In deciding whether to grant humanitarian leave to remain or make a deportation order, each case is considered on its particular merits in accordance with the criteria specified in section 3 of the Immigration Act, 1999. Those criteria include, for example, humanitarian con siderations and representations made by or on behalf of the person. The issue of refoulement as set out in section 5 of the Refugee Act, 1996, is also given full consideration in each case. This means 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.
I am not aware of any non-national who has been deported from the State over the past 12 months having suffered persecution.