Finian McGrath (Dublin North Central, Independent)
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Question 385: To ask the Minister for Justice, Equality and Law Reform if the 120 Afghans will not be deported from here (details supplied). [38820/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I would refer the Deputy to the statement on this issue in the Dáil Adjournment Debate on Thursday, 8 December 2005 made on my behalf by Deputy Browne, Minister of State at the Department of Agriculture and Food. To summarise that response, in deciding to make a deportation order regard must be had to a range of factors as set out in section 3 of the Immigration Act 1999, as amended and — more specifically in this context — to section 5 — prohibition of refoulement— of the Refugee Act 1996 (Prohibition of Refoulement). It is a principle of our law that each case is looked at individually on its merits. That principle will apply not just to any Afghanis but to all nationalities in this State.