Tuesday, 19 October 2004

Questions (309)

John McGuinness

Question:

449 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied); if their release from prison will be expedited and their application for naturalisation processed; and if he will make a statement on the matter. [25071/04]

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Written answers (Question to Minister for Justice, Equality and Law Reform)

The person concerned arrived in the State on 22 March 2000 and applied for asylum. His application was refused and he was notified of this by letter of 5 December 2001. His subsequent appeal was refused and he was notified of this by letter of 24 May 2002. He was also notified that the Minister proposed to deport him and was informed of the three options open to him at that time, that is, to leave the State before the Minister decided 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, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out reasons as to why he should not be deported, that is, why he should be permitted to remain temporarily in the State.

The person's case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition ofrefoulement. On 18 July 2002 a deportation order was made in respect of him. He was notified of this by letter of 2 August 2002 in which he was required to present himself to the Garda national immigration bureau on Friday, 9 August 2002, to make arrangements for his deportation. The person did not report as required and was classified as an evader. He was arrested by the Garda on 6 October 2004 under section 5 of the Refugee Act 1996, as amended, for failure to comply with the provisions of a deportation order and detained at Cloverhill Prison. The deportation order was effected by the Garda national immigration bureau on 14 October 2004 and the person concerned was removed from the State and returned to Kosovo.

It is stated in the Deputy's question that this person is married to an Irish national and the couple have a child. My Department is not aware of this, nor can any communication be traced from or on behalf of the person concerned containing such information.