I move amendment No. 108:
In page 22, subsection (1) (h), line 34, after "particular" to insert "and the furnishing of such information was not, in the particular circumstances of the applicant, reasonable".
This amendment attempts to introduce a subjectivity into the test of a person's actions. We have discussed the matter already.
I move amendment No. 109:
In page 22, subsection (2), line 40, after "persecution" to insert "or of material change of circumstances".
The Refugee Council makes the point that the material change of circumstances may make it difficult to uproot. On a more general note, it seems unfair to withdraw the rights conferred where the refugee has done nothing wrong.
I have not had the opportunity to go into this amendment in detail because it is a new concept. I will undertake to examine it for Report Stage and look for international references.
Amendments Nos. 110 and 111 are related and may be discussed together. Is that agreed? Agreed.
I move amendment No. 110:
In page 23, lines 10 to 15, to delete subsection (4) and substitute the following:
"(4) (a) A notice under subsection (3) (a) shall include a statement that the person concerned may make representations in writing to the Minister within 21 days of the issue by the Minister of the notice.
(b) A notice under subsection (3) (b) (ii) shall include a statement that the person concerned may appeal to the High Court under subsection (5) against the decision of the Minister to revoke a declaration under subsection (1) within 21 days from the date of the notice.".
Section 21 deals with the revocation of declaration. The likelihood of a Minister for Justice revoking a declaration is remote and no case of revocation has arisen to date. Nonetheless, such an eventuality has to be provided for in the legislation. Subsection (3) provides for the procedure which must be put in place if the Minister proposes to revoke a declaration.
Subsection (4) provides for the information which must be given to the person concerned as part of that procedure. The amendment I propose to subsection (4) clarifies that the applicant must be told in a notification of a proposal to revoke a declaration that he or she has 21 days to make representations to the Minister. The amendment also seeks to clarify that, where the Minister makes a decision to revoke a declaration, the notification to the person of the decision must also inform the person concerned of his or her right to appeal to the High Court within 21 days from the date of the Minister's decision.
Amendment No. 111 proposes that a person shall not be required to leave the State for a period of 90 days from the issue of the notice of a proposal by the Minister. This, in effect, would provide for a total possible period of 111 days — 90 days plus an additional period of 21 days to allow for an appeal to the High Court. I consider this excessive as the procedure involves two periods of 21 days — 21 days to make representatives to the Minister following the notice of a proposal to revoke a declaration and, in the event of a negative decision, a further 21 days to make an appeal to the High Court. If an appeal is made to the High Court subsection (6) provides that the person cannot be required to leave until the appeal is determined or withdrawn. Given the length of time appeals to the High Court take I consider the time provided sufficient.
I am concerned about this section because it must be borne in mind that the person has actually been recognised as a refugee and has been conferred with the rights and privileges of Irish citizens. A period of 21 days would be considered short notice if one was terminating a lease, for example, and is certainly short notice to have to move from a country having been recognised as a refugee and conferred with rights and privileges which are equivalent to those of Irish citizens. An Irish citizen would find 21 days a short period in which to deal with an appeal or to have to leave. It is a sweeping change to inform somebody that their status has been changed or revoked.
The person has 21 days in which to appeal against the Minister's indication that a declaration is to be revoked. They then have another 21 days and once an appeal is lodged and is before the courts there is another period.
There have been no circumstances in which we have revoked refugee status and people who have been granted refugee status and are here for more than five years — or three years in some special cases — can apply for citizenship. There is only a remote possibility of this power being used frequently. The two 21 day periods and the appeal period are substantial.
Is the Minister saying that once the appeal has been set in progress a person cannot be asked to leave?
They cannot be asked to leave until it is finalised. All the other points arise in relation to, for instance, the refoulement principle of them not being sent to a country where they may be at some risk. They have to find another country and if they are not satisfied, while we can revoke their status we cannot force them to leave.
