Seanad debates

Thursday, 30 January 2003

Immigration Bill, 2002: Committee Stage (Resumed).

 

10:30 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

I move amendment No. 25:

In page 7, before section 6, to insert the following new section:

6.–The Illegal Immigrants (Trafficking) Act, 2000 is amended:

(a) in section 5(2)(a) by the deletion of '14' and the substitution of '35',

(b) in section 5(3)(a) by the insertion after the third and fourth references to 'the High Court' of 'or the Supreme Court'.".

The amendment proposes to substitute the period of 14 days within which applications must be made for a judicial review, which is too short, with a period of 35 days. The purpose of the second part of the amendment is to restore the right of leave to appeal refusal by the High Court. The reason we introduce this proposal is that a similar amendment tabled in 2000 was withdrawn by my colleague, Deputy Howlin, in the Dáil because an assurance was given that it was implicit that an applicant would have a right of leave to appeal a High Court decision. That has not been the case and we want to address that gap. I would like the Minister to comment on these amendments.

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