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Asylum Applications.

Dáil Éireann Debate, Thursday - 7 October 2004

Thursday, 7 October 2004

Questions (228)

Paul McGrath

Question:

228 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform if he will report on the circumstances by which an Irish citizen has been put into care due to the unexpected arrest and imprisonment of their mother; if this mother was charged before the courts prior to imprisonment; and if he will make a statement on the matter. [23904/04]

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Written answers

There is some uncertainty as to the person referred to by the Deputy. From the limited details the Deputy supplied to my Department on being contacted, it is presumed that he is referring to the person referred to below.

This person entered the State on 4 October 2002 and applied for refugee status. Her son was born in the State on 6 November 2002. An interview by the Office of the Refugee Applications Commissioner was scheduled to take place on 19 December 2002. The notification of the interview crossed over with an application by the person to withdraw from the asylum process and a request for permanent residency in the State on the basis of the birth of her Irish-born child.

Following the decision on 23 January 2003 of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases, which were outstanding on that date.

In accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed on 26 February 2004 that it was proposed to make a deportation order in respect of her 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.

Since the person in question did not have an alternative legal basis for remaining in the State, the issue of permission to remain was considered only in the context of the Ministerial proposal to deport her. After consideration of the range of factors set out in section 3(6) of the Immigration Act 1999, as amended, I decided to make a deportation order in respect of her. The deportation order was signed on 24 June 2004 and was served on her by registered post on 20 August 2004.

Section 5 of the Immigration Act 1999, as amended, provides for the arrest and detention of a people who fail to comply with any provision of a deportation order such as making themselves available to and co-operating with the gardaí for the purposes of ensuring their removal from the State. The person concerned evaded deportation and was recently arrested by Garda and lodged in the Dóchas Centre, Mountjoy, while arrangements were being made for her removal to Nigeria. She subsequently reclaimed asylum on 1 October 2004 and because of this was released from detention on the same day. I understand that social workers from the health board were due to reunite her with her child on her release.

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