Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I move amendment No. 5:

In page 4, between lines 5 and 6, to insert the following:"Amendment of Act of 2015

3. The Act of 2015 is amended by the insertion of the following new section after section 57:

"57A. (1) Where an application under section 56(1) made by a sponsor for permission to be given to a member of the family of the sponsor to enter and reside in the State has been refused, or where a permission to enter and reside in the State granted to a member of the family of the sponsor has been revoked pursuant to section 56(7), the sponsor may seek a review of that decision.

(2) Where an application under section 57(1) made by a sponsor for permission to be given to a member of the family of a sponsor to reside in the State has been refused or where a permission to reside in the State granted to a member of the family of a sponsor has been revoked pursuant to section 57(6), the sponsor may seek a review of that decision.

(3) An application for a review pursuant to subsection (1) and (2) shall be submitted to the Minister within 15 working days of the receipt of the decision and shall set out in writing the grounds for review.

(4) The Minister may, where he or she is satisfied that it is warranted in the particular circumstances, extend the period referred to in subsection (3) within which a review must be submitted.

(5) A review under this section shall be carried out by an officer of the Minister and shall be of a grade senior to the grade of the person who made the decision.

(6) The officer carrying out the review may—

(a) confirm the decision the subject of the review on the same or other grounds having regard to the information contained in the application for the review, or

(b) set aside the decision and substitute his or her determination for the decision.".".

I am glad this amendment has not been ruled out of order. I am disappointed that so many other amendments have been. This amendment relates to the right of appeal. There was a problem with the 2015 Act. The judicial review process is open to people, but it is very costly.It also clogs up our judicial process which is chronically under-funded and under-resourced. Therefore, I would appreciate support for the amendment.