Dáil Éireann debate -
Tuesday, 1 Apr 2003

Vol. 564 No. 1

Written Answers - Deportation Orders.

Seán Haughey

Question:

275 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if he is committed to deporting people who have been refused refugee status; the progress he is making in this regard; and if he will make a statement on the matter. [8888/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Section 3(1) of the Immigration Act 1999, as amended, provides that, subject to the provisions of the section 5 concerning prohibition of refoulement of the Refugee Act 1996, the Minister for Justice, Equality and Law Reform may by order require any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State. Section (2)(f) of the Act specifies that one of the categories of persons in respect of whom such an order may be made is a person whose application for asylum has been refused.

Where the Minister proposes to make a deportation order, section 3(3)(a) of the 1999 Act requires the person concerned to be notified in writing of the Minister's proposal and be given the options of making representations within 15 working days setting out the reasons why they should be allowed to remain temporarily in the State; leaving the State before the order is made; or consenting to the making of the deportation order.

If the person does not leave the State voluntarily, and irrespective of whether or not representations are made, section 3(6) of the 1999 Act requires the Minister to have regard to a range of 11 different factors, including humanitarian considerations, in determining whether or not a deportation order should be made in respect of persons who have been notified under section 3(3)(a) of the Act.

A deportation order is therefore made only after a detailed consideration of each individual case. Nonetheless, it is essential that the integrity of our asylum and immigration processes is maintained and that those persons who have no basis for remaining in the State are deported in accordance with the statutory requirements.

The following is the breakdown of deportations in the years 1999 to date. Although the vast majority of these removals were in respect of persons refused refugee status in the State, some of the removals were in respect of other categories of persons – illegal immigrants, for example :–

Deportations effected

Year	Number
1999	6
2000	187
2001	365
2002	521
2003	134 (up to 21 March 2003)