Appeals Tribunal
INTERNATIONAL PROTECTION ACT 2015
REVISED
Updated to 31 January 2024
An Act to restate and modify certain aspects of the law relating to the entry into and presence in the State of persons in need of international protection, while having regard also to the power of the Executive in relation to these matters, to give further effect to Council Directive 2001/55/EC of 20 July 20011 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, to give further effect to Council Directive 2004/83/EC of 29 April 20042 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, to give further effect to Council Directive 2005/85/EC of 1 December 20053 on minimum standards on procedures in Member States for granting and withdrawing refugee status, to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967, to amend the Immigration Act 1999, the Immigration Act 2003 and the Immigration Act 2004, to amend or repeal certain other enactments, and to provide for related matters.
[30 th December, 2015]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Act applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 15.
Applicant under section 8 of the Refugee Act 1996 or under section 15 of Act of 2015 to whom Article 18(1)(c) applies
12. …
(2) A person to whom this Regulation applies shall, notwithstanding section 22 of the Act of 2015, but without prejudice to section 21 of that Act, be deemed to have made, on the date on which this Regulation first applies to him or her, an application for international protection under section 15 of that Act, and, subject to this Regulation, the provisions of that Act shall, with any necessary modifications, apply accordingly.
…
Person to whom Regulation 13(2) or 14(2) applies.
15. Where a person is deemed under Regulation 13(2) or 14(2) to have made an application for international protection under section 15 of the Act of 2015, the provisions of that Act shall apply to the application, with the following modifications and any other necessary modifications—
(a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration,
(b) for the purposes of the examination under Part 5 of that Act of the application, the person shall be deemed to be a person who should not be given a refugee declaration,
(c) for the purposes of section 39(3) of that Act—
(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the person, and
(ii) the recommendation of the Refugee Applications Commissioner, made under the Act of 1996 in respect of the person, shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the person should not be given a refugee declaration,
and
(d) an appeal to the Tribunal under section 41(1) of that Act against a recommendation under paragraph (b) or (c) of section 39(3) of that Act may be made only in respect of the part of the recommendation that recommends that the person should not be given a subsidiary protection declaration.
C2
References construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 18(2), 19(2).
Provisions in relation to international protection officers
18. (1) An international protection officer shall be independent in the performance of his or her functions under these Regulations.
(2) A reference in the Act of 2015 to the functions of an international protection officer conferred on him or her by that Act shall be deemed to include a reference to the functions conferred on an international protection officer by these Regulations.
Provisions in relation to the Tribunal
19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.
(2) A reference in the Act of 2015 to—
(a) a function of the Tribunal, chairperson, deputy chairperson, registrar or a member of the Tribunal (including a reference to a function conferred by that Act) shall be deemed to include a reference to the functions conferred upon the Tribunal, chairperson, deputy chairperson, registrar or member, as the case may be, by these Regulations.
(b) the work or business of the Tribunal shall include a reference to the work or business of the Tribunal by virtue of these Regulations, and
(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.
PART 1
Preliminary
Section 1
Short title and commencement
1. (1) This Act may be cited as the International Protection Act 2015.
(2) This Act comes into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) An order under subsection (2) may, in respect of the repeal of the Act specified in section 6(1) effected by that section, appoint different days for the repeal of different provisions of that Act.
Annotations
Editorial Notes:
E1
Power pursuant to subs. (2) exercised (16.04.2018) by International Protection Act 2015 (Section 6(2)(j)) (Commencement) Order 2018 (S.I. No. 119 of 2018).
2. The 16th day of April 2018 is appointed as the day on which section 6(2)(j) of the International Protection Act 2015 (No. 66 of 2015) comes into operation.
E2
Power pursuant to subs. (2) exercised (22.12.2016 and 31.12.2016) by Protection Act 2015 (Commencement) (No. 3) Order 2016 (S.I. No. 663 of 2016).
3. The 22nd day of December 2016 is appointed as the day on which the following provisions of the Act of 2015 come into operation:
(a) section 2 (insofar as it is not already in operation);
(b) section 3;
(c) section 15(5) (insofar as it relates to prescribing a form);
(d) section 17(2) (insofar as it relates to prescribing information);
(e) section 20(1) (insofar as it relates to prescribing places of detention);
(f) section 48(7);
(g) section 48(8);
(h) section 49(10);
(i) section 51(5);
(j) section 55(3);
(k) section 55(4);
(l) section 61(2).
4. The 31st day of December 2016 is appointed as the day on which the Act of 2015 (other than paragraphs (b), (f), (i), (j), (l), (m), and (p) of section 6(2)), insofar as it is not already in operation, comes into operation.
E3
Power pursuant to subs. (2) exercised (10.03.2016) by International Protection Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No. 133 of 2016).
2. The 10th day of March 2016 is appointed as the day on which the following provisions of the International Protection Act 2015 (No. 66 of 2015) come into operation:
(a) section 78;
(b) section 80;
(c) section 81.
E4
Power pursuant to section exercised (11.01.2016) by International Protection Act 2015 (Commencement) Order 2016 (S.I. No. 26 of 2016).
2. The 11th day of January 2016 is appointed as the day on which the following provisions of the International Protection Act 2015 (No. 66 of 2015) come into operation.
(a) section 1;
(b) section 2, insofar as it relates to the repeal referred to in paragraph (c);
(c) section 6(1), insofar as it relates to the repeal of section 7A of the Refugee Act 1996 (No. 17 of 1996).
Section 2
Interpretation
2. (1) In this Act—
“Act of 1996” means the Refugee Act 1996;
“Act of 1999” means the Immigration Act 1999;
“Act of 2004” means the Immigration Act 2004;
“applicant” means a person who—
(a) has made an application for international protection in accordance with section 15, or on whose behalf such an application has been made or is deemed to have been made, and
(b) has not ceased, under subsection (2), to be an applicant;
“biometric information” means information relating to the distinctive physical characteristics of a person including—
(a) measurements or other assessments of those characteristics,
(b) information about those characteristics held in an automated form,
but does not include references to the DNA profile of a person, and references to the provision by a person of biometric information means its provision in a way that enables the identity of the person to be investigated or ascertained;
“chairperson” means the chairperson of the Tribunal;
“chief international protection officer” means the person appointed under section 75 to be the chief international protection officer;
“country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence;
“civil partner” means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“deportation order” shall be construed in accordance with section 51;
“deputy chairperson” means a deputy chairperson of the Tribunal;
“DNA profile” has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;
“document” includes—
(a) any written matter,
(b) any photograph,
(c) any currency notes or counterfeit currency notes,
(d) any information in non-legible form that is capable of being converted into legible form,
(e) any audio or video recording, and
(f) a travel document or an identity document;
“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 20134
“Dublin System Regulations” means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation;
“establishment day” shall be construed in accordance with section 61(2);
“European Asylum Support Office” means the European Asylum Support Office established by Regulation (EU) No. 439/2010 of the European Parliament and of the Council of 19 May 20105;
“Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 1) and includes the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 2);
“High Commissioner” means the United Nations High Commissioner for Refugees;
“identity document” includes a passport, visa, transit visa, national identity card, entry permit, residence permit, driving licence, employment permit, birth certificate, marriage certificate or any other document establishing or contributing to establishing a person’s nationality or identity issued or purporting to be issued by or on behalf of a local or the national authority of a state, including the State, or by an organ or agency of the United Nations;
“immigration officer” has the meaning it has in section 3 of the Act of 2004;
“information” includes—
(a) information in the form of a document (or any other thing) or in any other form, and
(b) personal information, including biometric information;
“international protection” means status in the State either—
(a) as a refugee, on the basis of a refugee declaration, or
(b) as a person eligible for subsidiary protection, on the basis of a subsidiary protection declaration;
“international protection officer” means a person who is authorised under section 74 to perform the functions conferred on an international protection officer by or under this Act;
“legal assistance” means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995;
“legal representative” means a practising solicitor or a practising barrister;
“Minister” means the Minister for Justice and Equality;
“persecution” shall be construed in accordance with section 7;
“person eligible for subsidiary protection” means a person—
(a) who is not a national of a Member State of the European Union,
(b) who does not qualify as a refugee,
(c) in respect of whom substantial grounds have been shown for believing that he or she, if returned to his or her country of origin, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country, and
(d) who is not excluded under section 12 from being eligible for subsidiary protection;
“personal interview” means an interview held under section 35(1);
