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Human Rights Issues.

Dáil Éireann Debate, Wednesday - 8 December 2004

Wednesday, 8 December 2004

Questions (69)

John Gormley

Question:

68 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if his Department has put procedures in place to determine the prospect of or to deal with the reality of human rights abuse of Irish citizen children of deported non-nationals who are taken out of the country; and if he will make a statement on the matter. [32583/04]

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Written answers

I refer the Deputy to my replies to Questions Nos. 250, 155 and 235 of 13 December 2001, 29 January 2004 and 3 November 2004, respectively.

The Minister for Justice, Equality and Law Reform is obliged to consider the issue of risk to a person before, not after, a deportation order issues in respect of that person. There are legislative and procedural safeguards to ensure that persons are not returned to countries where they would be at risk. The issue of refoulement as set out in section 5 of the Refugee Act 1996 is given full consideration in every case before a deportation order is made.

My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in evaluating the safety of making returns to third countries. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

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