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Deportation Orders

Dáil Éireann Debate, Thursday - 14 March 2013

Thursday, 14 March 2013

Questions (102)

Bernard Durkan

Question:

102. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will urgently review the case of a person (details supplied) in County Carlow with a view to revoking a deportation order in view of the fact that they were in continuous employment with resultant statutory entitlements for more than five years during which time they met all requirements in terms of payment of taxes notwithstanding the finding arising from previous review; if their alleged illegality of their presence in the State has bee examined in this context; and if he will make a statement on the matter. [13554/13]

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Written answers

I refer the Deputy to my reply below to Parliamentary Question Number 8028/13 of 14th February, 2013. The situation is unchanged since then. I would like to add further that the person concerned did not have permission to work in the State.

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.

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 .

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