Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

This substantial amendment to section 48 sets out the procedure to be applied in the context of the Minister’s consideration of whether an applicant should be given permission to remain in the State in the event that his or her protection application is refused. The amendment sets out the matters the Minister shall have regard to in deciding whether to give a person a permission under this section. This includes any information submitted by an applicant prior to the preparation of the report under section 38 and any relevant information presented by the applicant during the applicant’s preliminary and personal interview. The Minister shall also have regard to the applicant’s family and personal circumstances and his or her right to respect for his or her private and family life. The amendment places a duty on the applicant to notify the Minister immediately of any change in circumstances which may be relevant to the Minister’s decision.

This amendment goes further than those amendments tabled by Senators O’Donovan, Cullinane, Ó Clochartaigh and Reilly in that it provides for the Minister to review a decision made under this section where the tribunal affirms a negative recommendation and the applicant submits new relevant information. I have taken on board the points that were made during the debate on this section. The amendment also provides that the Minister shall prescribe the period following a decision of the tribunal for the purposes of the applicant submitting such new information in respect of the review. This allows the Minister to take account of new information that may emerge and be brought to the Minister's attention. It is important that there is flexibility in the system in the context of the question of granting permission to remain.