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Deportation Orders.

Dáil Éireann Debate, Thursday - 27 May 2004

Thursday, 27 May 2004

Questions (187)

Ciarán Cuffe

Question:

187 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will consider revoking the deportation order against a person (details supplied) on the grounds that they are married to an Irish citizen living here. [16001/04]

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Written answers

The person concerned was deported from the State on 14 March 2003 having evaded a deportation order made on 25 April 2002. According to her own admission she entered the State in December 1999 using a false name and documents and worked illegally under this false identity. In January 2000 she claimed asylum using her real name but failed to pursue the application and became uncontactable. The asylum application was subsequently refused and she was afforded the opportunity to leave the State voluntarily before I considered making a deportation order against her. This would have allowed her to apply for a visa to re-enter the State again legally. When she failed to respond to the correspondence, I went on to consider her case for deportation under section 3(6) of the Immigration Act, 1999 and under section 5 of the Refugee Act 1999, prohibition of refoulement, and decided to make a deportation order.

I understand that the person referred to married an Irish citizen in November 2002, after the making of the deportation order, and soon afterwards submitted a residency application. In the course of processing the residency application, my Department became aware of the abuse of the system perpetrated by her and refused the application on the grounds that she did not reside with her husband as a family unit for any appreciable time. I have considered an application from her solicitors to revoke the deportation order but, in view of the circumstances of the case, I have decided to refuse her application for revocation. The effect of the deportation order is that she must remain outside the State unless and until the order is revoked.

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