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Deportation Orders.

Dáil Éireann Debate, Thursday - 3 March 2005

Thursday, 3 March 2005

Ceisteanna (156, 157)

Tony Gregory

Ceist:

156 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport persons (details supplied) in view of the representations made on their behalf. [7313/05]

Amharc ar fhreagra

Freagraí scríofa

Both persons referred to by the Deputy are young Nigerian nationals who arrived separately in the State in April 2001 and September 2002, respectively, as unaccompanied minors and claimed asylum. Both their applications for refugee status were refused following consideration by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal. These decisions were communicated to them by letters informing them of three options open to them: that is, to leave the State voluntarily before their cases were considered for deportation; consent to the making of a deportation order in respect of them; or to make written representations, within 15 working days, setting out the reasons they should not be deported and instead to be allowed to remain temporarily in the State.

The case of each was considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 on the prohibition of refoulement, including consideration of all representations received on their behalf. Deportation orders were subsequently made in respect of each in January 2005 and December 2004, respectively. These orders were recently served on them requiring them to report to the Garda national immigration bureau in order for arrangements to be made for their return to Nigeria. Both presented to the bureau as requested and are due to present again on 10 March 2005 so that arrangements could be made with the Nigerian Embassy for their documentation. The bureau informs me the process of documentation is currently in train and that travel documents are expected to be issued soon.

While both persons were minors when they first entered the State, one of them reached 18 years in March 2003 and is now being treated as an adult. When his travel documents have been obtained from the Nigerian Embassy, the Garda national immigration bureau will be arranging his return. This is expected shortly. The other person will be 18 years in May 2005 and is being treated as a minor who is in the care of the Health Service Executive. His return will require special arrangements to be made with the Nigerian authorities for his reception upon arrival in Nigeria. As this is likely to take some time to arrange, there are no immediate plans at this stage to repatriate him to Nigeria.

Aengus Ó Snodaigh

Ceist:

157 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he plans any deportations to conflict zones, including the DRC, Angola or Sierra Leone in the near future; the dates on which they will take place; if there have been any deportations to these countries since he became Minister; and if so, the number in each case. [7332/05]

Amharc ar fhreagra

Section 5 of the Refugee Act 1996 regarding prohibition of refoulement, requires that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

Every deportation case is fully considered with regard to this specific requirement as well as the eleven other factors required under section 3(6) of the Immigration Act 1999, as amended. My Department uses extensive country of origin information drawn from different independent sources, including UNHCR, in helping to make this evaluation. The situation is constantly being monitored in regard to any changes in the countries concerned, in particular in respect of the non- refoulement requirement.

Persons served with deportation orders are informed of the reasons for their deportations and are requested to report to the Garda national immigration bureau in order for arrangements to be made for their removal. The place, date and time of removal is a matter for the bureau. These details are only communicated to the person concerned, and their legal representatives, in order to preserve their dignity and anonymity, as well as for security reasons. I cannot, therefore, comment on any removals that may be planned in the near future to the regions and countries mentioned by the Deputy.

In regard to previous deportations made to these countries, I set out the details in the following table:

Deported Countries

June 2002 to date

Democratic Republic of Congo

Nil

Angola

4

Sierra Leone

1

Barr
Roinn