Tuesday, 19 January 2010
Dáil Eireann Debate
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum in The Netherlands in September 2008. However, on examination of his personal documentation, it became known to the Dutch authorities that he had been granted a Visa to visit Ireland earlier that year, valid from 11 August 2008 to 10 November 2008. In light of this finding, a process was commenced to have the person concerned transferred to Ireland under the provisions of the Dublin II Regulations and he was formally transferred on 18 December 2008 and then formally claimed asylum in this State on 19 December 2008.
Subsequently, in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 19 August, 2009, 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 written representations setting out reasons why a Deportation Order should not be made against him. He was also advised of his entitlement to submit an application for Subsidiary Protection.
The person concerned submitted an application for Subsidiary Protection and also submitted written representations to be considered under Section 3 of the Immigration Act 1999 (as amended). Following consideration of the information submitted, the application for subsidiary protection was refused. The person concerned and his legal representative were notified of this decision by letter dated 5 October 2009.
His case was then considered 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 for permission to remain in the State. On 15th October, 2009, 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 requiring the person concerned to leave the State by 14th November, 2009.
Further representations were submitted on behalf of the person concerned requesting that the Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of the information submitted the Deportation Order was affirmed and the person concerned and his legal representative were notified of this decision by letter dated 5th January, 2010.
Notice of the affirmed 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, 12th January, 2010 in order to make travel arrangements for his removal from the State. The person concerned failed to present as required and was classified as evading his deportation. Should he come to the notice of the Gardaí, he would be liable to arrest and detention. He should, therefore, present himself to the GNIB without any further delay.
I am satisfied that the applications made by the person concerned for asylum, for subsidiary protection, and for temporary leave to remain in the state, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified.
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