Assessment of Application

Duty of applicant to cooperate

It shall be the duty of an applicant—

• to submit as soon as reasonably practicable all the information needed to substantiate his or her application,
• to co-operate in the examination of his or her application and in the determination of his or her appeal in relation to that application, if any, and
• to comply with all of the other obligations under the 2015 Act of an applicant in relation to his or her application.

The information referred to consists of statements by the applicant, and all documentation at his or her disposal, regarding the below elements of his or her application.

Assessment of facts and circumstances

An international protection officer shall, in co-operation with the applicant, assess the relevant elements of the application. The Tribunal shall, for the purposes of an appeal in co-operation with the applicant, assess the relevant elements of the application.

The elements referred to above consist of the applicant’s statements and all the documents submitted by him or her regarding his or her—

• age,
• background, including that of relevant relatives,
• identity,
• nationality or nationalities,
• country or countries, and place or places, of previous residence,
• previous asylum applications, whether made in the State or outside it,
• travel routes,
• identity and travel documents, and
• reasons for applying for international protection.

Assessment Factors I

The assessment, by the international protection officer of an application, and by the Tribunal of an appeal, shall be carried out on an individual basis and shall include taking into account the following:

• all relevant facts as they relate to the country of origin at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied;
• the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;
• the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;
• whether the applicant’s activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities will expose the applicant to persecution or serious harm if returned to that country;
• whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship;
• the general credibility of the applicant.

In the assessment of an application, an international protection officer shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age.

In the conduct of an appeal, the Tribunal shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age.

A “relevant circumstance” means, in relation to an application, a circumstance that falls to be considered in the assessment of the application; A relevant occurrence” means, in relation to an application, an occurrence that falls to be considered in the assessment of the application.

Assessment Factors II

The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such serious harm, is a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.

Where aspects of the applicant’s statements are not supported by documentary or other evidence, those aspects shall not need confirmation where the international protection officer or, as the case may be, the Tribunal, is satisfied that—

• the applicant has made a genuine effort to substantiate his or her application,
• all relevant elements at the applicant’s disposal have been submitted and a satisfactory explanation regarding any lack of other relevant elements has been given,
• the applicant’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant’s case,
• the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so, and
• the general credibility of the applicant has been established.

International protection needs arising sur place

For the purposes of the 2015 Act, a well-founded fear of being persecuted or a real risk of suffering serious harm may be based on events which have taken place since the applicant left his or her country of origin.

(A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which have been engaged in by the applicant since he or she left his or her country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.

Without prejudice to the Geneva Convention, an applicant who is the subject of an application made with the consent of the Minister given shall not normally be—

• the subject of a recommendation by the international protection officer under section 39 that he or she is a person in respect of whom a refugee declaration should be given, or
• the subject of a decision by the Tribunal under section 46 to recommend that he or she is a person in respect of whom a refugee declaration should be given,

if the risk of persecution is based on circumstances which the applicant has created by his or her own decision since leaving his or her country of origin.

Actors of persecution or serious harm

For the purposes of the 2015 Act, actors of persecution or serious harm include—

• a state,
• parties or organisations controlling a state or a substantial part of the territory of a state, and
• non-state actors, if it can be demonstrated that the above actors including international organisations, are unable or unwilling to provide protection against persecution or serious harm.

Actors of protection

For the purposes of the 2015 Act, protection against persecution or serious harm can only be provided by—

• a state, or
• parties or organisations, including international organisations, controlling a state or a substantial part of the territory of a state,
• provided that they are willing and able to offer the below protection.

Protection against persecution or serious harm must be effective and of a non-temporary nature. It shall be regarded as being generally provided where—

• the above actors take reasonable steps to prevent the persecution or suffering of serious harm, and
• the applicant has access to such protection.

When assessing whether an international organisation controls a state or a substantial part of its territory and provides protection the Minister, the international protection officer or, as the case may be, the Tribunal, shall take into account any guidance which may be provided in relevant European Union acts.

The steps referred to above include the operating of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm.

Internal protection

An international protection officer may recommend or, as the case may be, the Tribunal may decide, that an applicant is not in need of international protection if in a part of the country of origin the applicant has.

• no well-founded fear of being persecuted or is not at real risk of suffering serious harm, or
• access to protection against persecution or serious harm, and
• can safely and legally travel to and gain admittance to that part of the country and can reasonably be expected to settle there.

An international protection officer or, as the case may be, the Tribunal, in examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin shall have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant

An international protection officer or, as the case may be, the Tribunal, shall ensure that precise and up-to-date information is obtained from relevant sources, such as the High Commissioner and the European Asylum Support Office.

Applicant from safe country of origin

A country that has been designated as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where—

• the country is the country of origin of the applicant, and
• the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection.