Dáil Éireann Debate, Wednesday - 26 January 2005
726 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare will be given leave to remain here for an extended period; and if he will make a statement on the matter. [1191/05]
View answer781 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant an extension of residency to a person (details attached) in County Kildare; if his attention has been drawn to the possible dangers to which this person is likely to be exposed if returned to her homeland; and if he will make a statement on the matter. [1673/05]
View answerI propose to take Questions Nos. 762 and 781 together.
The position is that the person concerned arrived in the State on 23 October, 2002 and claimed asylum. Her application was refused and she was notified of this recommendation by letter of 10 July 2003. Her subsequent appeal was refused and she was notified of this recommendation by letter of 30 September 2003. She was notified of my decision to refuse her refugee status by letter of 14 January 2004 in which she was informed of the three options open to her at that point, i.e., to leave the State before the Minister for Justice, Equality and Law Reform made a deportation in respect of her; to consent to the making of a deportation order in respect of her; or 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, i.e. why she should be allowed to remain temporarily in the State.
Her case was examined under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 (Prohibition of Refoulement), including consideration of all representations received on her behalf. On 3 August 2004 a deportation order was made in respect of this person. The order was served on her by registered post and she presented herself as requested to the Garda national immigration bureau on Thursday, 13 January 2005. She is due to present herself again on Thursday, 3 February 2005 when it is envisaged that arrangements can be made to remove her from the State.
My Deparment uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to third countries. I am satisfied that in the current case the requirements of section 5 of the Refugee Act 1996 (Prohibition of Refoulement) have been complied with and that no refoulement matters arise. The enforcement of the deportation order is a matter for the Garda national immigration bureau.