“preliminary interview” means an interview held under section 13(1);
“prescribed” means prescribed by regulations made by the Minister;
“protection” (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with section 31;
“qualified person” means a person who is either—
(a) a refugee and in relation to whom a refugee declaration is in force, or
(b) a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force;
“refugee” means a person, other than a person to whom section 10 applies, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside his or her country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it;
“refugee declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a refugee;
“registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;
“Registrar” means the Registrar of the Tribunal appointed under section 66;
“Regulations of 2006” means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);
“Regulations of 2013” means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);
F1[“return order” has the meaning assigned to it by section 51A;]
“safe country of origin” means a country that has been designated under section 72 as a safe country of origin;
F1[“safe third country” means a country that has been designated under section 72A as a safe third country;]
“serious harm” means—
(a) death penalty or execution,
(b) torture or inhuman or degrading treatment or punishment of a person in his or her country of origin, or
(c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict;
“serious non-political crime” includes particularly cruel actions, even if committed with an allegedly political objective;
“statute” means—
(a) an Act of the Oireachtas, or
(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution;
“statutory instrument” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute;
“social welfare benefits” includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2015 ;
“subsidiary protection declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a person eligible for subsidiary protection;
“Tribunal” means the International Protection Appeals Tribunal established by section 61.
(2) A person shall cease to be an applicant on the date on which—
(a) subject to subsection (3), the Minister refuses—
(i) under subsection (2) or (3) of section 47 to give the person a refugee declaration, or
(ii) under section 47(5) both to give a refugee declaration and to give a subsidiary protection declaration to the person,
(b) subject to subsection (3), he or she is first given, under section 54(1), a permission to reside in the State, or
(c) he or she is transferred from the State in accordance with the Dublin Regulation.
(3) Where—
(a) a recommendation referred to in section 39(3)(b) is made in respect of an applicant, and
(b) the applicant appeals under section 41(1)(a) against the recommendation,
notwithstanding the giving, under section 47(4)(a), of a subsidiary protection declaration to the applicant on the basis of the recommendation, he or she shall, for the purposes of this Act, remain an applicant until, following the decision of the Tribunal in relation to the appeal, the Minister, under section 47, gives or, as the case may be, refuses to give him or her a refugee declaration.
Annotations
Amendments:
F1
Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 117, S.I. No. 693 of 2020, subject to transitional provision in s. 116.
4 O.J. No. L180, 29.06.2013, p.31 or any Regulation amending or replacing that Regulation;
5 O.J. No. L132, 29.05.2010, p.11
Section 3
Regulations
3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Different regulations may be made under this section in respect of different classes of matter the subject of the prescribing concerned.
(3) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(4) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling such regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E5
Power pursuant to section exercised (8.11.2022) by International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 (S.I. No. 542 of 2022), in effect as per reg. 1(2).
E6
Power pursuant to section exercised (1.01.2021) by International Protection Act 2015 (Section 51B) (Places of Detention) Regulations 2020 (S.I. No. 727 of 2020), in effect as per reg. 1(2).
E7
Power pursuant to section exercised (1.01.2021) by International Protection Act 2015 (Return Order) Regulations 2020 (S.I. No. 726 of 2020), in effect as per reg. 1(2).
E8
Power pursuant to section exercised (29.03.2017) by International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116 of 2017).
E9
Power pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Deportation) Regulations 2016 (S.I. No. 668 of 2016), in effect as per reg. 1(2).
E10
Power pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Travel Document) Regulations 2016 (S.I. No. 667 of 2016), in effect as per reg. 1(2).
E11
Power pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Places of Detention) Regulations 2016 (S.I. No. 666 of 2016), in effect as per reg. 1(2).
E12
Power pursuant to section exercised (31.12.2016) by International Protection Act (Voluntary Return) Regulations 2016 (S.I. No. 665 of 2016), in effect as per reg. 1(2).
E13
Power pursuant to section exercised (31.12.2016) by International Protection Act (Permission to Remain) Regulations 2016 (S.I. No. 664 of 2016), in effect as per reg. 1(2).
