Seanad debates
Tuesday, 4 February 2003
Immigration Bill 2002: Report Stage (Resumed) and Final Stage.
In nearly every one of these cases, legal aid is granted. Where the legal system can be invoked, effectively free of charge, and the evil day postponed, and where, on experience, nine out of ten applications are found not to be well founded, the sad fact is that those who want to exploit delay within the system would, as a matter of course, ask their lawyers to bring a judicial review for them in the High Court, even though, in the minds of their lawyers, the case was probably doomed. These cases would then go to the Supreme Court without any exposure to costs, because they have no assets, and the jurisdiction of the Supreme Court invoked. If this was to happen, a pattern would emerge that every asylum seeker faced with deportation would decide to get another six months out of High Court and Supreme Court appeals, hoping something might turn up in those six months. In those circumstances I have no doubt the Supreme Court would be flooded with appeals by those who merely wanted to put off the evil day.
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