Joanna Tuffy (Labour)

I move amendment No. 13:

In page 6, between lines 21 and 22, to insert the following:

"(a) in section by the addition of the following subsection:

'(4) The Commissioner and the Tribunal shall, if they or either of them reject an application for refugee status, and if so requested by the applicant, make a recommendation to the Minister on whether or not protection should be afforded to the applicant by way of humanitarian leave to remain in the State'.".

My colleagues and I would like a provision inserted in the section that would give the Refugee Applications Commissioner and the appeals tribunal discretion as to whether to recommend leave to remain in the State. The current position is that if a person has strong humanitarian grounds that fall short of refugee status, these bodies cannot make recommendations and he or she is at the mercy of the Department of Justice, Equality and Law Reform. The amendment would provide for more fairness. There may be grounds that the Refugee Applications Commissioner and the appeals tribunal wish to recommend to the Department to allow people to stay.