{"id":22400,"date":"2023-08-04T21:46:53","date_gmt":"2023-08-04T21:46:53","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22400"},"modified":"2024-04-14T22:10:41","modified_gmt":"2024-04-14T22:10:41","slug":"appeal-to-tribunal","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/appeal-to-tribunal\/","title":{"rendered":"Appeal to Tribunal"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Appeal_to_Tribunal\" title=\"Appeal to Tribunal\">Appeal to Tribunal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Oral_hearing\" title=\"Oral hearing\">Oral hearing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Hearing_Matters\" title=\"Hearing Matters\">Hearing Matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Accelerated_appeal_procedures_in_certain_cases\" title=\"Accelerated appeal procedures in certain cases\">Accelerated appeal procedures in certain cases<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Appeal_to_Tribunal_provision_of_information\" title=\"Appeal to Tribunal: provision of information\">Appeal to Tribunal: provision of information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Withdrawal_and_deemed_withdrawal_of_appeal_to_Tribunal\" title=\"Withdrawal and deemed withdrawal of appeal to Tribunal\">Withdrawal and deemed withdrawal of appeal to Tribunal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Consequences_of_Withdrawal\" title=\"Consequences of\u00a0 Withdrawal\">Consequences of\u00a0 Withdrawal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Decision_of_Tribunal_on_appeal\" title=\"Decision of Tribunal on appeal\">Decision of Tribunal on appeal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/#Decisions_on_Appeal\" title=\"Decisions on Appeal\">Decisions on Appeal<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#INTERNATIONAL_PROTECTION_ACT_2015\" title=\"\nINTERNATIONAL PROTECTION ACT 2015\">\nINTERNATIONAL PROTECTION ACT 2015<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Appeal_to_Tribunal-2\" title=\"Appeal to Tribunal\">Appeal to Tribunal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Oral_hearing-2\" title=\"Oral hearing\">Oral hearing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Accelerated_appeal_procedures_in_certain_cases-2\" title=\"Accelerated appeal procedures in certain cases\">Accelerated appeal procedures in certain cases<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Appeal_to_Tribunal_provision_of_information-2\" title=\"Appeal to Tribunal: provision of information\">Appeal to Tribunal: provision of information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Withdrawal_and_deemed_withdrawal_of_appeal_to_Tribunal-2\" title=\"Withdrawal and deemed withdrawal of appeal to Tribunal\">Withdrawal and deemed withdrawal of appeal to Tribunal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/appeal-to-tribunal\/2\/#Decision_of_Tribunal_on_appeal-2\" title=\"Decision of Tribunal on appeal\">Decision of Tribunal on appeal<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Appeal_to_Tribunal\"><\/span>Appeal to Tribunal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An applicant may, in accordance with regulations appeal to the Tribunal against\u2014<\/p>\n<ul>\n<li>a recommendation,\u00a0 that an applicant should not be given a refugee declaration, or<\/li>\n<li>a recommendation, , that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.<\/li>\n<\/ul>\n<p>An appeal shall be brought by notice in writing\u2014<\/p>\n<ul>\n<li>within such period from the date of the sending to the applicant of the notification as may be prescribed,<\/li>\n<li>specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.<\/li>\n<li>On receipt of a notice the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.<\/li>\n<\/ul>\n<p>The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals including the holding of oral hearings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Oral_hearing\"><\/span>Oral hearing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Tribunal shall hold an oral hearing for the purpose of an appeal where\u2014<\/p>\n<ul>\n<li>the applicant has requested this in the notice or<\/li>\n<li>it is of the opinion that it is in the interests of justice to do so.<\/li>\n<\/ul>\n<p>An applicant may withdraw a request re by giving notice, which shall set out the reasons for the withdrawal, to the Tribunal not later than 3 working days before the hearing date. The Tribunal, on receipt of a notice under paragraph (a), shall consider, having regard to the interests of justice, whether to hold an oral hearing.<\/p>\n<p>Except where otherwise provided, an appeal may be determined without an oral hearing. An oral hearing shall be held in private.<\/p>\n<p>The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings. In conducting an oral hearing, the Tribunal shall\u2014<\/p>\n<ul>\n<li>permit the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative,<\/li>\n<li>permit an officer of the Minister or another person nominated by the Minister to be present at and participate in the hearing and, in person or through a legal\u00a0 representative,\u00a0 explain\u00a0 to\u00a0 the\u00a0 Tribunal\u00a0 the recommendation of the international protection officer that is the subject of the appeal,<\/li>\n<li>here necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter,<\/li>\n<li>conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency,<\/li>\n<li>ensure that the oral hearing proceeds with due expedition, and<\/li>\n<li>allow for the examination and cross-examination of the applicant and any witnesses.