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Deportation Orders.

Dáil Éireann Debate, Tuesday - 26 February 2008

Tuesday, 26 February 2008

Questions (392)

John Curran

Question:

404 Deputy John Curran asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) who had a deportation order served on them in November 2007. [7490/08]

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Written answers

The person concerned arrived in the State on 6 March 2004 and claimed asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 13 February 2006 that the Minister proposed to make a Deportation Order in respect of her and afforded her three options in accordance with Section 3 (3) (b) (ii) of the Immigration Act, 1999 (as amended): namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State, i.e. why she should not be deported.

Her case was examined under Section 3 (6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consideration was given to all representations submitted on her behalf for permission to remain temporarily in the State. On 17 October 2006 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. A notice of this Order dated 15 November 2006 was served by registered post. Said notice also invited the making of a Subsidiary Protection application pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006, which came into effect on 10 October 2006.

By correspondence dated 6 December 2006, an application for Subsidiary Protection was made together with a request to reconsider the Section 3 (6) application for temporary leave to remain of the person concerned. Following consideration of the information submitted, the deportation order was affirmed and the legal representative of the person concerned was notified of this decision by letter dated 19 December 2006.

In order to consider the Subsidiary Protection application, the Deportation Order signed by my predecessor on 17 October 2006 was revoked. An order of revocation was signed in this regard on 28 June 2007 by one of the senior officials in my Department. Following consideration of the Subsidiary Protection application lodged, it was found that the person concerned was not eligible under the Regulations. Subsequent to this decision, consideration was again given to the person concerned under Section 3 (6) of the Immigration Act, 1999, as amended, for permission to remain temporarily in the State. On 31 October 2007, I refused permission to remain and instead signed a Deportation Order in respect of her. Notice of this Order was served by registered post requiring her to present herself to the Garda National Immigration Bureau (GNIB), on Tuesday 13 November, 2007, in order to make travel arrangements for her deportation from the State. In response to further representations received on 3rd December, 2007 the person concerned was notified by letter that the decision to make a Deportation Order in respect of her remained unchanged and on 4th December 2007 she was removed from the State to Nigeria under a valid Deportation Order.

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