Thursday, 20 June 2013

Questions (175)

Bernard Durkan

Question:

175. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has studied the papers associated with the refugee, asylum and residency application in the case of a person (details supplied); if consideration will be given to the revocation of deportation order in this case on the basis of the doubt and subjective nature of original conclusions reached in their case and subsequent decisions by the courts in similar cases and the need to uphold the highest standard of human rights protection; and if he will make a statement on the matter. [29717/13]

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Written answers (Question to Justice)

The Deputy will be aware of the history of this case from previous Parliamentary replies. The person concerned is the subject of a Deportation Order following a thorough and comprehensive examination of his asylum claim and his application to remain temporarily in the State. The case of the person concerned was considered under Section 3(11) of the Immigration Act 1999 (as amended). The outcome of the consideration was that the decision to make a deportation order in respect of him remained unchanged. He has no application for residency. In addition he has been evading his deportation since 3 November, 2009 and should therefore present himself to the Garda Authorities without any further delay.

As a general matter of policy, it would be logistically inconsistent to review a person's case who has failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for years, by granting such persons residency in the State. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains 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.