Dáil Éireann - Volume 663 - 14 October, 2008
Written Answers. - Deportation Orders.
Deputy Bernard J. Durkan Deputy Bernard J. Durkan
Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will rescind the decision to deport in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [34505/08]
Deputy Dermot Ahern Deputy Dermot Ahern
Deputy Dermot Ahern: The persons concerned, a husband and wife, arrived in the State on 9 January 2002 and 5 March 2002 respectively. He claimed asylum on 9 January 2002 and she claimed asylum on 6 March 2002. Their applications were refused following consideration of their case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
 The persons concerned were informed by separate letters dated 10 June 2003, that the Minister proposed to make deportation orders in respect of them and afforded them three options under Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended); namely to leave the State voluntarily, to consent to deportation or to submit written representations, within 15 working days, setting out reasons why they should be allowed to remain temporarily in the State i.e. why they should not be deported.
Their case was 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 received on their behalf for permission to remain in the State. On 26 August 2004 and 3 August 2004 respectively, the then Minister refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of them.
Notice of the husband’s order was served by registered post requiring him to present himself at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 13 January 2005 in order to make travel arrangements for his removal from the State. Notice of the wife’s order was served by registered post requiring her to present herself at the GNIB on Thursday 20 January 2005 in order to make travel arrangements for her removal from the State. They both presented as required and were given further presentation dates by GNIB.
On 28 February 2005, legal proceedings were instituted in the High Court on behalf of the persons concerned challenging the decision of the then Minister to deport them. Said application was refused on 29 November 2006. Subsequently, the persons concerned were advised by registered letter dated 9 January 2007 that their legal proceedings had been determined and that the then Minister intended to proceed with their removal from the State. They were required to present themselves at GNIB on Monday 15 January 2007 in order to make travel arrangements for their removal from the State. They presented as required and were given further presentation dates which they kept. The husband is due to present himself again at Anglesea Street Garda Station, County Cork on Monday 20 October 2008 while the wife is due to present herself again at GNIB on the same date.
The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State. I am satisfied that the applications made by the persons concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined. The enforcement of the Deportation Orders remains an operational matter for the Garda National Immigration Bureau.
Dáil Éireann 663 Written Answers. Deportation Orders.