Olivia Mitchell
Ceist:476 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he will reconsider the issuing of deportation papers for a person (details supplied) in Dublin 16. [20722/05]
Amharc ar fhreagraTuesday, 21 June 2005
Ceisteanna (455)
Freagraí scríofa
The person concerned arrived in the State as an unaccompanied minor in September 2002 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and on appeal by the Office of the Refugee Appeals Tribunal. My decision to refuse him a declaration of refugee status was communicated to him by registered letter dated 30 April 2004. This letter advised him of the three options open to him at that point: to leave the State voluntarily before his case was considered for deportation; to consent to the making of a deportation order in respect of him; or, to make written representations, within 15 working days, setting out the reasons why he should not be deported, that is, why he should be allowed to remain temporarily in the State.
His case was considered under section 3 of the Immigration Act 1999 and section 5 of the Refugee Act 1996 — prohibition of refoulement— having due regard for all representations received on his behalf. A deportation order was made in respect of the person concerned on 13 December 2004. This order was served on the person concerned by registered letter dated 7 February 2005. This letter made the person concerned aware of the requirement that he present himself at the offices of the Garda national immigration bureau on a specified date in order that arrangements could be made for his removal from the State. He presented at the Garda national immigration bureau as required.
Although the person concerned was a minor when he first entered the State, he turned 18 years of age in May of this year and is now being treated as an adult. However, my Department gave an undertaking, on 4 April 2005, to the Health Service Executive, in whose care the person concerned then was, that he would not be removed from the State until after he had completed his leaving certificate examinations in June 2005. However, the deportation order remains in place and its enforcement is an operational matter for the Garda national immigration bureau.