<\/li>\n<\/ul>\n<p>Where the notice of appeal includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness, determine whether he or she should be directed to attend before the Tribunal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearing_Matters\"><\/span>Hearing Matters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In making a determination the Tribunal shall have regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal.<\/p>\n<p>For the purposes of an oral hearing, the Tribunal may\u2014<\/p>\n<ul>\n<li>direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the Tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,<\/li>\n<li>direct any such person to produce any specified document or thing in his or her possession or control,<\/li>\n<li>give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and<\/li>\n<li>take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.<\/li>\n<\/ul>\n<p>The above shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade directs (which he or she is hereby empowered to do) that the information be withheld in the interest of national security or public policy (\u201cordre public\u201d).<\/p>\n<p>A witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.<\/p>\n<p>Where information 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, the information shall not be produced or further disclosed, other than in accordance with the undertaking, or with the consent of the other state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Accelerated_appeal_procedures_in_certain_cases\"><\/span>Accelerated appeal procedures in certain cases<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the report includes certain findings in relation to the application, including<\/p>\n<ul>\n<li>safe country of origin,<\/li>\n<li>no need for international protection,<\/li>\n<li>failure without reasonable cause to make application at earliest opportunity,<\/li>\n<li>inconsistent contradictory improbable or insufficient representations<\/li>\n<li>submission of irrelevant matters<\/li>\n<\/ul>\n<p>the following modifications shall apply in relation to an appeal\u00a0 by the applicant concerned\u2014<\/p>\n<ul>\n<li>the appeal shall be brought by notice in writing within such period, which may be a shorter period than that otherwise prescribed from the date of the sending to the applicant of the notification under, as may be prescribed,<\/li>\n<li>the Tribunal, unless it considers it is not in the interests of justice to do so, shall make its decision in relation to the appeal without holding an oral hearing, and<\/li>\n<li>the notification shall include a statement informing the applicant concerned of the effect of the modifications referred to.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Appeal_to_Tribunal_provision_of_information\"><\/span>Appeal to Tribunal: provision of information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall, for the purposes of an appeal, furnish the Tribunal with copies of the documents provided to the applicant. The Tribunal may, for the purposes of its functions under the 2015 Act, request the Minister to make such further inquiries and to furnish the Tribunal with such further information as the Tribunal considers necessary within such period as may be specified by the Tribunal.<\/p>\n<p>The Minister shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to the applicant concerned and his or her legal representative (if known).<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Withdrawal_and_deemed_withdrawal_of_appeal_to_Tribunal\"><\/span>Withdrawal and deemed withdrawal of appeal to Tribunal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An applicant may, at any time before the making by the Tribunal of its decision in relation to the appeal, withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal.<\/p>\n<p>Where an applicant fails, without reasonable cause, to attend an oral hearing at that date and time fixed for the hearing then, unless the applicant, not later than 3 working days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.<\/p>\n<p>Where\u2014<\/p>\n<ul>\n<li>in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty to co-operate, or<\/li>\n<li>the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of certain residence requirements,<\/li>\n<\/ul>\n<p>the Tribunal shall send to the applicant or his or her legal representative (if known) written notice of that opinion. The Tribunal, shall also\u2014<\/p>\n<ul>\n<li>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 appeal,<\/li>\n<li>remind the applicant of his or her duty\u00a0 to co-operate and to comply with any requirements that have been or may be imposed and<\/li>\n<li>include a statement of the consequences.