Seanad debates
Thursday, 3 July 2003
Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages.
Paragraph (d) of subsection (2) provides for a power of detention not exceeding 48 hours for a person who arrives in the State directly from a convention country or safe third country pending a decision on the matters set out at paragraph (a) of subsection (2), those matters being whether the application should be examined in the State or transferred to a convention country or a safe third country. The purpose of this provision is to allow for the temporary detention of an asylum applicant, usually at a port of entry, while the question of transfer to another convention country or to a safe third country is being explored with that country. In other words, if a person arrives on the Zurich flight, we cannot just send that person back to Zurich if the Swiss authorities, if they were part of this agreement, were not sure if the said person actually was on the Zurich flight in the first place. There has to be a period for negotiation and a co-relative period of detention to enable that administrative process to take place. At present, such inquiries can take a number of weeks.
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