International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 116/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2017.

I, FRANCES FITZGERALD, Minister for Justice and Equality in exercise of the powers conferred on me by sections 3 , 41 (4) and 77 of the International Protection Act 2015 (No. 66 of 2015) having regard to the need to observe fair procedures and the need to ensure the efficient conduct of the business of the International Protection Appeals Tribunal and having consulted the chairperson of that Tribunal, hereby make the following regulations:

Citation

1. These Regulations may be cited as the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.

Interpretation

2. In these Regulations, “Act of 2015” means the International Protection Act 2015 (No. 66 of 2015).

Prescribed periods

3. The following periods are prescribed for the purposes of the Act of 2015—

(a)10 working days, for the purposes of section 21(6),

(b)10 working days, for the purposes of section 22(8),

(c)15 working days, for the purposes of section 41(2)(a), and

(d)10 working days, for the purposes of section 43(a).

Request for extension of prescribed period

4. (1) Where an applicant brings an appeal after the prescribed period has expired, he or she shall set out the reasons why he or she was unable to bring the appeal within the prescribed period and request an extension of that period.

(2) Where the Tribunal receives a notice of appeal after the prescribed period and the notice does not contain a request for an extension of the prescribed period or set out the reasons why the applicant was unable to bring the notice of appeal within the prescribed period the Tribunal shall, by notice in writing, inform the applicant that his or her appeal has been received after the prescribed period has expired and that the Tribunal intends to reject the appeal on that basis.

(3) An applicant may, within 3 working days of receipt of a notice under paragraph (2) by notice in writing seek an extension of the prescribed period and inform the Tribunal of the reasons why he or she was unable to lodge the notice of appeal within that period.

(4) Where the Tribunal receives a request for an extension of the prescribed period under paragraph (1) or (3), the Tribunal shall make a decision to—

(a) refuse the application for an extension of the prescribed period and reject the appeal, or

(b) extend the prescribed period.

(5) The Tribunal shall not extend the prescribed period except where it is satisfied that—

(a) the applicant has demonstrated that there were special circumstances as to why the notice of appeal was submitted after the prescribed period had expired, and

(b) in the circumstances concerned, it would be unjust not to extend the prescribed period.

(6) In this Regulation “prescribed period” means, in relation to the appeal concerned, the period prescribed in paragraph (a), (b), (c) or (d) of Regulation 3.

Form of appeal

5. (1) An appeal shall be made by notice in writing, and shall—

(a) in respect of an appeal against a recommendation under section 39(3)(b) or section 39(3)(c) of the Act of 2015, be in the form specified in Schedule 1,

(b) in respect of an appeal against a recommendation under section 21(3) of the Act of 2015, be in the form specified in Schedule 2, and

(c) in respect of an appeal against a recommendation under section 22(5) of the Act of 2015, be in the form specified in Schedule 3.

(2) The applicant shall include with the notice of appeal copies of the documents listed therein, except for any documents furnished by the Minister to the Tribunal pursuant to section 44 of the Act of 2015.

(3) The Tribunal shall transmit copies of any additional documentation submitted by an applicant to the Minister.

Notice of Hearings

6. (1) Subject to paragraph (3), the Tribunal shall fix the date, time and location for an oral hearing and shall, not less than 20 working days before such date, send notice of the location, date and time for the oral hearing to the applicant and his or her legal representative, if any, and the Tribunal shall also send a copy of the notice to the Minister.

(2) A notice under paragraph (1) shall include the names of any witnesses directed by the Tribunal to attend the oral hearing.

(3) Paragraph (1) shall not apply where the parties have agreed to a notice period of less than 20 working days in respect of the oral hearing concerned.

(4) A party may not lodge any additional documents with the Tribunal later than 10 working days prior to the date fixed for the oral hearing except—

(a) with the written consent of the Tribunal, or

(b) on the direction of the Tribunal.

