John Cregan
Ceist:353 Mr. Cregan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application to revoke a deport ation order in respect of a person (details supplied) in County Kilkenny. [24199/03]
Written Answers. - Deportation Orders.
The person concerned, a Romanian national, entered the State on 25 July 2001 and claimed asylum under a particular name, purporting to be a Moldovan national. His application was examined by the Refugee Applications Commissioner who found that he had originally sought asylum in France and recommended that, in accordance with the terms of the Dublin Convention, he be transferred there to have his asylum application considered by the French authorities. The person had previously made asylum applications in France under two other names and had also made a subsequent asylum application in the United Kingdom under yet another name.
The person appealed to the Refugee Appeals Tribunal in relation to the determination of the Refugee Applications Commissioner that he should be transferred to France under the Dublin Convention. This appeal failed and a deportation order was signed in respect of him on 24 April 2002. The person evaded the deportation order but was eventually arrested and removed from the State on 14 March 2003 to France under the terms of the Dublin Convention. This person subsequently applied to the Irish Embassy in Bucharest for a visa to come to Ireland. In making this application, he did not declare his previous aliases nor that he was the subject of a deportation order which, in law, requires him to leave the State and remain thereafter outside it. The person was granted a visa by the embassy on which basis he returned to Ireland in June 2003. On foot of the deportation order issued in April 2002, he was arrested on 7 August 2003 and deported for the second time on 11 August 2003.
This person has now made an application to have his deportation order revoked and to return to Ireland on the basis that he is married to an EU national – a United Kingdom national he married in Romania in May 2003 – who is working in Ireland and that he is entitled to exercise his EU treaty rights in coming here. My Department has written to the person's solicitors concerning information required and the procedures to be followed in such applications. When the relevant procedures have been followed, I will make a decision on the application having regard to the facts of the case, the national and international case law and to the need to maintain the integrity of the asylum and immigration system.