Dáil Éireann Debate, Thursday - 11 December 2008
169 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the deportation order in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [45885/08]
Amharc ar fhreagraThe person concerned arrived in the State on 2 February 2007 and applied for asylum on 7 February 2007. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 4 March 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
I should also mention that a person who has been refused refugee status and has been served with a notice of intention to deport is, since 10 October 2006, afforded a fourth option, viz. to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. By correspondence dated 22 April 2008, an application for Subsidiary Protection was made on behalf of the person concerned by his legal representative. Following consideration of the information submitted, the application was refused. The person concerned and his legal representative were notified of this decision by letter dated 2 September 2008.
His case was then examined under 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. Consideration was given to representations submitted on his behalf by his legal representative for permission to remain in the State. On 30 October 2008, I refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. Notice of this order was served by registered post requiring the person concerned to present himself at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 25 November 2008 in order to make travel arrangements for his removal from the State. The person concerned presented as required and is due to present again on Thursday 18 December 2008.
I am satisfied that the applications made by the person concerned for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. 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 is, and remains, an operational matter for the GNIB.
