Pat Carey
Question:398 Mr. Carey asked the Minister for Justice, Equality and Law Reform if a person (details supplied) will be allowed to apply to return to live here; and if he will make a statement on the matter. [16541/03]
Written Answers. - Asylum Applications.
The person concerned arrived in the State on 20 August 2000 and claimed asylum. Following examination of his case the person was notified by letter dated 16 November 2000 that his application was being refused and advising him of his right to appeal this decision. No appeal was submitted.
On 8 February 2001, a further letter issued to the person advising him that the Minister proposed to make a deportation order in respect of him and setting out the options open to him at that point, i.e., to leave the State before the decision had been made whether to make a deportation order in respect of him; to consent to the making of a deportation order in respect of him; or to make written representations setting out reasons as to why he should be allowed to remain temporarily in the State. The person did not respond to this or any correspondence which issued to him and he made no attempt to contact the authorities at any stage to inquire about his application.
A deportation order was signed in respect of the person on 7 June 2001. A copy of the order issued to him with covering letter dated 15 June 2001 in which he was required to attend at the Garda National Immigration Bureau on 22 June 2001 to make arrangements for his deportation from the State. The person did not attend as required and was classified as an evader. He was subsequently arrested and deported from the State on 3 May 2002. It should be made clear that, by law, a deportation order requires any non-national specified therein to leave the State within such period as may be specified in the order and to remain thereafter out of the State.
Every consideration was given to this person's case and his removal from the State took place in the interest of upholding the integrity of the asylum and immigration laws.
Section 3(11) of the Immigration Act 1999, as amended, provides that the Minister may amend or revoke such an order. An application, from outside the State, by a deported person for the deportation order to be revoked will be considered on the grounds advanced by the applicant and in the light of all other relevant information available to the Minister at the time. It should be pointed out that deportation orders are made following consideration of a number of factors as specified in the Act and the revocation of such an order would require good and compelling reasons. My Department has no record of any application by the person concerned for a revocation of the deportation order made in respect of him.