Dáil Éireann debate -
Thursday, 21 Nov 1996

Vol. 471 No. 8

Written Answers. - Deportation of Algerian National.

Michael McDowell

Question:

37 Mr. M. McDowell asked the Minister for Justice the circumstances surrounding the deportation of an Algerian by immigration officers notwithstanding a court order preventing such deportation; and if she will make a statement on the matter. [21458/96]

Minister for Justice (Mrs. Owen)

Aspects of the subject matter of the question are still before the courts and the Deputy will appreciate that I am constrained by what I say in answer to her. I can, however, confirm that the Algerian national who was lawfully refused leave to land in the State on 27 October last has since been granted a visa to travel to the State.

On his arrival at Dublin Airport on a private aircraft which had departed from France, the person in question was brought by the company which handles private aviation facilities to the Garda Immigration Office at the airport. He produced an Algerian passport and was questioned by the immigration officers after they had established that he was not in possession of a visa to enable him to travel to the State. His passport did not contain visas for any countries notwithstanding the fact that he would also have been required to have a visa to enable him to enter France. He also admitted working in this country without a valid work permit.

In accordance with law, he was refused leave to land in the State and was placed in detention pending the making of arrangements for his removal to Algeria. On 29 October he was removed from the State at 10.30 a.m. approximately on an Aer Lingus flight to London to connect with a 1.30 flight from there to Algeria. He was accompanied by two Garda Immigration Officers on the Dublin-London leg of his return journey to Algeria.

At approximately 11.20 p.m. on the same day, my Department was notified by telephone that the High Court some few minutes beforehand, had ordered that the person in question should not be removed from the jurisdiction pending further order by the court. Prior to that notification, my Department had no knowledge whatsoever about the circumstances of the case. No prior notice had been given to my Department that court proceedings were impending — had such notice been given prior to the Departure of the flight to London, my Department in accordance with settled policy in immigration cases would have arranged to suspend his removal from the State pending the outcome of court case. I am advised that the person's legal representative telephoned Garda Immigration at Dublin Airport at about 10.40 and indicated that he was seeking a court order to prevent his client being removed from the jurisdiction. He was advised that the aircraft with his client on board had departed about ten minutes beforehand.

Other aspects of the case which gave rise to the person's removal ultimately to Algeria are, as I have indicated, still before the courts. In the circumstances, I am not at liberty to comment on them until such time as they have been fully disposed of by the courts. If at that time, the Deputy wishes to put down a further question, I will be glad to answer it.