Dermot Ahern (Louth, Fianna Fail)
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The person concerned arrived in the State on 9 December 2003 and applied for asylum. 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 17 January 2005, 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.

His 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. On 11 March 2005, one of my predecessors refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of him. However, late representations seeking temporary leave to remain in the State were lodged on 14 March 2005 by the legal representative of the person concerned. Following consideration of the information submitted, the Deportation Order was affirmed and the legal representative of the person concerned was notified of this decision by letter dated 9 May 2005.

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 Thursday 19 May 2005 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 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. 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 remains an operational matter for the GNIB.