European Union (Dublin System) Regulations 2014

JurisdictionIreland
CitationIR SI 525/2014

S.I. No. 525 of 2014

“Iris Oifigiúil” of 28th November, 2014.

I, FRANCES FITZGERALD, 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 2014.

Interpretation

2. (1) In these Regulations:

“Act of 1996” means the Refugee Act 1996 ;

“Agency” means the Child and Family Agency;

“Commissioner” has the meaning it has in section 1 of the Act of 1996;

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

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

“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;

“Order of 2003” means the Refugee Act 1996 (Section 22) Order 2003 ( S.I. No. 423 of 2003 );

“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 );

“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 the Commissioner to transfer, in accordance with the EU Regulation—

(a) an applicant, or

(b) 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;

“transferrable applicant” means a person who may, under Regulation 8(1), be transferred in accordance with Regulation 8;

“Tribunal” means the Refugee 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.

Performance of functions under the EU Regulation

3. (1) The following functions under the EU Regulation shall be performed by the Commissioner:

(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) The Commissioner shall perform the functions of a Member State under Article 6 of the EU Regulation and, in doing so, shall consult as necessary with the Agency in relation to his or her functions under—

(a) subparagraphs (b) and (d) of paragraph 3 of that Article, and

(b) such other provisions of that Article as the Commissioner considers necessary.

Personal interview

4. (1) Where the Commissioner is performing the functions of a determining Member State, he or she shall, subject to paragraph (2) of that Article, conduct a personal interview with the applicant concerned in accordance with the provisions of Article 5 of the EU Regulation.

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

Notification of a transfer decision

5. (1) Where the Commissioner 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 a declaration under section 8 of the Act of 1996 or, as the case may be, subsidiary protection application will not be examined,

and

(c) of the following:

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

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

(iii) the effect under Regulation 7 of such an appeal.

(3) The Commissioner shall send a copy of the transfer decision to the Minister.

(4) In this Regulation and Regulations 6 to 8, “applicant” includes a person, other than an applicant, referred to in Article 18(1)(c) or (d) of the EU Regulation.

Appeal against a transfer decision

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

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

(a) be made within 15 working days of the sending to the applicant of the notification under Regulation 5(2), and

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

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

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

(3) Subject to paragraph (4), an appeal may be determined without an oral hearing.

(4) 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.

(5) On receipt of a notice of appeal the Tribunal shall transmit a copy of the notice to the Commissioner and notify the Minister of the making of the appeal.

(6) The Commissioner shall, following receipt under paragraph (5) of the copy of the notice of appeal, provide the Tribunal with copies of any documents, reports, or representations in writing submitted to him or her in relation to the transfer decision and shall provide an indication of the nature and source of any other information relating to the transfer decision that has come to the notice of the Commissioner in the course of the making of the transfer decision.

(7) The Tribunal may direct the Commissioner to make such inquiries from another Member State and to furnish the Tribunal with such further information as it considers necessary or expedient for the purpose of deciding an appeal under this Regulation.

(8) In conducting an oral hearing, the Tribunal shall enable the Commissioner to be present at the hearing and present his or her case to the Tribunal in person or through a member of his or her staff or other person.

(9) The Tribunal shall make a decision in writing in relation to the appeal, either affirming or setting aside the transfer decision, and shall send a copy of its decision, including the reasons for the decision, to the applicant and his or her legal representative (if known), the Commissioner and the Minister.

Right to remain in the State

7. (1) An applicant who appeals under Regulation 6 shall, subject to paragraph (2), be entitled to remain in the State pending the outcome of the appeal.

(2) The following provisions of the Act of 1996 shall apply to the entitlement of the applicant under paragraph (1) to remain in the State, as if the references to an applicant in those provisions was a reference to an applicant referred to in paragraph (1):

(a) subsections (4), (4A)(a), (5), (6) and (7) of section 9;

(b) section 9A.

Transfer of an applicant to the Member State responsible

8. (1) Where Regulation 5 applies, the applicant concerned may be transferred in accordance with this Regulation where he or she—

(a) informs the Commissioner that he or she does not wish to exercise his or her right under Regulation 6 to appeal against the transfer decision,

(b) does not appeal under Regulation 6 within the period specified in that Regulation,

or

(c) appeals under Regulation 6 and the outcome of the appeal is that the Tribunal affirms the transfer decision.

(2) An immigration officer or a member of the Garda Síochána may, for the purpose of facilitating the transfer of the transferrable applicant, by notice in writing require a transferrable applicant to comply with one or more than one of the following conditions:

(a) that he or she present himself or herself to such immigration officer or member of the Garda Síochána at such date, time and place as may be specified in the notice;

(b) where, and only for so long as, it is reasonably necessary to facilitate his or her transfer, that he or she surrender his or her passport and any other travel document that he or she holds;

(c) that he or she co-operate in any way necessary to enable an immigration officer or a member of the Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such transfer;

(d) that he or she reside or remain in a particular place in the State pending his or her transfer.

(3) A transferrable applicant shall comply with a requirement under paragraph (2).

(4) An immigration officer or a member of the Garda Síochána may, for the purpose of facilitating the transfer of a transferrable applicant, without warrant arrest and detain the transferrable applicant where that officer or member considers that there is a significant risk of the transferrable applicant absconding, and a transferrable applicant detained in accordance with this paragraph shall be in lawful custody.

(5) The matters to which an officer or member referred to in paragraph (4) may have regard, in considering for the purposes of that paragraph whether there is a significant risk of a transferrable applicant absconding, include...

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