(5) The Tribunal shall not consent to a party lodging additional documents under paragraph (4)(a) unless—

(a) the documents concerned are relevant and of probative value,

(b) the documents concerned provide new evidence or information, and

(c) the party concerned, with reasonable effort, could not have lodged the documents concerned prior to 10 working days before the date fixed for the oral hearing.

Conduct of hearings

7. In conducting an oral hearing the Tribunal—

(a) may direct that a hearing proceed in a particular order, and

(b) shall ensure that a witness shall be present at the oral hearing only for the duration of his or her evidence.

Hearing cases together

8. The Tribunal may hear 2 or more oral hearings together where it appears to the Tribunal that—

(a) each of the cases concerned relates to some common matter,

(b) each of the cases concerned relates to members of the same family, or

(c) it is otherwise reasonable and just that the cases should be heard together.

Adjournments

9. The Tribunal may adjourn a hearing to a specified date where it is satisfied that it is in the interests of justice to do so.

Corrections

10. (1) The Tribunal may correct any error or omission in any decision made by the Tribunal under the Act of 2015.

(2) A correction made under paragraph (1) shall be notified to the applicant and his or her legal representative (if any), the Minister and the High Commissioner.

Schedule 1

International Protection Act 2015

International Protection Appeals Tribunal

Schedule 1

International Protection Appeals

Appeal against a recommendation under section 39(3)(b).

(Recommendation to refuse refugee status only).

Appeal against a recommendation under section 39(3)(c).

(Recommendation to refuse both refugee and subsidiary protection status).

This form should also be used where the recommendation includes findings under section 39(4) resulting in use of accelerated appeals procedures.

Note: If necessary you may attach additional pages to this form. Each additional page should be signed by you at the bottom.

Part 1: Type of appeal

[1.1] Please tick as appropriate:

Refugee Refusal Only

I wish to appeal against the recommendation of the International Protection Officer under section 39 (3)(b) of the International Protection Act 2015 that I should not be given a refugee declaration.

OR

Refugee and Subsidiary Protection Refusal

I wish to appeal against the recommendation of the International Protection Officer under section 39 (3)(c) of the International Protection Act 2015 that I should be given neither a refugee declaration nor a subsidiary protection declaration.

Part 2: Applicant’s Details

[2.1] Personal Reference Number (e.g. 123456-16): ______________

[2.2] Full Name: ______________

[2.3] Any other Names used: ______________

[2.4] Date of Birth: ______________

[2.5] Address:

[2.6] Telephone Number (if any): ______________

[2.7] Nationality: ______________

[2.8] Details of any dependants included in your appeal:

Name Date of Birth Male or Female Relationship to Applicant Personal Ref. No.

[2.9] Details of any other family members living in the State:

Name Date of Birth Male or Female Relationship to Applicant Personal Ref. No.

Notes: If you have other family members with a claim for International Protection pending, the Tribunal may decide to hear the appeals together.

Part 3: Applicants under 18 and in the care of Tusla — The Child and Family Agency (if applicable)

[3.1] Name and address of Tusla — The Child and Family Agency representative:

[3.2] If you are in the care of a person other than a parent or Tusla — The Child and Family Agency, please insert here the name and address of that person.

______________

Part 4: Legal Representation (if applicable)

[4.1] Do you have legal representation? Yes: No: (tick as appropriate).

[4.2] Name and Address of your legal representative:

[4.3] Telephone number: ______________

[4.4] Email address: ______________

Note: If you instruct a legal representative at a later stage of your appeal you should inform the Tribunal of this immediately and provide the Tribunal with the relevant details.

If you have a legal representative all correspondence in relation to your appeal will be sent to them unless the International Protection Act 2015 requires it to be sent directly to you.

Part 5: Grounds of Appeal

[5.1] Ground 1:

______________

[5.2] Ground 2:

[5.3] Ground 3:

Note: Please state clearly and concisely the grounds on which you are seeking to appeal the recommendation of the International Protection Officer.

• If you require more space, documentation should be listed on a separate Sheet(s).

Part 6 (A): Documentation received by the applicant from the International Protection Office/Minister.

• Please list below...