E14
Power pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Temporary Residence Certificate) (Prescribed Information) Regulations 2016 (S.I. No. 662 of 2016), in effect as per reg. 1(2).
E15
Power pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Application for International Protection Form) Regulations 2016 (S.I. No. 660 of 2016), in effect as per reg. 1(2).
Section 4
Expenses
4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
PART 10
International Protection Appeals Tribunal
Section 61
International Protection Appeals Tribunal
61. (1) On the establishment day, there shall stand established a Tribunal to be known as An Binse um Achomhairc i dtaobh Cosaint Idirnáisiúnta or, in the English language, the International Protection Appeals Tribunal, which shall determine appeals and perform such other functions as may be conferred on it by or under this Act and the Dublin System Regulations.
(2) The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.
(3) Subject to subsection (4), the Tribunal shall be—
(a) inquisitorial in nature, and
(b) independent in the performance of its functions.
(4) The Minister may appoint such and so many persons to be members of the staff of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions and such members of the staff of the Tribunal shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.
(5) Members of the staff of the Tribunal shall be civil servants within the meaning of the Civil Service Regulation Acts 1956 to 2005.
(6) Whenever the Tribunal consists of more than one member, it shall be grouped into divisions, each of which shall consist of one member.
Annotations
Editorial Notes:
E32
Power pursuant to subs. (2) exercised (31.12.2016) by International Protection Act 2015 (Establishment Day) Order 2016 (S.I. No. 661 of 2016).
2. The 31st day of December 2016 is appointed to be the establishment day for the purposes of the International Protection Act 2015 (No. 66 of 2015).
Section 62
Membership of Tribunal
62. (1) The Tribunal shall consist of the following members—
(a) a chairperson, who shall be appointed in a whole-time capacity,
(b) not more than 2 deputy chairpersons, who shall be appointed in a whole-time capacity, and
(c) such number of other members, appointed either in a whole-time or a part-time capacity, as the Minister, with the consent of the Minister for Public Expenditure and Reform, considers necessary for the expeditious performance of the functions of the Tribunal,
each of whom shall have had before his or her appointment the appropriate experience specified in subsection (2).
(2) The experience referred to in subsection (1) is not less than 5 years experience as a practising barrister or practising solicitor.
(3) Subject to subsection (4), the Minister shall appoint the members of the Tribunal.
(4) Subject to subsections (8) and (15), the Minister shall not appoint a member of the Tribunal unless the Public Appointments Service, after holding a competition under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004, has selected him or her for appointment to the position.
(5) Subsection (4) shall not apply to the reappointment of a member, in accordance with subsection (7), for a second term.
(6) (a) Each member of the Tribunal appointed in a part-time capacity shall hold office under a contract for services in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
(b) The chairperson of the Tribunal and each member of the Tribunal appointed in a whole-time capacity, shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.
(7) The term of office of the members of the Tribunal shall be as follows:
(a) the term of office of the chairperson shall be 5 years and a chairperson may be reappointed to the office for a second term not exceeding 5 years;
(b) the term of office of a deputy chairperson shall be 5 years and a deputy chairperson may be reappointed to the office for a second term not exceeding 5 years;
(c) the term of office of a member appointed in a whole-time capacity, other than the chairperson, shall be F18[5 years] and such a member may be reappointed to the office for a second term not exceeding F18[5 years];
(d) the term of office of a member appointed in a part-time capacity shall be F18[5 years] and such a member may be reappointed to the office for a second term not exceeding F18[5 years].
F19[(7A) Notwithstanding subsection (7), a member of the Tribunal who has been reappointed for a second term is otherwise eligible for appointment by way of competition in accordance with subsection (4).
(7B) Where, immediately before the coming into operation of section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, a member of the Tribunal, other than the chairperson or a deputy chairperson, stands appointed or reappointed, as the case may be, to the Tribunal, in a whole-time or a part-time capacity, the person shall be deemed to have been appointed or reappointed, as the case may be, for a term of office of 5 years from the date on which he or she was so appointed or reappointed, as the case may be.]
(8) Where the chairperson is for any reason temporarily unable to act as the chairperson, or the office of the chairperson is vacant, the Minister shall appoint a deputy chairperson to be the chairperson for the duration of the inability or until an appointment is made under subsection (4), as appropriate, and the person so appointed may perform all the functions conferred on the chairperson by this Act.
