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Deportation Orders.

Dáil Éireann Debate, Tuesday - 1 February 2005

Tuesday, 1 February 2005

Questions (294)

John McGuinness

Question:

296 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will put a stay on a deportation order in the name of a person (details supplied) in County Kilkenny to give an opportunity to their legal representatives to contest the order based on details which were not considered in the process; and if he will make a statement on the matter. [2837/05]

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Written answers

I refer the Deputy to the reply to Question No. 412 on Tuesday, 30 November 2004.

Since that reply the Garda national immigration bureau served a letter dated 16 November 2004 on the person concerned requiring him to present himself again to the bureau on 30 November 2004. He again failed to present himself on that occasion. He subsequently attended at Kilkenny Garda station on 8 December 2004 with a letter from his legal representatives indicating an intention to seek counsel's opinion on the possibility of challenging the deportation order by way of judicial review. He was requested to present himself to the GNIB again on 13 January 2005. He failed to present on that date. Pursuant to section 5 of the Immigration Act 1999, he is subject to arrest and detention without warrant.

Pursuant to section 5(2) of the Illegal Immigrants (Trafficking) Act 2000, the person concerned had 14 days to challenge the making of the deportation order by way of application to the High Court to institute proceedings for judicial review. This time period has long elapsed. The person concerned has had ample opportunity to challenge the deportation order since it was first served on him on 15 September 2004 and I see no reason for putting a stay on the execution of the order at this stage. The enforcement of the deportation order is a matter for the GNIB.

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