23 Dr. Upton asked the Minister for Justice, Equality and Law Reform the nature of the agreement reached with the Nigerian Government regarding the return to that country of those who are refused asylum here; the steps he is taking to ensure the safety of such people having regard to the reports of serious human rights abuses in Nigeria; and if he will make a statement on the matter. [11015/01]
Written Answers - Re-admission Agreements.
The purpose of the re-admission agreement with Nigeria is, inter alia, to provide an agreed and structured mechanism within which the repatriation of Nigerian nationals can be effected. It obviates the necessity for the making of ad hoc arrangements with the Nigerian authorities on a case by case basis as is the situation at present. However, it is important to bear in mind that, in the context of deportation, for example, the agreement cannot be invoked until the decision to deport has been made in accordance with national legislative procedures and a deportation order has been signed by me.
The Immigration Act, 1999, sets out in statutory form and in an open and transparent way the principles, powers and procedures governing the deportation process. These principles include a requirement that the person be given a 15 day period within which to make representations as to why a deportation order should not be made. Even if representations are not made, I am required to have regard to a range of 11 different factors, including humanitarian considerations, in determining whether or not a deportation order should be made.
Lastly, but most important the making of a deportation order is subject to section 5 of the Refugee Act, 1996, which absolutely forbids the sending of a person "in any manner whatsoever" to a place where the life or freedom of the person would be threatened on account of that person's race, religion, nationality, membership of a particular social group or political opinion. This overarching principle is the bedrock of Ireland's repatriation framework and cannot be circumvented by the provisions of a repatriation agreement to which the State becomes a party.