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Minister for Justice,
Michael McDowell:
Thirteen adults, 11 males
and two females, were deported to Beijing in China by charter flight on
21-22 February 2006 at a total cost of €255,539. This was the first such
charter flight to China and, because of the long distance between Dublin
and Beijing, it required two fuel stopovers in Leipzig, Germany and
Tashkent, Uzbekistan. The flight had a medical team of a doctor and
nurse. The flight was chartered through a UK company, Air Partner PLC,
which is contracted to the Department following an EU-wide tender
competition in 2005 The above cost does not include Garda expenses
associated with this removal operation. I am advised by the Garda
Commissioner that, given the wide range of immigration duties performed
by the Garda Síochána and the Garda National Immigration Bureau in
particular, it is not possible to identify the particular pay and
overtime costs incurred by the Garda on charter flights. However, the
Commissioner informs me that charter flights involve a lower ratio of
Garda escorts to deportees than is the case using conventional scheduled
flights, resulting in savings to the Garda budget.
Of the 13 returnees, four had criminal convictions of various types.
This charter was arranged principally to facilitate the removal of a
number of persons who had frustrated previous attempts to remove them on
commercial flights through violent and disruptive behaviour.
And
The deportation operation referred to by the Deputy involved the return
of 13 Chinese nationals to their country of origin by charter flight on
21-22 February 2006. This charter flight arrangement was made
principally because some of the persons being returned had, by their
disruptive behaviour, frustrated previous attempts to have them removed
from the State.
In regard to the escort levels provided for this charter, I am aware
that the details provided in the question arise from a newspaper article
published on the day of the charter. I should further state that, as has
been the practice in regard to previous Dáil questions on charters, I do
not intend to comment on, or confirm, the level of Garda escorts
provided for this operation. The Garda National Immigration Bureau is
responsible for effecting removals from the State, including the
escorting of deportees while on flights. The Garda Commissioner has
advised me that all persons being deported are individually risk
assessed by the Garda. This prior assessment determines the level of
escort, if any, required.
An advance party from the Garda National Immigration Bureau travelled to
Beijing in advance to make the necessary arrangements with the Chinese
authorities. This advance party stayed on for a couple of days after the
returnees had arrived in Beijing to ensure that they were assisted in
their transit through Beijing Airport. In this connection, modest
financial assistance was provided to each returnee on arrival in Beijing
to assist them with their onward transport to their individual places of
origin within China.
I should emphasise that the primary function of Garda escorts, whether
on charter or commercial aircraft, is not to prevent cruel or unfair
treatment being meted out to returnees upon their arrival in their
country of origin. That function is inherent in the determination
processes leading to the issue of a deportation order. Before a
deportation decision is made in any individual case, the Minister for
Justice, Equality and Law Reform must have regard to the 11 factors
contained in section 3(6) of the Immigration Act 1999, as amended, and
the provisions of section 5 of the Refugee Act 1996, as amended, on the
prohibition of refoulement.
This means that the safety of returning a person to their country of
origin, or refoulement, as it is commonly referred to, is fully
considered in every case when deciding whether to make a deportation
order. This means in practice that a person shall not be expelled from
the State or returned in any manner whatsoever to a state where, in my
opinion, 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 legislation requires
that this consideration is given before the deportation decision is
made. In arriving at such decisions, my Department uses extensive
country of origin information drawn from different independent sources,
including the UNHCR, in evaluating the safety of making returns to third
countries.
I am satisfied that all national and international protection
obligations were observed in the context of this recent deportation
operation to China.
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