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Consequences_of_Withdrawal\"><\/span>Consequences of\u00a0 Withdrawal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The consequences) are that an applicant\u2019s appeal shall be deemed to be withdrawn, and that the below consequences shall apply accordingly, if the applicant\u2014<\/p>\n<ul>\n<li>does not furnish the confirmation referred to or<\/li>\n<li>having furnished such a confirmation, in the opinion of the Tribunal or, as the case may be, in the opinion of the Minister, fails or continues to fail to comply with any of the obligations referred to.<\/li>\n<\/ul>\n<p>Where an appeal is withdrawn or deemed to be withdrawn pursuant to these provisions<\/p>\n<ul>\n<li>any consideration of that appeal by the Tribunal shall be terminated,<\/li>\n<li>the ordinary provisions shall not apply in respect of that appeal,<\/li>\n<li>decision provisions shall apply,<\/li>\n<\/ul>\n<p>The Tribunal, as soon as practicable, shall\u2014<\/p>\n<ul>\n<li>notify the applicant and his or her legal representative (if known) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it,<\/li>\n<li>notify the Minister of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and<\/li>\n<li>inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.<\/li>\n<\/ul>\n<p>The notification shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where\u2014<\/p>\n<ul>\n<li>he or she is not assisted or represented by a legal representative, and<\/li>\n<li>legal assistance is not available to him or her.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Decision_of_Tribunal_on_appeal\"><\/span>Decision of Tribunal on appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Before reaching a decision, the Tribunal shall consider the following:<\/p>\n<ul>\n<li>the notice of appeal;<\/li>\n<li>all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the applicant should be given a refugee declaration or, as the case may be, a subsidiary protection declaration;<\/li>\n<li>the recommendation under appeal;<\/li>\n<li>any observations made to the Tribunal by the Minister or the High Commissioner;<\/li>\n<li>where an oral hearing has been held, the evidence adduced, and any representations made at that hearing;<\/li>\n<li>such other matters as the Tribunal considers relevant to the appeal.<\/li>\n<\/ul>\n<p>In relation to an appeal regarding refusal of a refugee declaration the Tribunal may decide to\u2014<\/p>\n<ul>\n<li>affirm the recommendation that the applicant should not be given a refugee declaration, or<\/li>\n<li>set aside the recommendation that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Decisions_on_Appeal\"><\/span>Decisions on Appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In relation to an appeal against the Tribunal against refusal of a refugee declaration and subsidiary protection may decide to\u2014<\/p>\n<ul>\n<li>affirm the recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration,<\/li>\n<li>set aside the part of the recommendation that recommends that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration, or<\/li>\n<li>affirm the recommendation that the applicant should not be given a refugee declaration and set aside the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration and recommend that the applicant be given a subsidiary protection declaration.<\/li>\n<\/ul>\n<p>decision of the Tribunal and the reasons for it shall be communicated by the Tribunal to the applicant concerned and his or her legal representative (if known), and the Minister.<\/p>\n<p>Most decisions of the Tribunal, adversely affecting the application shall be communicated to the High Commissioner. The Tribunal shall furnish the applicant concerned and his or her legal representative (if known), and the High Commissioner whenever so requested by him or her, with\u2014<\/p>\n<ul>\n<li>copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Minister, copies of which have not been previously furnished to the applicant and his or her legal representative (if known), or as the case may be, the High Commissioner, and<\/li>\n<li>an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>\nINTERNATIONAL PROTECTION ACT 2015<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 31 January 2024<\/p>\n<p>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.<\/p>\n<p>[30 th December, 2015]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nAct applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 15.<\/p>\n<p>Applicant under section 8 of the Refugee Act 1996 or under section 15 of Act of 2015 to whom Article 18(1)(c) applies<\/p>\n<p>12. &#8230;<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>Person to whom Regulation 13(2) or 14(2) applies.<\/p>\n<p>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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(c) for the purposes of section 39(3) of that Act\u2014<\/p>\n<p>(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the person, and<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(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.<\/p>\n<p>C2<br \/>\nReferences construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 18(2), 19(2).