international human rights arising including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.

I have met the family involved and am aware of the circumstances of the case. As I have already stated in the Dáil, when the court proceedings conclude I will use my powers as Minister to consider this case fully, including from a humanitarian point of view.