Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason a person (details supplied) a Somalian national was deported to Tanzania; and if she will make a statement on the matter. [3416/15]
291. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she has sought an explanation from the Tanzanian Government following the death of a person (details supplied); and if she has contacted the family of the deceased to apologise on behalf of the State; the steps she has taken to ensure a similar incident will not take place again; and if she will make a statement on the matter. [3417/15]
Minister for Justice and Equality (Deputy Frances Fitzgerald): I propose to take Questions Nos. 290 and 291 together.
In enforcing the law in respect of deportations, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted 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.
Deportations take place within the provisions of the Immigration Act, 1999, as amended, and after each case has been fully considered with regard to the eleven considerations contained in Section 3 (6) of that Act and Section 5 Prohibition of refoulement) of the Refugee Act, 1996.
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. My Department uses extensive country of origin information drawn from different independent sources in evaluating the safety of making returns to third countries, including Tanzania.
Each asylum application is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in the Country and the latest reports of the United Nations High Commission for Refugees.
The enforcement of a Deportation Order is an operational matter for the Garda National Immigration Bureau. In general, removals are either carried out using commercial flights which usually involves transit through other European airports as Ireland does not have direct flights to most of the countries of return.
It would be inappropriate of me to comment on individual cases. However, I can say that, as outlined above, the facts of each case are considered including all information available regarding the country of origin of the applicant, before a final decision regarding deportation is made. In the case in question the allegations that have been made continue to be treated with the utmost seriousness. In that respect my officials are making every reasonable effort to establish the true facts of the alleged incident. This includes contact with relevant organisations as well as utilising the services of the Irish embassy in the city in question.