Seanad debates

Wednesday, 29 January 2003

Immigration Bill, 2002: Committee Stage (Resumed).

 

The amendments to section 13 of the Act set out what is to happen when an application is withdrawn by the applicant or deemed to be withdrawn. The first of these, the new subsection (1A), spells this out in detail. First, naturally enough, the investigation ends. Next, the report on the investigation, which is prepared in all cases, includes a recommendation that the applicant not be declared a refugee. Finally, no appeal lies from that recommendation. This is a perfectly logical arrangement. If a person withdraws a claim, it makes no sense that they could appeal their own decision. Similarly, if they act, or rather fail to act, in a way that leads to the inevitable conclusion that they withdraw their claim, it does not make sense that they could appeal against their actions or omissions.

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