(9) A member of the Tribunal may resign from office by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter.
(10) Where a member of the Tribunal is—
(a) nominated as a member of Seanad Éireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,
(c) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament,
(d) elected or co-opted as a member of a local authority,
(e) appointed to judicial office, or
(f) appointed Attorney General,
he or she shall thereupon cease to be a member of the Tribunal.
(11) A person who is for the time being—
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) entitled under the standing orders of a local authority to sit as a member thereof,
shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified from being a member of the Tribunal.
(12) Without prejudice to the generality of subsection (11), that subsection shall be construed as prohibiting the reckoning of a period referred to therein as service with the Tribunal for the purposes of any superannuation benefits payable under this Act or otherwise.
(13) A member of the Tribunal may be removed from office by the Minister for stated reasons.
(14) If a member appointed in a part-time capacity—
(a) dies, resigns, becomes disqualified or is removed from office, or
(b) is for any reason temporarily unable to continue to perform his or her functions,
the Minister may appoint another person to be a member of the Tribunal in a part-time capacity to fill the casual vacancy so occasioned until an appointment is made in accordance with subsection (4).
(15) If a member appointed in a whole-time capacity—
(a) dies, resigns, becomes disqualified or is removed from office, or
(b) is for any reason temporarily unable to continue to perform his or her functions,
the Minister may appoint another person to be a member of the Tribunal in a whole-time or part-time capacity until an appointment is made in accordance with subsection (4).
Annotations
Amendments:
F18
Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 72(a)(i), (ii), S.I. No. 389 of 2023, art. 3(k).
F19
Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 72(b), S.I. No. 389 of 2023, art. 3(k).
Section 63
Functions of chairperson of Tribunal
63. (1) The chairperson shall ensure that the functions of the Tribunal are performed efficiently and that the business assigned to each member is disposed of as expeditiously as may be consistent with fairness and natural justice.
(2) The chairperson may issue to the members of the Tribunal guidelines on the practical application and operation of the provisions or any particular provisions of this Part and on developments in the law relating to international protection.
(3) (a) The chairperson may, if he or she considers it appropriate to do so in the interest of the fair and efficient performance of the functions of the Tribunal, issue guidelines to the Registrar for the purpose of the performance of his or her functions of assigning or re-assigning appeals under section 67(2) or (3).
(b) In issuing the guidelines referred to in paragraph (a), the chairperson shall have regard to the following matters:
(i) the grounds of the appeals specified in the notices of appeal;
(ii) the country of origin of applicants;
(iii) any family relationship between applicants;
(iv) the ages of the applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made;
(v) the provisions of this Act under which the appeals are made.
(4) The chairperson may —
(a) re-assign business from one member to a different member if, in the opinion of the chairperson, such re-assignment—
(i) is warranted by the inability or unwillingness to transact that business of the member to whom the business was originally assigned, and
(ii) where the business relates to an appeal, cannot be achieved by agreement between the Registrar and that member,
(b) require a member to prepare a report of his or her determination of each appeal within a period specified in the guidelines referred to at subsection (2), and
(c) require a member to prepare a report on any aspect of the transaction of the business assigned to the member.
(5) The chairperson—
(a) may accord priority to an appeal when he or she is of the opinion that it is in the interests of justice to do so, and
(b) shall accord priority to an appeal that is the subject of a request under section 73(1)(b).
(6) The chairperson may from time to time convene a meeting with a member or members of the Tribunal for the purpose of discussing matters relating to the transaction of the business assigned to the member or members, including, in particular, such matters as the avoidance of undue divergences in the transaction of business by the members.
(7) The chairperson shall convene a meeting of the members at least once a year to review the transaction of business by members and, where necessary, to make provision for training programmes for members.
(8) The chairperson shall make the following written reports on the activities of the Tribunal:
(a) a report to the Minister in relation to any function that the chairperson performs under this Act, if requested to do so by the Minister or if the chairperson considers it appropriate to do so;
(b) an annual report to the Minister not later than 3 months after the end of each year, which the Minister shall cause to be laid before each House of the Oireachtas not more than 30 days after he or she receives it.
