Tuesday, 26 February 2013

Questions (510)

Bernard Durkan

Question:

510. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which a person (details supplied) in County Carlow is being deported when they were employed here for more than five years; and if he will make a statement on the matter. [10099/13]

View answer

Written answers (Question to Justice)

The person concerned had her case examined in accordance with the provisions of 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. Refoulement was not found to be an issue here. In addition, no issue arises under Section 4 of the Criminal Justice (UN Convention against Torture) Act, 2000. Consideration was also given to private and family rights under Article 8 of the European Convention on Human Rights (ECHR).

I am satisfied that the person concerned had her case fairly and comprehensively examined and, therefore, the decision to make a Deportation Order against her is justified. She is therefore illegally present in the State.

A Deportation Order was signed on 17 January 2013. The effect of the Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

However, if new information or circumstances have come to light, which have a direct bearing on her case and which have arisen since the original Deportation Order was made, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.