<\/p>\n<p>Provisions in relation to international protection officers<\/p>\n<p>18. (1) An international protection officer shall be independent in the performance of his or her functions under these Regulations.<\/p>\n<p>(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.<\/p>\n<p>Provisions in relation to the Tribunal<\/p>\n<p>19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.<\/p>\n<p>(2) A reference in the Act of 2015 to\u2014<\/p>\n<p>(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.<\/p>\n<p>(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<\/p>\n<p>(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.<\/p>\n<p>PART 1<\/p>\n<p>Preliminary<\/p>\n<p>Section 1<br \/>\nShort title and commencement<\/p>\n<p>1. (1) This Act may be cited as the International Protection Act 2015.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower 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).<\/p>\n<p>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.<\/p>\n<p>E2<br \/>\nPower 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).<\/p>\n<p>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:<\/p>\n<p>(a) section 2 (insofar as it is not already in operation);<\/p>\n<p>(b) section 3;<\/p>\n<p>(c) section 15(5) (insofar as it relates to prescribing a form);<\/p>\n<p>(d) section 17(2) (insofar as it relates to prescribing information);<\/p>\n<p>(e) section 20(1) (insofar as it relates to prescribing places of detention);<\/p>\n<p>(f) section 48(7);<\/p>\n<p>(g) section 48(8);<\/p>\n<p>(h) section 49(10);<\/p>\n<p>(i) section 51(5);<\/p>\n<p>(j) section 55(3);<\/p>\n<p>(k) section 55(4);<\/p>\n<p>(l) section 61(2).<\/p>\n<p>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.<\/p>\n<p>E3<br \/>\nPower pursuant to subs. (2) exercised (10.03.2016) by International Protection Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No. 133 of 2016).<\/p>\n<p>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:<\/p>\n<p>(a) section 78;<\/p>\n<p>(b) section 80;<\/p>\n<p>(c) section 81.<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (11.01.2016) by International Protection Act 2015 (Commencement) Order 2016 (S.I. No. 26 of 2016).<\/p>\n<p>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.<\/p>\n<p>(a) section 1;<\/p>\n<p>(b) section 2, insofar as it relates to the repeal referred to in paragraph (c);<\/p>\n<p>(c) section 6(1), insofar as it relates to the repeal of section 7A of the Refugee Act 1996 (No. 17 of 1996).<\/p>\n<p>Section 2<\/p>\n<h4>Interpretation<\/h4>\n<p>2. (1) In this Act\u2014<\/p>\n<p>\u201cAct of 1996\u201d means the Refugee Act 1996;<\/p>\n<p>\u201cAct of 1999\u201d means the Immigration Act 1999;<\/p>\n<p>\u201cAct of 2004\u201d means the Immigration Act 2004;<\/p>\n<p>\u201capplicant\u201d means a person who\u2014<\/p>\n<p>(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<\/p>\n<p>(b) has not ceased, under subsection (2), to be an applicant;<\/p>\n<p>\u201cbiometric information\u201d means information relating to the distinctive physical characteristics of a person including\u2014<\/p>\n<p>(a) measurements or other assessments of those characteristics,<\/p>\n<p>(b) information about those characteristics held in an automated form,<\/p>\n<p>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;<\/p>\n<p>\u201cchairperson\u201d means the chairperson of the Tribunal;<\/p>\n<p>\u201cchief international protection officer\u201d means the person appointed under section 75 to be the chief international protection officer;<\/p>\n<p>\u201ccountry of origin\u201d means the country or countries of nationality or, for stateless persons, of former habitual residence;<\/p>\n<p>\u201ccivil partner\u201d means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u201cdeportation order\u201d shall be construed in accordance with section 51;<\/p>\n<p>\u201cdeputy chairperson\u201d means a deputy chairperson of the Tribunal;<\/p>\n<p>\u201cDNA profile\u201d has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;<\/p>\n<p>\u201cdocument\u201d includes\u2014<\/p>\n<p>(a) any written matter,<\/p>\n<p>(b) any photograph,<\/p>\n<p>(c) any currency notes or counterfeit currency notes,<\/p>\n<p>(d) any information in non-legible form that is capable of being converted into legible form,<\/p>\n<p>(e) any audio or video recording, and<\/p>\n<p>(f) a travel document or an identity document;<\/p>\n<p>\u201cDublin Regulation\u201d means Regulation (EU) No 604\/2013 of the European Parliament and of the Council of 26 June 20134<\/p>\n<p>\u201cDublin System Regulations\u201d means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation;<\/p>\n<p>\u201cestablishment day\u201d shall be construed in accordance with section 61(2);<\/p>\n<p>\u201cEuropean Asylum Support Office\u201d 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;<\/p>\n<p>\u201cGeneva Convention\u201d 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);<\/p>\n<p>\u201cHigh Commissioner\u201d means the United Nations High Commissioner for Refugees;<\/p>\n<p>\u201cidentity document\u201d 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\u2019s 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;<\/p>\n<p>\u201cimmigration officer\u201d has the meaning it has in section 3 of the Act of 2004;<\/p>\n<p>\u201cinformation\u201d