Results 61-80 of 7,652 for speaker:Joanna Tuffy

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 3 to amendment No. 15: In paragraph (c), in the first line, to delete "(inserted" and substitute "(as amended". This is to correct a typographical error.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 4 to amendment No. 15: In paragraph (c)(ii), in the proposed new paragraph (e), to delete "the duty of the applicant to" and substitute "the desirability that the applicant should". It would be wrong to insert a legally binding duty on the applicant to co-operate with the asylum process. We accept that there is a duty to co-operate, but it is a moral one, not one that...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 5 to amendment No. 15: In paragraph (c) (iii), in the proposed new subsection (10), to delete "3 working days" and substitute "one month". A person should have a chance to come to a second interview. That right has been taken away. One month would be a reasonable time limit. Three days will cause difficulties for some people. I wish to hear the Minister's comment on our...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 6 to amendment No. 15: In paragraph (c) (iii), in the proposed new subsection (10), after "withdrawn" to insert, ": provided that if such reasonable excuse is subsequently furnished the Commissioner may deem the application to have been revived". Given that the Minister has not accepted the amendment to allow for a one month period of notice, it would be reasonable to...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: It makes the same provision in regard to this section.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 7 to amendment No. 15: In paragraph (c) (iii), to delete the proposed new subsection (11) (a).

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 9 to amendment No. 15: In paragraph (c)(iii), in the proposed new subsection (11), to delete "shall" and substitute "may". The purpose of this amendment is to allow for a certain amount of discretion. The section as it is obliges the Minister to send out notices to lead to applications being withdrawn. That could be an unfair determination. It would be more reasonable to...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 10 to amendment No. 15. In paragraph (c)(iii), in the proposed new subsection (11), to delete "10 working days" and "2 months". The purpose of this amendment is to allow for a reasonable timeframe. I submit that ten working days is a very short time to allow the applicant to respond. We do not know what circumstances could arise leading to the applicant not responding...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: Senator Morrissey has raised the issue of speeding up the process and I do not disagree with this. We must allow for circumstances where people may not be able to comply with the requirements. Most asylum applicants want their case to be speedily dealt with. If we are worried about people who will delay the system we should have a proper green card system in place. Amendment to amendment, by...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 11 to amendment No. 15: In paragraph (c)(iii), in the proposed new subsection (11), to delete "sending" and substitute "receipt".

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 12 to amendment No. 15: In paragraph (c)(iii), in the proposed new subsection (11), after "withdrawn" to insert "unless a reasonable excuse in that behalf is subsequently furnished". This amendment is important if there are to be time limits and the consequences for failure to co-operate are as was outlined. We should allow for a person to give a reason. What happens if...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 13 to amendment No. 15: In paragraph (d)(i), in the proposed new subsection (1A)(b), to delete "refugee, and" and substitute "refugee.". I propose these amendments because I feel there should be a right of appeal in circumstances where the commissioners can deem an application withdrawn for failure to co-operate. It is unreasonable not to allow an appeal in these...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I wish to comment on the Minister's points. This provision, together with the concept of failure to co-operate, will result in cases ending up in the courts. This measure is restricting asylum seekers' rights and is unfair. I will withdraw the amendment, but I will be raising the matter again on Report Stage. Amendment to amendment, by leave, withdrawn. Amendment No. 14 to amendment No. 15...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 15 to amendment No. 15: In paragraph (d)(ii), after "in subsection (3)" to insert "(inserted by the Immigration Act, 1999)". This is a technical amendment in respect of which I would like to hear the Minister's reply.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 16 to amendment No. 15: In paragraph (d)(ii), to delete the proposed new clause (I). This amendment is consequential on the Minister's proposal to curtail the right of appeal. I would like to hear his comments.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (29 Jan 2003)

Joanna Tuffy: I move amendment No. 26 to amendment No. 15: After paragraph (e)(ii), to insert the following new subparagraph: "(iii) the insertion in subsection (3) (as amended by the Immigration Act, 1999) after "under section" of " 12 or". The purpose of this amendment is to provide for a right to an oral hearing of a manifestly unfounded appeal under section 12. We believe the current appeals system is...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (30 Jan 2003)

Joanna Tuffy: I move amendment No. 27 to amendment No. 15: After paragraph (e) (ii), to insert the following new subparagraph: "(iv) the insertion after subsection (3) of the following subsection: '(3A) The Tribunal may extend the time for appeal under this section if reasonable cause is shown by the appellant.'.". It would be reasonable to extend the time of appeal in this manner. I would like to hear the...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (30 Jan 2003)

Joanna Tuffy: I move amendment No. 28 to amendment No. 15: After paragraph (e)(iii), to insert the following subsection: "(iv) the insertion in subsection (14) after 'private' of 'unless the appellant so requests'.". The purpose of this amendment is to allow the applicant to decide whether the media should be present at a hearing.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (30 Jan 2003)

Joanna Tuffy: I move amendment No. 19: In page 6, paragraph (b) between lines 37 and 38, to insert the following: "and by the insertion after subsection (5) of the following subsection: '(6) Notwithstanding anything in this section the Tribunal shall make available to the public copies of its decisions regarding appeals under this Act with any publicly identifying information deleted unless the appellant...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (30 Jan 2003)

Joanna Tuffy: I move amendment No. 20: In page 6, between lines 37 and 38, to insert the following: "(c) in section 22 by the insertion after subsection (1) of the following subsection: '(1A) An order under this section shall provide that an appeal shall lie to the Tribunal against all aspects of a decision to return a person to another state and shall provide that an appellant shall have a right to an...