Fergus O'Dowd
Question:262 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if he will reconsider the decision to deport persons (details supplied). [7291/04]
View answerWednesday, 3 March 2004
Questions (185)
Written answers
Deportation orders were signed on 5 January 2004 in respect of the persons concerned. The orders were signed following consideration of their cases taking account of the criteria set out in section 3 of the Immigration Act 1999 and having regard to section 5 of the Refugee Act 1996 (Prohibition of Refoulement). Each case was considered in the light of all relevant information available at the time of the decision to deport. The safety of returning —refoulement —was not found to be an issue in these cases.
It now transpires that the birth of a child in the State to one of the applicants, which would have been a factor in considering whether or not to deport, had not been made known by the applicant to my Department at the time the deportation order was made. In fact, this information was not provided until four months after the birth by which time the deportation orders had been made and served. The applicants will now be asked to make further representations as to why they should not be deported. In the light of any new information received, I will reconsider the cases taking account, inter alia, of the Supreme Court decision of 23 January 2003 in the L. v. O case. In the meantime, the Garda National Immigration Bureau has been requested not to enforce the deportation orders in respect of the persons concerned.