Refugee Act, 1996 (Appeals) Regulations, 2002

• Jurisdiction: Ireland
• Citation: IR SI 571/2002
• Year: 2002

1. Michael Mc Dowell, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23 of the Refugee Act, 1996 (No. 17 of 1996), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), make the following Regulations:
PART 1 General
	Citation, commencement and revocation	1. (1) These Regulations may be cited as the Refugee Act, 1996 (Appeals) Regulations 2002.
(2) These Regulations shall come into operation on 13 December 2002.
(3) The Refugee Act, 1996 (Appeals) Regulations 2000 ( S.I. No. 342 of 2000 ) are revoked.
	Interpretation	2. (1) In these Regulations, unless the context otherwise requires “the Act of 1996” means the Refugee Act 1996 (No. 17 of 1996), as amended by the Immigration Act 1999 (No. 22 of 1999) and the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000);
“section 16” means section 16 of the Act of 1996 as amended by the Immigration Act 1999 and the Illegal Immigrants (Trafficking) Act 2000 .
(2) In these Regulations—
(a) a reference to a Regulation or Schedule is a reference to a Regulation or a Schedule to these Regulations, unless it is indicated that a reference to some other Regulation or Schedule is intended, and
(b) a reference to a paragraph or a subparagraph is a reference to a paragraph or subparagraph of the Regulation or Schedule in which the reference occurs unless it is indicated that a reference to some other Regulation or Schedule is intended.
	Business of the Tribunal	3. The Tribunal shall, in arranging its business, have regard to the desirability of disposing of appeals with due expedition consistent with fairness and natural justice.
	Withdrawal of appeal	4. Where an appeal is withdrawn pursuant to section 16(9) of the Act of 1996, the Tribunal shall notify the Minister and the Commissioner of the withdrawal.
	Decisions	5. A decision of the Tribunal under section 16(2)(a), (b), (c) or (d) of the Act of 1996 shall be in the form set out in Schedule 2, Schedule 3 Schedule 4 and Schedule 5 respectively or a form to the like effect.
	Corrections	6. (1) The Tribunal may correct any error or omission in any decision made by the Tribunal under the Act of 1996.
(2) A correction made under paragraph (1) shall be notified to the applicant and his or her legal representative (if any), the Minister, the Commissioner and the High Commissioner.
	Notices etc.	7. (1) Notices, representations in writing or documents required or authorised by these Regulations to be sent or given to the Tribunal shall be deemed to have been duly sent or given if directed to the Chairperson Refugee Appeals Tribunal, and
(a) sent by registered post,
or
(b) sent by fax, where confirmed by a successful transmission report,
or
(c) delivered to the Refugee Appeals Tribunal, where the applicant has a receipt for the delivery, issued by the Tribunal.
(2) Where a notice is required or authorised by these Regulations to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in one of the following ways:
(a) where it is addressed to him or her by name, by delivering it to him or her, or
(b) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him or her at the address most recently furnished by him or her to the Commissioner or, in the case of his or her legal representative, if any, at his or her address, or in a case in which an address for service has been furnished, at that address.
(3) Where a notice under these Regulations has been sent to a person in accordance with subparagraph (2)(b), the notice is deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent.
PART 2 Appeal against recommendation that applicant should not be granted refugee status
	Interpretation (Part 2)	8. In this Part, unless the context otherwise requires, “an appeal” means an appeal under section 16 of the Act of 1996 against a recommendation of the Commissioner under section 13 of the Act of 1996.
	Form of appeal	9. (1) An appeal shall be in the form set out in Part 1 of Schedule 1.
(2) The Tribunal shall fix a time and date for an oral hearing and shall not less than 7 working days before such date, send notice of the time and date for the oral hearing to the applicant and his or her legal representative if any, and a copy of the notice shall be sent to the Commissioner, and the notice shall include the names of any witness(es) directed by the Tribunal to attend the oral hearing.
(3) (a) 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 in accordance with section 16(11) of the Act of 1996 be directed to attend before the Tribunal.
