Michael McDowell (Dublin South East, Progressive Democrats)

The position is that this happens on occasion but it is entirely informal and, strictly, ultra vires for a tribunal member to express such a recommendation. However, the view of the tribunal member in such a matter is irrelevant since he or she is there to determine one fact only, that is, whether the applicant who is appealing to the tribunal is entitled to be considered a refugee. An entirely separate procedure follows a rejection of an appeal. The individual in question is written to and notified of the rejection and is informed that he or she has the right to make an application to remain in the State on a humanitarian basis.