includes\u2014<\/p>\n<p>(a) information in the form of a document (or any other thing) or in any other form, and<\/p>\n<p>(b) personal information, including biometric information;<\/p>\n<p>\u201cinternational protection\u201d means status in the State either\u2014<\/p>\n<p>(a) as a refugee, on the basis of a refugee declaration, or<\/p>\n<p>(b) as a person eligible for subsidiary protection, on the basis of a subsidiary protection declaration;<\/p>\n<p>\u201cinternational protection officer\u201d means a person who is authorised under section 74 to perform the functions conferred on an international protection officer by or under this Act;<\/p>\n<p>\u201clegal assistance\u201d means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995;<\/p>\n<p>\u201clegal representative\u201d means a practising solicitor or a practising barrister;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Equality;<\/p>\n<p>\u201cpersecution\u201d shall be construed in accordance with section 7;<\/p>\n<p>\u201cperson eligible for subsidiary protection\u201d means a person\u2014<\/p>\n<p>(a) who is not a national of a Member State of the European Union,<\/p>\n<p>(b) who does not qualify as a refugee,<\/p>\n<p>(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<\/p>\n<p>(d) who is not excluded under section 12 from being eligible for subsidiary protection;<\/p>\n<p>\u201cpersonal interview\u201d means an interview held under section 35(1);<\/p>\n<p>\u201cpreliminary interview\u201d means an interview held under section 13(1);<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister;<\/p>\n<p>\u201cprotection\u201d (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with section 31;<\/p>\n<p>\u201cqualified person\u201d means a person who is either\u2014<\/p>\n<p>(a) a refugee and in relation to whom a refugee declaration is in force, or<\/p>\n<p>(b) a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force;<\/p>\n<p>\u201crefugee\u201d 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;<\/p>\n<p>\u201crefugee declaration\u201d means a statement, made in writing by the Minister, declaring that the person to whom it relates is a refugee;<\/p>\n<p>\u201cregistered medical practitioner\u201d means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;<\/p>\n<p>\u201cRegistrar\u201d means the Registrar of the Tribunal appointed under section 66;<\/p>\n<p>\u201cRegulations of 2006\u201d means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);<\/p>\n<p>\u201cRegulations of 2013\u201d means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);<\/p>\n<p>F1[&#8220;return order&#8221; has the meaning assigned to it by section 51A;]<\/p>\n<p>\u201csafe country of origin\u201d means a country that has been designated under section 72 as a safe country of origin;<\/p>\n<p>F1[&#8220;safe third country&#8221; means a country that has been designated under section 72A as a safe third country;]<\/p>\n<p>\u201cserious harm\u201d means\u2014<\/p>\n<p>(a) death penalty or execution,<\/p>\n<p>(b) torture or inhuman or degrading treatment or punishment of a person in his or her country of origin, or<\/p>\n<p>(c) serious and individual threat to a civilian\u2019s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict;<\/p>\n<p>\u201cserious non-political crime\u201d includes particularly cruel actions, even if committed with an allegedly political objective;<\/p>\n<p>\u201cstatute\u201d means\u2014<\/p>\n<p>(a) an Act of the Oireachtas, or<\/p>\n<p>(b) a statute that was in force in Saorst\u00e1t \u00c9ireann 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;<\/p>\n<p>\u201cstatutory instrument\u201d means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute;<\/p>\n<p>\u201csocial welfare benefits\u201d includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2015 ;<\/p>\n<p>\u201csubsidiary protection declaration\u201d means a statement, made in writing by the Minister, declaring that the person to whom it relates is a person eligible for subsidiary protection;<\/p>\n<p>\u201cTribunal\u201d means the International Protection Appeals Tribunal established by section 61.<\/p>\n<p>(2) A person shall cease to be an applicant on the date on which\u2014<\/p>\n<p>(a) subject to subsection (3), the Minister refuses\u2014<\/p>\n<p>(i) under subsection (2) or (3) of section 47 to give the person a refugee declaration, or<\/p>\n<p>(ii) under section 47(5) both to give a refugee declaration and to give a subsidiary protection declaration to the person,<\/p>\n<p>(b) subject to subsection (3), he or she is first given, under section 54(1), a permission to reside in the State, or<\/p>\n<p>(c) he or she is transferred from the State in accordance with the Dublin Regulation.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a recommendation referred to in section 39(3)(b) is made in respect of an applicant, and<\/p>\n<p>(b) the applicant appeals under section 41(1)(a) against the recommendation,<\/p>\n<p>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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (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.