Dublin Convention (Implementation) Order, 1997

• Jurisdiction: Ireland
• Year: 1997
• Citation: IR SI 360/1997

S.I. No. 360 of 1997.

DUBLIN CONVENTION (IMPLEMENTATION) ORDER, 1997

I, John O'Donoghue. T.D. Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 22 of the Refugee Act, 1996 (No. 17 of 1996), hereby order as follows: 1. (1) This Order may be cited as the Dublin Convention (Implementation) Order. 1997.

(2) This Order shall come into operation on the 1st day of September, 1997. 2. (1) In this Order, unless the context otherwise requires—

"the Act" means the Refugee Act, 1996 (No. 17 of 1996);

"appeals officer" means a person appointed by the Minister under section 22(4)(b) of the Act:,.

"applicant" means a person (other than a national of a Member State of the European Communities) who has made an application;

"application" means an application for asylum (within the meaning of section 22(10) of the Act):

"appointed officer" means an officer appointed by the Minister under section 22(4)(a) of the Act:

"residence permit" means any authorisation issued by the State or a convention country permitting a person who is not a national of a Member State of the European Communities to stay in its territory, but does not include—

( a ) a temporary residence certificate given to a person pursuant to section 9(3) of the Act. or

( b ) any similar authorisation given to a person by a convention country permitting the person to reside in that country until the final determination of his or her application for asylum.

(2) In this Order—

( a ) a reference to an Article is a reference to an Article to this Order unless it is indicated that reference is some other Order is intended.

( b ) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. 3. (1) Where an application is made in the State or at the frontiers of the State it shall be forwarded to the appointed officer who shall determine whether the application—

( a ) should in accordance with the provisions of Article 3(7) of the Dublin Convention be transferred to a convention country for examination,

( b ) should in accordance with the provisions of Article 10(1)(d ) of the Dublin Convention be transferred to a convention country for examination,

( c ) should in accordance with the criteria set out in Articles 4 to 8 of the Dublin Convention be transferred to a convention country for examination, or

( d ) should, in accordance with the criteria aforesaid or otherwise, be examined in the State.

(2) Where the appointed officer determines that the application should be examined in the State as aforesaid, he or she shall, as soon as may be, cause notice in writing of the determination to be given to the applicant concerned.

(3) Subject to paragraph (4), where the appointed officer proposes to determine whether the application should be transferred to a convention country for examination, he or she shall, before making the determination, cause notice in writing of the proposal to be given to the applicant concerned (where possible in a language that the person understands) and the notice shall specify—

( a ) that the applicant may be interviewed in relation to the proposal, and

( b ) that the applicant may make representations in writing to the appointed officer in relation to any matter relevant to the proposal aforesaid.

(4) Paragraph (3) shall not apply in relation to an application if, within 5 working days from the date the receipt of the application by the appointed officer, he or she determines that the application should be examined in the State.

(5) An applicant who has been notified of a proposal under paragraph (3) may, not more than 5 working days from the date of sending of the notice, make representations in writing to the appointed officer and the appointed officer shall, before deciding the matter, take into consideration any representations duly made by or on behalf of the applicant under this paragraph in relation to the proposal.

(6) For the purposes of this Order, a person who travels by sea or air from outside the State and lands in the State shall be deemed to arrive at the frontiers of the State. 4. (1) The appointed officer may make or cause to be made such inquiries and, by notice in writing, request such information in relation to matters specified in the notice as is necessary or expedient for the purpose of making a determination under Article 3 in respect of an application.

(2) ( a ) The appointed officer may, for the purpose of making a determination under Article 3, interview or cause to be interviewed the applicant concerned.

( b ) An interview under subparagraph (a) shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the appointed officer and a copy thereof shall be furnished to the applicant on request therefor.

(3) Without prejudice to Article 3(5), the applicant concerned or any other person concerned may. not more than 5 working days from the date of the holding of an interview under this Article, make representations in writing to the appointed officer in relation to any matter relevant to the making of a determination by him or her under the said Article 3 and the appointed officer shall take into consideration any representations duly made.

(4) ( a ) Where, following the making of an inquiry or a request under paragraph (1). a convention country communicates information to the appointed officer such information may only be used for the purpose of—

(i) making a determination under Article 3 or a decision under Article 5,

(ii) examining an application, the subject of the request for information, or

(iii) implementing any obligation arising under the Dublin Convention.

( b ) Subject to subparagraph (c) information obtained under subparagraph (a) may be communicated by the appointed officer only to the appeals officer or any person, including a tribunal or court in the State. entrusted with -

(i) determining whether the application concerned should be examined in the State or be transferred to a convention country for examination,

(ii) examining the application concerned, or

(iii) implementing any obligation arising under the Dublin Convention.

( c ) An applicant shall, on request therefor, be supplied with a copy of any information communicated to the appointed officer under subparagraph (a) relating to his or her application.

( d ) The appointed officer shall keep a record of any information communicated to him or her under subparagraph (a) in relation to an applicant until the expiration of 12 months from the date of such communication or until the Final determination of the application concerned, whichever is the later and, as soon as may be thereafter, the appointed officer shall cause such record to be destroyed.

(5) ( a ) Where information recorded pursuant to paragraph (4)(d ) is incomplete, inaccurate or misleading or should not have been disclosed by a convention country, the appointed officer shall, on request to him or her in that behalf, in writing, by the applicant to whom the information relates, amend the information so recorded—

(i) by altering it so as to render the information complete or correct or not misleading, as may be appropriate,

(ii) by adding to the information so recorded a statement specifying the respects in which the appointed officer is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate, or

(iii) by deleting the information so recorded.

( b ) A request under subparagraph (a) shall, in so far as is practicable, specify the amendment or deletion required and include appropriate information in support of the request.

( c ) Where a request is made under subparagraph (a )—

(i) the appointed officer shall accede to the request if he or she is satisfied that the information concerned falls within the said subparagraph (a), and

(ii) as soon as may be, but not later than 2 weeks after the receipt by the appointed officer of the request, the appointed officer shall decide whether to accede to or refuse to accede to the request and shall cause notice in writing of his or her decision to be given to the applicant concerned.

( d ) Where information recorded pursuant to paragraph (2)(d ) is amended pursuant to paragraph (3), the appointed officer shall cause notice in writing of the amendment to be given to the convention country concerned as soon as may be after the date on which the amendment was effected. 5. (1) If, before the making of a determination under Article 3 in relation to an application, the applicant concerned—

( a ) leaves the State,

( b ) withdraws his or her application.

( c ) enters a convention country, and

( d ) lodges an application in that country,

then. if the State receives a request from the convention country to re-admit the applicant to the State, the appointed officer shall reply to the request within 8 days of such receipt and. if he or she accedes to the request, shall readmit the applicant to the State as soon as may be. but not later than one month from the date of the receipt of the request: and his or her...