Dáil Éireann Debate, Wednesday - 15 April 2015
369. Deputy Paul Murphy asked the Minister for Justice and Equality if she will provide, in tabular form, the number of deportation orders signed under section 3 of the Immigration Act 1999 since its enactment; the number of those enforced; the number of those subsequently revoked under section 3(11); and if she will make a statement on the matter. [14592/15]
Amharc ar fhreagraI wish to inform the Deputy that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.
In determining whether to make a Deportation Order, the Minister must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where 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.
The matter of effecting removals from the State is a very complex area and there are many reasons why Deportation Orders may not be enforced. Among these reasons are Judicial Review proceedings taken in the lead up to and often immediately prior to deportation, or that the persons concerned have children who are still in the asylum/protection process or issues procuring travel documents for certain countries.
I wish to advise the Deputy that comprehensive statistics in relation to deportations and removals from the State for the years in question are in the process of being compiled and will be forwarded to the Deputy shortly.
