Application Decision
Examination of application
An international protection officer shall examine each application for international protection for the purpose of deciding whether to recommend, that—
- the applicant should be given a refugee declaration,
- the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or
- the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.
Personal interview
As part of the examination, the international protection officer shall cause the applicant to be interviewed, at such time and place that the international protection officer may fix, in relation to the matters referred to in that section.
An applicant interviewed above shall, whenever necessary for the purpose of ensuring appropriate communication during a personal interview, be provided by the Minister or international protection officer with the services of an interpreter.
The Minister, for the purpose of ensuring that personal interviews are conducted under conditions that allow the applicant to present the grounds for his or her application in a comprehensive manner shall—
- ensure that the persons who conduct the personal interviews are sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability, insofar as it is possible to do so, and
- in the case of interviews where applicable, select interpreters who are able to ensure appropriate communication between the applicant and the person who conducts the interview.
The requirement shall be regarded as complied with if interpretation is provided in a language that the applicant may reasonably be supposed to understand and in which he or she is able to communicate.
Procedure at Interview
A personal interview shall—
- take place without the presence of family members of the applicant unless the international protection officer considers it necessary for an appropriate examination to have other family members present, and
- take place under conditions that ensure appropriate confidentiality.
The following may be present at a personal interview:
- the High Commissioner, whenever he or she so requests;
- the applicant’s legal representative or a person nominated by that legal representative, with the consent of the application.
Where an applicant has not attained the age of 18 years and is accompanied by an adult other than his or her parent, the interviewer, where he or she considers it appropriate to do so, shall require the adult to satisfy him or her that the adult is taking responsibility for the care and protection of the applicant concerned.
The interviewer may make such inquiries of or about the applicant and the adult concerned as the interviewer considers necessary in order to satisfy himself or herself that the adult is taking the responsibility referred to and is authorised to do so.
Post-Interview
Where the interviewer (whether or not having made appropriate enquiries under s not satisfied either that the adult is taking responsibility for the applicant or that the adult is authorised to do so, he or she shall so inform the Child and Family Agency, and
- it shall be presumed that the applicant is a child in need of care and protection, and
- the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply.
A personal interview may be dispensed with where the international protection officer is of the opinion that—
- based on the available evidence, the applicant is a person in respect of whom a refugee declaration should be given,
- where the applicant has not attained the age of 18 years, he or she is of such an age and degree of maturity that an interview would not usefully advance the examination, or
- the applicant is unfit or unable to be interviewed owing to circumstances that are enduring and beyond his or her control.
This does not itself operate to—
- prevent information relating to the application from being submitted to the international protection officer by or on behalf of the applicant,
- prevent the international protection officer from making a recommendation under in respect of the application, or
- adversely affect the recommendation referred to.
The applicant, the High Commissioner or any other person concerned may make representations in writing to the Minister in relation to any matter relevant to an examination of an application for international protection and the international protection officer shall take account of any such representations made before or during a personal interview.
This does not be construed as preventing the international protection officer from taking into account any representations made following a personal interview provided that such representations are made prior to the preparation of the report in relation to the application.
Following the conclusion of a personal interview, the interviewer shall prepare a report in writing of the interview.
The report prepared shall comprise two parts—
- one of which shall include anything that is, in the opinion of the international protection officer, relevant to the application, and
- the other of which shall include anything that would, in the opinion of the international protection officer, be relevant to the Minister’s decision in the event that a Ministerial decision under were to apply to the applicant.
Application on Behalf of Child
Where it appears to the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years the Minister shall, taking the best interests of the child as a primary consideration, ensure that the person appointed by the Child and Family Agency for that purpose
- is given the opportunity to inform the applicant about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview, and
- is allowed to be present at the personal interview and to ask questions or make comments, within the framework set by the person who conducts the interview,
The personal interview is to be conducted—
- by a person who has the necessary knowledge of, and competence to take into account, the special needs of persons who have not attained the age of 18 years, and
- where appropriate, having regard to the age and degree of maturity of the applicant and the role of the person referred to in paragraph (a), in a manner that enables the applicant to ask questions and make comments, within the framework set by the person who conducts the interview, and
(the report of the personal interview together with the report under section 39 in respect of the applicant’s application is prepared by a person with the necessary knowledge of the special needs of persons who have not attained the age of 18 years.
Withdrawal of application at first instance
An applicant may, at any time before the preparation of the report under section 39 in relation to the application, withdraw his or her application by sending notice of withdrawal to the Minister. Where an application is withdrawn
- any examination of the application shall be terminated,
- the Minister shall, refuse both to give the person who made the application a refugee declaration and to give a subsidiary protection declaration, and
- the Minister, as soon as practicable, shall send the person and his or her legal representative (if known) a notice confirming that the application is withdrawn, and inform the High Commissioner of the fact that the application is withdrawn.
Failure by applicant to cooperate.
Where an applicant does not attend for a personal interview on the date and at the time fixed under for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Minister with an explanation for the non-attendance which in the opinion of the Minister is reasonable in the circumstances, the below shall apply to the applicant.
Where the Minister is of the opinion that an applicant—
- has failed, or is failing, in his or her duty to co-operate, or
- is in breach of term of residence,
the Minister shall send to the applicant or his or her legal representative (if known) written notice of his or her opinion, and of the reasons for it.
Non-Cooperation Procedure
The Minister, in the notice shall—
- invite the applicant to furnish, within 10 working days of the date of the notice, his or her observations on the Minister’s opinion referred to in that subsection,
- require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her application,
- remind the applicant of his or her duty to co-operate and to comply with any requirements that have been or may be imposed), and
- include a statement of the effect of the provisions
Where an applicant to whom a notice is sent does not furnish the confirmation referred to or the Minister, having considered the observations (if any) made by the applicant and the confirmation of the applicant, is of the opinion that the applicant has failed, or is failing, to comply with any of the obligations referred the applicant’s application shall be examined on the basis of the information submitted by the applicant before the provision applied to him or her.
The notice shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where—
- he or she is not assisted or represented by a legal representative, and
- legal assistance is not available to him or her.
Report of examination of application
Following the conclusion of an examination of an application for international protection, the international protection officer shall cause a written report to be prepared in relation to the matters referred to below.
The report shall
- refer to the matters relevant to the application which are raised by the applicant in his or her application, preliminary interview or personal interview or at any time before the conclusion of the examination, and other matters the international protection officer considers appropriate,
- set out the recommendation of the international protection officer in relation to the application, and
- set out any of the findings – in relation to the application.
The recommendation of the international protection officer in relation to the application shall be based on the examination of the application and shall be that—
- the applicant should be given a refugee declaration,
- the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or
- the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.
Where a report includes a recommendation of the international protection officer the report may also include one or more of the following findings:
- that the applicant, in submitting his or her application and in presenting the grounds of his or her application in his or her preliminary interview or personal interview or at any time before the conclusion of the examination, has raised only issues that are not relevant or are of minimal relevance to his or her eligibility for international protection;
- that the applicant has made inconsistent, contradictory, improbable or insufficient representations which make his or her claim to be eligible for international protection clearly unconvincing;
- that the applicant has failed without reasonable cause to make his or her application as soon as reasonably practicable having had opportunity to do so;
- that the applicant, for a reason referred to in section 32, is not in need of international protection;
- that the applicant’s country of origin is a safe country of origin.
Where a recommendation cannot be made within 6 months of the date of application, the Minister shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommendation may be made.
The provision by the Minister of an estimated time within which a recommendation may be made shall not of itself oblige the international protection officer to make a recommendation within that time.
Notification of Recommendation
Where an international protection officer has prepared a report as above or caused such a report to be prepared, the Minister shall notify, in writing, the applicant concerned, the applicant’s legal representative (if known) and, whenever so requested by him or her, the High Commissioner, of the officer’s recommendation.
The notification and, where applicable, the statement shall, when sent to an applicant, be in a language that he or she may reasonably be supposed to understand, where—
- he or she is not assisted or represented by a legal representative, and
- legal assistance is not available to him or her.
Where the international protection officer’s recommendation that he be given and refugee declaration, the notification need only consist of that fact.
Where the international protection officer’s recommendation is refusal of a refugee declaration the notification shall be accompanied by—
- a statement of the reasons for the recommendation that the applicant is not given a refugee declaration but be given and subsidiary declaration certificate,
- a copy of the report, and
- a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.
Where the international protection officer’s recommendation is neither a refugee declaration nor subsidiary declaration the notification shall be accompanied by—
- a statement of the reasons for the recommendation,
- a copy of the report under section 39, and
- a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.
Nothing in the 2015 Act shall be construed as requiring the disclosure of any information that has been supplied to the Minister, an international protection officer, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, other than in accordance with the undertaking, or with the consent of the other state.