Concerns raised over refugee appeals

Concerns were expressed in the Dáil that the often criticised Refugee Appeals Tribunal would be replaced with a similar mechanism.

Labour's foreign affairs spokesman Michael D Higgins highlighted the situation where the appeals officer, who dealt with up to 1,000 cases "was so inspired by rectitude, good law and administrative excellence that he did not give a favourable decision in a single case".

Speaking during the second stage debate of the Immigration, Residence and Protection Bill he said that "its implications for those in the judicial process, was not conceded and was hidden. It was only when it was extracted through the courts that the facts of that outrageous behaviour was discovered". Mr Higgins said he had no faith in such a system.

Martin Mansergh (FF, Tipperary South) said there had been much criticism of the tribunal, and implicit in it, "is that, as in a lottery, out of fairness a certain number should be allowed to win their cases".

He regretted if the criticism was justified but said: "I have read of few documented examples of persons whose appeals were dismissed on grounds that were demonstrably wrong and unjust." He stressed that "the new protection review tribunal takes account of difficulties, whether real or presumed, that have arisen and addresses them so that the reform system presumably will work in a way that is more to general satisfaction".

Government backbencher Ciarán Cuffe (Green, Dún Laoghaire) said the Minister for Justice had referred to a "visibly independent appeals process. I trust the Minister will incorporate sufficient independence in this procedure and I hope it will be delivered in a timely manner."

He also expressed concern about the issue of summary deportation and said that "while recognising the need to have a comprehensive immigration system in place, flexibility is also needed within such a system to cater for those who have fallen through the cracks. This issue must be examined in detail."

Mr Cuffe also referred to comment about he issue of detention on the point of entry. "I acknowledge that this is not the introduction of detention by stealth but I am concerned about the signal it may send out," he said.

"Somebody seeking asylum in this country . . . can be held in prison, albeit temporarily, before his or her application can be processed. We should be clear that this will only be for a matter of hours. Perhaps we should make some reference to the timing in this section of the Bill because it is open to misinterpretation."

Labour's justice spokesman Pat Rabbitte stressed that the Oireachtas made legislation and the Executive then implemented it.

Supreme Court cases on immigration "make it clear that there are limits to permissible delegation of law-making power by the Oireachtas to the Government; the Oireachtas may not abdicate its power to legislate", he said.