Seanad debates

Wednesday, 29 January 2003

Immigration Bill, 2002: Committee Stage (Resumed).

 

The last amendment of this group, which refers to section 17 of the 1996 Act, deals with the final outcome of an application that is withdrawn or deemed to be withdrawn. The outcome is that unlike the position where the Minister has discretion under section 17(1)(b) of the Refugee Act to grant a declaration of refugee status where the recommendation is negative in the normal course, under this amendment the Minister must refuse to grant a declaration where the negative recommendation arises out of a withdrawal or deemed withdrawal. An applicant whose application has been disposed of in this way may seek the Minister's permission under section 17(7) of the Act to make a fresh application. However, each such application has to be considered in the light of the applicant's previous history of co-operation with the investigative process. The door is not completely slammed shut. One may make a fresh application, but that application would be considered with some circumspection where there had been a history of failure to co-operate with the first investigative process.

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