(9) Where a member of the Tribunal fails to comply with a provision of section 65, the chairperson may make a written report to the Minister of this failure.
(10) In this section and section 65, “business” means the determination of appeals and any additional tasks assigned to a member by the chairperson in order to fulfil any other functions conferred on the Tribunal by or under this Act and the Dublin System Regulations.
Section 64
Functions of deputy chairperson of Tribunal
64. Without prejudice to section 62(8), a deputy chairperson of the Tribunal shall perform such of the functions of the chairperson under this Act as the chairperson may assign to him or her.
Section 65
Role of members of Tribunal
65. (1) A member of the Tribunal shall, on behalf of the Tribunal, transact the business assigned to him or her under this Act.
(2) A member shall, in the performance of his or her functions under this Act—
(a) ensure that the business assigned to him or her is managed efficiently and disposed of as expeditiously as is consistent with fairness and natural justice,
(b) conduct oral hearings in accordance with this Act and any regulations under section 41(4),
(c) accord priority to an appeal to which section 63(5) applies that is assigned to him or her,
(d) have regard to any guidelines issued by the chairperson under section 63(2),
(e) prepare the report referred to in paragraph (b) or (c) of section 63(4) and provide it to the chairperson when requested to do so,
(f) attend any meetings convened by the chairperson under subsection (6) or (7) of section 63, unless it is impracticable to do so,
(g) provide such assistance to the chairperson in the performance by the chairperson of his or her functions under this Act as the chairperson may reasonably request, and
(h) comply with any direction given by the chairperson relating to training and the continued professional development of members.
Section 66
Registrar
66. (1) The Minister shall appoint a person to be Registrar of the Tribunal.
(2) A person appointed under subsection (1) shall perform the functions assigned to him or her by or under this Act.
(3) The Registrar shall be responsible to the chairperson for the performance of his or her functions.
(4) Where the Registrar is for any reason temporarily unable to perform his or her function of assigning and re-assigning appeals under section 67 or the position of Registrar is vacant, that function of the Registrar may be performed, for the duration of the inability or until an appointment is made under subsection (1) by such member of the staff of the Tribunal as may, from time to time, be designated for that purpose by the Registrar, or (in the absence of such designation) by the Minister, and references in this Act to the Registrar shall be read as including references to a person designated under this subsection.
Section 67
Functions of Registrar
67. (1) The Registrar shall, in consultation with the chairperson—
(a) manage and control generally the staff and administration of the Tribunal, and
(b) perform such other functions as may be conferred on him or her by the chairperson.
(2) The Registrar shall assign to each member the appeals to be determined by him or her.
(3) Subject to section 63(4)(a), the Registrar may re-assign an appeal where the member to whom it was originally assigned is unable or unwilling to determine that appeal.
(4) In assigning or re-assigning an appeal to a member the Registrar shall have regard to—
(a) the need to ensure the efficient management of the work of, and the expeditious performance of its functions by, the Tribunal, consistent with fairness and natural justice, and
(b) any guidelines issued by the chairperson under section 63(3)(a).
(5) The Registrar shall bring to the attention of the chairperson any matter relevant to the chairperson’s functions under subsection (1) or (5) of section 63.
(6) (a) The Registrar shall, whenever requested by the chairperson, assign to the chairperson—
(i) appeals, or
(ii) a particular appeal,
to be determined by the chairperson under this Act.
(b) In assigning an appeal under paragraph (a), the Registrar shall comply with any direction of the chairperson.
(c) In making a request or giving a direction referred to in this subsection, the chairperson shall have regard to the matters referred to in subsection (4).
Annotations
Modifications (not altering text):
C13
References construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 19(2).
Provisions in relation to the Tribunal
19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.
(2) A reference in the Act of 2015 to—
(a) a function of the Tribunal, chairperson, deputy chairperson, registrar or a member of the Tribunal (including a reference to a function conferred by that Act) shall be deemed to include a reference to the functions conferred upon the Tribunal, chairperson, deputy chairperson, registrar or member, as the case may be, by these Regulations.
(b) the work or business of the Tribunal shall include a reference to the work or business of the Tribunal by virtue of these Regulations, and
(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.