<\/p>\n<p>4 O.J. No. L180, 29.06.2013, p.31 or any Regulation amending or replacing that Regulation;<\/p>\n<p>5 O.J. No. L132, 29.05.2010, p.11<\/p>\n<p>Section 3<\/p>\n<h4>Regulations<\/h4>\n<p>3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.<\/p>\n<p>(2) Different regulations may be made under this section in respect of different classes of matter the subject of the prescribing concerned.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower 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).<\/p>\n<p>E6<br \/>\nPower 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).<\/p>\n<p>E7<br \/>\nPower 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).<\/p>\n<p>E8<br \/>\nPower 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).<\/p>\n<p>E9<br \/>\nPower 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).<\/p>\n<p>E10<br \/>\nPower 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).<\/p>\n<p>E11<br \/>\nPower 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).<\/p>\n<p>E12<br \/>\nPower 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).<\/p>\n<p>E13<br \/>\nPower 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).<\/p>\n<p>E14<br \/>\nPower 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).<\/p>\n<p>E15<br \/>\nPower 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).<\/p>\n<p>Section 4<br \/>\nExpenses<\/p>\n<p>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.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART 6<\/p>\n<p>Appeals to Tribunal<\/p>\n<p>Section 41<\/p>\n<h4>Appeal to Tribunal<\/h4>\n<p>41. (1) An applicant may, in accordance with regulations under subsection (4) (if any), appeal to the Tribunal against\u2014<\/p>\n<p>(a) a recommendation, referred to in section 39(3)(b), that an applicant should not be given a refugee declaration, or<\/p>\n<p>(b) a recommendation, referred to in section 39(3)(c), that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.<\/p>\n<p>(2) An appeal under subsection (1) shall be brought by notice in writing\u2014<\/p>\n<p>(a) within such period from the date of the sending to the applicant of the notification under section 40 as may be prescribed under section 77,<\/p>\n<p>(b) specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.<\/p>\n<p>(3) On receipt of a notice under subsection (2), the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.<\/p>\n<p>(4) The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals under subsection (1), including the holding of oral hearings.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C9<br \/>\nSection applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 16(5).<\/p>\n<p>Applicant for subsidiary protection under Regulations of 2006 to whom Article 18(1)(d) applies<\/p>\n<p>16. &#8230;<\/p>\n<p>(5) An appeal under paragraph (2) made in accordance with paragraph (4) shall be deemed to be an appeal under section 41(1)(b) of the Act of 2015, and the provisions of that Act shall apply to the appeal, with the following modifications and any other necessary modifications\u2014<\/p>\n<p>(a) the determination of the Minister, referred to in paragraph (1)(b), shall be deemed to be a recommendation, referred to in section 39(3)(c) of that Act, of an international protection officer that the person should be given neither a refugee declaration nor a subsidiary protection declaration,<\/p>\n<p>(b) the appeal shall be deemed to have been made only in respect of the part of the recommendation referred to in paragraph (a) that recommends that the person should not be given a subsidiary protection declaration, and<\/p>\n<p>(c) a reference in that Act to a notice of appeal under section 41(2) shall be deemed to be a reference to the person\u2019s notice of appeal under paragraph (4)(b).<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E22<br \/>\nPower pursuant to subs. (4) 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).<\/p>\n<p>E23<br \/>\nPower pursuant to subs. (4) exercised (29.03.2017) by International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116 of 2017).<\/p>\n<p>Section 42<\/p>\n<h4>Oral hearing<\/h4>\n<p>42. (1) The Tribunal shall hold an oral hearing for the purpose of an appeal under section 41 where\u2014<\/p>\n<p>(a) subject to subsection (2), the applicant has requested this in the notice under section 41(2), or<\/p>\n<p>(b) it is of the opinion that it is in the interests of justice to do so.<\/p>\n<p>(2) (a) An applicant may withdraw a request referred to in subsection (1)(a) by giving notice, which shall set out the reasons for the withdrawal, to the Tribunal not later than 3 working days before the hearing date.<\/p>\n<p>(b) The Tribunal, on receipt of a notice under paragraph (a), shall consider, having regard to the interests of justice, whether to hold an oral hearing.<\/p>\n<p>(3) Except where otherwise provided, an appeal may be determined without an oral hearing.<\/p>\n<p>(4) Subject to subsections (5) and (6), an oral hearing shall be held in private.<\/p>\n<p>(5) The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings.<\/p>\n<p>(6) In conducting an oral hearing, the Tribunal shall\u2014<\/p>\n<p>(a) permit the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative,<\/p>\n<p>(b) permit an officer of the Minister or another person nominated by the Minister to be present at and participate in the hearing and, in person or through a legal representative, explain to the Tribunal the recommendation of the international protection officer that is the subject of the appeal,<\/p>\n<p>(c) where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter,<\/p>\n<p>(d) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency,<\/p>\n<p>(e) ensure that the oral hearing proceeds with due expedition, and<\/p>\n<p>(f) allow for the examination and cross-examination of the applicant and any witnesses.<\/p>\n<p>(7) (a) Where the notice of appeal under section 41 includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness, determine whether he or she should be directed to attend before the Tribunal in accordance with subsection (8).<\/p>\n<p>(b) In making a determination under paragraph (a), the Tribunal shall have regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal.<\/p>\n<p>(8) For the purposes of an oral hearing, the Tribunal may\u2014<\/p>\n<p>(a) direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the Tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,<\/p>\n<p>(b) direct any such person to produce any specified document or thing in his or her possession or control,<\/p>\n<p>(c) give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and<\/p>\n<p>(d) take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.<\/p>\n<p>(9) Paragraphs (a) and (b) of subsection (8) and section 44(2) shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade directs (which he or she is hereby empowered to do) that the information be withheld in the interest of national security or public policy (\u201cordre public\u201d).<\/p>\n<p>(10) Subject to subsection (11), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.<\/p>\n<p>(11) Where information 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, the information shall not be produced or further disclosed, other than in accordance with the undertaking, or with the consent of the other state.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nHearings under section designated for remote hearing (31.12.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (International Protection Appeals Tribunal) (Designation) Order 2020 (S.I. No. 715 of 2020), in effect as per art. 1(2).<\/p>\n<p>Section 43<\/p>\n<h4>Accelerated appeal procedures in certain cases<\/h4>\n<p>43. Where the report under section 39 includes any of the findings referred to in section 39(4), the following modifications shall apply in relation to an appeal under section 41 by the applicant concerned\u2014<\/p>\n<p>(a) the appeal shall be brought by notice in writing within such period, which may be a shorter period than that prescribed for the purposes of section 41(2)(a), from the date of the sending to the applicant of the notification under section 40, as may be prescribed under section 77,<\/p>\n<p>(b) notwithstanding the provisions of section 42, the Tribunal, unless it considers it is not in the interests of justice to do so, shall make its decision in relation to the appeal without holding an oral hearing, and<\/p>\n<p>(c) the notification referred to in section 40(1) shall include a statement informing the applicant concerned of the effect of the modifications referred to in paragraph (a) and (b).<\/p>\n<p>Section 44<\/p>\n<h4>Appeal to Tribunal: provision of information<\/h4>\n<p>44. (1) The Minister shall, for the purposes of an appeal under section 41, furnish the Tribunal with copies of the documents provided to the applicant under section 40.<\/p>\n<p>(2) The Tribunal may, for the purposes of its functions under this Act, request the Minister to make such further inquiries and to furnish the Tribunal with such further information as the Tribunal considers necessary within such period as may be specified by the Tribunal.<\/p>\n<p>(3) The Minister shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to the applicant concerned and his or her legal representative (if known).<\/p>\n<p>Section 45<\/p>\n<h4>Withdrawal and deemed withdrawal of appeal to Tribunal<\/h4>\n<p>45. (1) An applicant may, at any time before the making by the Tribunal of its decision under section 46 in relation to the appeal, withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal.<\/p>\n<p>(2) Where an applicant fails, without reasonable cause, to attend an oral hearing at that date and time fixed for the hearing then, unless the applicant, not later than 3 working days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty under section 27 to co-operate, or<\/p>\n<p>(b) the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (c) or (d) of section 16(3),<\/p>\n<p>the Tribunal shall send to the applicant or his or her legal representative (if known) written notice of that opinion.<\/p>\n<p>(4) The Tribunal, in the notice under subsection (3), shall also\u2014<\/p>\n<p>(a) 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 appeal,<\/p>\n<p>(b) remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under paragraph (a), (c) or (d) of section 16(3), and<\/p>\n<p>(c) include a statement of the consequences specified in subsection (5).