Written answers

Thursday, 8 June 2006

Department of Justice, Equality and Law Reform

Asylum Applications

5:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 209: To ask the Minister for Justice, Equality and Law Reform the implications for such decisions as he has made, or is likely to make, in relation to Afghan refugee asylum applicants in view of the fact that Afghanistan is not a party to the United Nations Conventions relating to the status of the refugees 1951 or the 1967 protocol. [22269/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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In relation to the treatment of returnees by the authorities in their countries of origin, it should be borne in mind that before a deportation decision is made in any individual case, the Minister for Justice, Equality and Law Reform must have regard to the eleven 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 or not 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, the Department of Justice, Equality and Law Reform 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 will be observed in the context of any deportations to Afghanistan which are made in the future.

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