Seanad debates

Thursday, 3 July 2003

Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages.

 

An important feature of the present section 22, which is not being reproduced in the new provision, is the present subsection (5). That subsection requires the prior agreement by a convention country to accept back an asylum application before the State may transfer it. The Dublin Convention contains provisions which fix a convention country with responsibility for dealing with an asylum claim if it fails to respond to a request for information or a request to take back the application within certain time periods. This provision prevents Ireland from availing of those provisions in the event of default by another convention country, in other words, if we get no response, we can put somebody back on the plane, which means people do not have the option of making the convention non-operative by the simple expedient of failing to respond to requests made under its auspices. For applications coming in the other direction, the State itself is nonetheless fixed with responsibility in any case where it is in default. This unique anomaly among Dublin Convention signatories serves no useful purpose and I do not propose to perpetuate it in the new legislation.

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