<\/p>\n<p>(5) The consequences referred to in subsection (4)(c) are that an applicant\u2019s appeal shall be deemed to be withdrawn, and that subsection (6) shall apply accordingly, if the applicant\u2014<\/p>\n<p>(a) does not furnish the confirmation referred to in subsection (4)(a), or<\/p>\n<p>(b) having furnished such a confirmation, in the opinion of the Tribunal or, as the case may be, in the opinion of the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection (4)(b).<\/p>\n<p>(6) Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section\u2014<\/p>\n<p>(a) any consideration of that appeal by the Tribunal shall be terminated,<\/p>\n<p>(b) section 46 shall not apply in respect of that appeal,<\/p>\n<p>(c) subsection (2)(b) or, as the case may be, (5)(c) of section 47 shall apply,<\/p>\n<p>(d) the Tribunal, as soon as practicable, shall\u2014<\/p>\n<p>(i) notify the applicant and his or her legal representative (if known) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it,<\/p>\n<p>(ii) notify the Minister of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and<\/p>\n<p>(iii) inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.<\/p>\n<p>(7) The notification under subsection (6)(d)(i) shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where\u2014<\/p>\n<p>(a) he or she is not assisted or represented by a legal representative, and<\/p>\n<p>(b) legal assistance is not available to him or her.<\/p>\n<p>Section 46<\/p>\n<h4>Decision of Tribunal on appeal<\/h4>\n<p>46. (1) Before reaching a decision under subsection (2) or (3), the Tribunal shall consider the following:<\/p>\n<p>(a) the notice of appeal;<\/p>\n<p>(b) all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the applicant should be given a refugee declaration or, as the case may be, a subsidiary protection declaration;<\/p>\n<p>(c) the recommendation under appeal;<\/p>\n<p>(d) any observations made to the Tribunal by the Minister or the High Commissioner;<\/p>\n<p>(e) where an oral hearing has been held, the evidence adduced and any representations made at that hearing;<\/p>\n<p>(f) such other matters as the Tribunal considers relevant to the appeal.<\/p>\n<p>(2) In relation to an appeal under section 41(1)(a) the Tribunal may decide to\u2014<\/p>\n<p>(a) affirm the recommendation that the applicant should not be given a refugee declaration, or<\/p>\n<p>(b) set aside the recommendation that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration.<\/p>\n<p>(3) In relation to an appeal under section 41(1)(b) the Tribunal may decide to\u2014<\/p>\n<p>(a) affirm the recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration,<\/p>\n<p>(b) set aside the part of the recommendation that recommends that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration, or<\/p>\n<p>(c) affirm the recommendation that the applicant should not be given a refugee declaration and set aside the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration and recommend that the applicant be given a subsidiary protection declaration.<\/p>\n<p>(4) In relation to an appeal under section 41(1)(a), the Tribunal shall decide to make the affirmation referred to in subsection (2)(a), unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee.<\/p>\n<p>(5) In relation to an appeal under section 41(1)(b), the Tribunal shall decide to make the affirmation referred to in subsection (3)(a) unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee or, as the case may be, a person eligible for subsidiary protection.<\/p>\n<p>(6) A decision of the Tribunal under subsection (2) or (3) and the reasons for it shall be communicated by the Tribunal to the applicant concerned and his or her legal representative (if known), and the Minister.<\/p>\n<p>(7) A decision of the Tribunal under subsection (2) or (3) (other than a decision under subsection (3)(c)) shall be communicated to the High Commissioner.<\/p>\n<p>(8) The Tribunal shall furnish the applicant concerned and his or her legal representative (if known), and the High Commissioner whenever so requested by him or her, with\u2014<\/p>\n<p>(a) copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Minister, copies of which have not been previously furnished to the applicant and his or her legal representative (if known), or as the case may be, the High Commissioner, and<\/p>\n<p>(b) an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22400\" data-postid=\"22400\" class=\"themify_builder_content themify_builder_content-22400 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Appeal to Tribunal An applicant may, in accordance with regulations appeal to the Tribunal against\u2014 a recommendation,\u00a0 that an applicant should not be given a refugee declaration, or a recommendation, , that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration. An appeal shall be brought by notice in writing\u2014 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[342],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22400"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22400"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22400\/revisions"}],"predecessor-version":[{"id":35420,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22400\/revisions\/35420"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}