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Deportation Orders.

Dáil Éireann Debate, Tuesday - 5 October 2004

Tuesday, 5 October 2004

Questions (308, 309)

Bernard J. Durkan

Question:

427 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason it is intended to deport persons, details supplied, in County Kildare; and if he will make a statement on the matter. [23525/04]

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Paul Connaughton

Question:

437 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform if the deportation to Nigeria of persons, details supplied, in County Kildare will be prevented; if his attention has been drawn to the fact that these persons have no home in Nigeria; if his attention has been further drawn to the fact that the mother is a trained nurse and is attending an adult education course at UCD and that all her children are at various levels in education; if his attention has been further drawn to the fact that these persons do not want to return to Nigeria; and if he will make a statement on the matter. [23565/04]

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Written answers

I propose to take Questions Nos. 427 and 437 together.

The woman referred to by the Deputies entered the State on 20 September 1999 and applied for refugee status. Two of her minor children, sons, subsequently entered the State on 31 October 2000 and 30 January 2001 respectively. These minors were considered as part of their mother's application. Following an interview on 1 February 2001 by the Office of the Refugee Applications Commissioner, she was refused refugee status in the State. She was notified of this refusal on 25 April 2001 and subsequently appealed this determination to the Refugee Appeals Tribunal. Following an oral hearing on 3 October 2001, her appeal was rejected and the original determination affirmed. She was informed of the Refugee Appeals Tribunal decision on 26 October 2001.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 29 November 2001 that it was proposed to make a deportation order in respect of her and her children and she was given the following options: to make written representations within 15 working days to the Minister for Justice, Equality and Law Reform setting out reasons as to why she should not be deported; to voluntarily leave the State; or to consent to deportation. An application for leave to remain in the State was received from her legal representatives on 19 December 2001.

Following consideration of the case under section 3(6) of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), deportation orders were signed on 26 August 2004 in respect of the woman concerned and her two children. Section 3(6) of the Immigration Act 1999, as amended, requires the Minister to consider 11 factors, including representations received by or on behalf of the person, family and domestic circumstances, employment prospects, and so on, in deciding whether to make a deportation order. Section 5 of the Refugee Act 1996 (Prohibition of Refoulement) requires the Minister to satisfy himself as to the safety of returning a person before making a deportation order. I am satisfied that all the above requirements were met in arriving at the decision to make deportation orders in respect of this family.

The enforcement of the deportation orders is a matter for the Garda National Immigration Bureau.

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