(b) In making a determination under subparagraph (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.
(c) Where the Tribunal determines that a witness should attend before it, it shall direct the witness to attend in accordance with section 16(11) of the Act of 1996.
	Conduct of oral hearing	10. (1) In conducting an oral hearing the Tribunal shall—
(a) ensure that the applicant, his or her legal representative, if any the Commissioner and the High Commissioner, if present, are informed of the order of proceedings which the Tribunal proposes to adopt:
(b) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency;
(c) decide the order of appearance of the applicant and the Commissioner and any witness(es):
(d) ensure that the oral hearing proceeds with due expedition:
(e) allow for the questioning of the applicant, any witness(es) and the Commissioner; and
(f) ensure that a witness shall be present at the oral hearing only for the duration of his or her evidence.
(2) In paragraph (1) references to the Commissioner include references to a member of the staff of the Commissioner who is authorised by him or her to attend the oral hearing.
	Hearing cases together	11. In the case of an oral hearing where it appears to the Tribunal that in two or more appeal cases—
(a) some common matter arises in both or all of them;
(b) they relate to members of the same family; or
(c) it is otherwise reasonable and just that the appeals should be heard together.
the Tribunal may, subject to the agreement of the applicants concerned and the Commissioner, hear the appeals together.
	Adjournment of oral hearing	12. Where the Tribunal is satisfied that an oral hearing of the Tribunal should be adjourned in the interests of justice, the Tribunal may adjourn the oral hearing to a specified date.
	Failure to attend oral hearing	13. Where the applicant fails to attend an oral hearing or a resumed oral hearing at the appointed date and time, the Tribunal shall treat his or her case as one to which section 16(2A) of the Act of 1996 applies unless the applicant, where he or she has not already done so, within 3 working days after the date of the oral hearing or resumed oral hearing, as the case may be, furnishes the Tribunal with an explanation which satisfies the Tribunal that he or she had reasonable cause for not attending.
	Withdrawal of Request for Oral Hearing	14. The applicant may withdraw a request for an oral hearing by giving written notice to the Tribunal not later than 3 working days before the hearing date. The written notice must set out the reasons for the withdrawal.
PART 3 Appeal against recommendation that application is manifestly unfounded
	Form of appeal	15. An appeal under section 16 of the Act of 1996 against a recommendation of the Commissioner under section 12 (manifestly unfounded applications) of the Act of 1996 shall be in the form set out in Part 2 of Schedule 1.
SCHEDULE 1
Part 1
(Form 1)
Refugee Appeals Tribunal
NOTICE OF APPEAL
against a recommendation of the Refugee Applications Commissioner made under section 13 (3)(b) of the Refugee Act 1996
1. Personal details relating to the applicant(s) lodging this appeal:
1.1 Asylum Appeal Reference Number: 69 / / 1.2 Name: 1.3 Date of Birth: / /
1.4 Address: ___________________________________
1.5 Telephone Number (if any): ____________________________________
Note: Correspondence relating to your appeal will be sent to the address which you are required to furnish to the Refugee Applications Commissioner under section 9 (4A) of the Refugee Act 1996 unless you put down on this form a different address for service of notices for the purposes of your appeal before the Refugee Appeals Tribunal or indicate that you wish all correspondence to be sent to your legal representative. You must also inform the Tribunal of any change of address to any address provided here. Your attention is drawn to Regulation 7 of the Refugee Act 1996 (Appeals) Regulations 2002.
1.6 Nationality:
1.7 Temporary Residence Certificate Number:
1.8 Personal Public Service (P.P.S. N.) Number:
1.9 Supplementary Welfare Payment Centre:
1.10 Personal and Family Details:
Name of your spouse (as applicable):________________________
Details of all family members - spouse and children - living in the State:
Name Date of Birth Male or female Relationship to Applicant File ref. No. 69/-
You may use additional or separate pages, if necessary, but, if so, both you and your legal representative,...