European Union (Dublin System) Regulations 2018

• Jurisdiction: Ireland
• Citation: IR SI 62/2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th March, 2018.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Regulation (EU) No 604/20131 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Dublin System) Regulations 2018.

Interpretation

2. (1) In these Regulations:

“Act of 1996” means the Refugee Act 1996 (No. 17 of 1996);

“Act of 2015” means the International Protection Act 2015 (No. 66 of 2015);

“Agency” means the Child and Family Agency;

“chairperson” has the meaning it has in section 2 of the Act of 2015;

“chief international protection officer” has the meaning it has in section 2 of the Act of 2015;

‘contract for services’ means a contract for services entered into by the Minister with a person for the provision by the person of assistance to international protection officers in the performance by them of their functions under the Act of 2015, the Regulations of 2014 or any Regulations giving effect to the EU Regulation or to any Regulation amending or replacing the EU Regulation;

“EU Regulation” means Regulation (EU) No 604/20131 ;

“immigration officer” has the meaning it has in section 3 of the Immigration Act 2004 ;

“international protection” has the meaning it has in section 2 of the Act of 2015;

“international protection officer” has the meaning it has in section 2 of the Act of 2015;

“legal representative” has the meaning it has in section 2 of the Act of 2015;

“Member State” means a Member State of the European Union or a state that participates in the EU Regulation by virtue of an agreement with the European Union;

“Minister” means Minister for Justice and Equality;

“person subject to the transfer procedure” means a person who may, under Regulation 10(1), be transferred in accordance with that Regulation;

“person who has entered into a contract for services” means a person who has entered into a contract for services with the Minister;

“port” has the meaning it has in section 1 of the Immigration Act 2004 ;

“Regulations of 2006” means the European Communities (Eligibility for Protection) Regulations 2006 ( S.I. No. 518 of 2006 );

“Regulations of 2013” means the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 );

“Regulations of 2014” means the European Union (Dublin System) Regulations 2014 ( S.I. No. 525 of 2014 );

“Regulations of 2016” means the European Union (Dublin System) (Amendment) Regulations 2016 ( S.I. No. 140 of 2016 );

“subsidiary protection application” means—

(a) an application for subsidiary protection made in accordance with Regulation 4(1)(a) of the Regulations of 2006, or

(b) an application for a subsidiary protection declaration made or deemed to have been made under the Regulations of 2013;

“transfer decision” means a decision made by an international protection officer to transfer, in accordance with the EU Regulation—

(a) an applicant, or

(b) a person, being a person other than an applicant, referred to in Article 18(1)(c) or (d) of the EU Regulation,

where the State is the requesting Member State and the requested Member State has accepted to take charge of or to take back that applicant or person;

“Tribunal” means the International Protection Appeals Tribunal.

(2) A word or expression that is used in these Regulations and is also used in the EU Regulation shall have in these Regulations the same meaning as it has in the EU Regulation unless the contrary intention appears.

(3) A reference in these Regulations to a numbered Article is a reference to the Article so numbered of the EU Regulation.

Performance of functions under the EU Regulation

3. (1) The following functions under the EU Regulation shall be performed by an international protection officer save as otherwise provided in these Regulations:

(a) the functions of a determining Member State;

(b) the functions of a requesting Member State;

(c) the functions of a requested Member State;

(d) the communication and requesting of personal data and information under Article 34.

(2) The functions of a transferring Member State under the EU Regulation shall be performed by the Minister.

(3)(a) The functions of a Member State under Article 6 shall be performed by an international protection officer.

(b) In performing the functions referred to in paragraph (a), an international protection officer shall consult as necessary with the Agency in relation to the performance by him or her of his or her functions under—

(i) subparagraphs (b) and (d) of paragraph 3 of Article 6, and

(ii) such other provisions of Article 6 as the international protection officer considers necessary.

Personal interview

4. (1) An international protection officer shall, where necessary for the purpose of performing his or her functions referred to in Regulation 3(1)(a), and subject to Article 5(2), conduct a personal interview with the applicant concerned in accordance with the provisions of Article 5.

(2) The personal interview under paragraph (1) shall be conducted at such time and place as the international protection officer may fix.

(3) The chief international protection officer may delegate to a person who has entered into a contract for services the functions of an international protection officer under paragraph (1).

Notification of transfer decision

5. (1) Where an international protection officer makes a transfer decision, he or she shall send the applicant concerned and the applicant’s legal representative (if known) a notification under paragraph (2).

(2) A notification under this paragraph shall be in the form specified in Schedule 1 or a form to the like effect and shall inform the applicant—

(a) of the making of the transfer decision,

(b) where applicable, that his or her application for international protection under section 15 of the Act of 2015 will not be examined, and

(c) of the following:

(i) his or her entitlement under Regulation 6 to appeal against the transfer decision;

(ii) the manner in which such an appeal may be made;

(iii) the effect under Regulation 8 of such an appeal.

(3) The international protection officer shall send a copy of the transfer decision to the Minister.

(4) In this Regulation and Regulations 6 to 10, “applicant” includes a person, being a person other than an applicant, referred to in Article 18(1)(c) or (d).

Appeal against a transfer decision

6. (1) An applicant may, in accordance with this Regulation, appeal to the Tribunal, in fact and in law, against a transfer decision.

(2) An appeal under this Regulation shall be made by notice in writing, in the form specified in Schedule 2 or a form to the like effect, and—

(a) shall be made—

(i) within 10 working days of the sending to the applicant of the notification under Regulation 5(2), or

(ii) where the Tribunal has granted the applicant a permission under Regulation 7(4)(a), within the period specified by the Tribunal under that subparagraph,

and

(b) shall specify the grounds of appeal and indicate whether the applicant wishes the Tribunal to—

(i) hold an oral hearing for the purpose of the appeal, and

(ii) if so, direct the attendance of a witness before the Tribunal.

(3) Where an appeal is made in accordance with paragraph (2), the Tribunal, on receipt of the notice of appeal, shall—

(a) transmit a copy of the notice to the chief international protection officer, and

(b) notify the Minister of the making of the appeal.

(4) The chief international protection officer shall, following receipt under paragraph (3) of the copy of the notice of appeal, cause the Tribunal to be provided with originals of any documents, reports, or representations in writing submitted to an international protection officer in relation to the transfer decision and shall cause the Tribunal to be provided with an indication of the nature and source of any other information relating to the transfer decision that has come to the notice of the international protection officer in the course of the making of the transfer decision.

(5) The Tribunal may direct the chief international protection officer to cause such inquiries to be made with another Member State, and to cause the Tribunal to be furnished with such further information, as it considers necessary or expedient for the purpose of deciding an appeal under this Regulation.

(6) Subject to paragraph (7), an appeal may be determined without an oral hearing.

(7) The Tribunal shall hold an oral hearing for the purpose of an appeal under this Regulation where—

(a) the applicant has requested this in the notice under paragraph (2), or

(b) it is of the opinion that it is in the interests of justice to do so.

(8) In conducting an oral hearing, the Tribunal shall—

(a) enable the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative, and

(b) enable the chief international protection officer to be present at the hearing and present his or her case to the Tribunal in person or through an international protection officer, a person who has entered into a contract for services or other person.

(9) In relation to an appeal under this Regulation, the Tribunal may decide to—

(a) affirm the transfer decision, or

(b) set aside the transfer decision.

(10) The Tribunal’s decision under paragraph (9) shall be in writing and the Tribunal shall send a copy of the decision, which shall include the reasons for the decision, to the applicant and his or her legal representative (if known), the chief international protection officer and the Minister.

Applicant may request permission to make late appeal

7. (1) An...