Refugee Act 1996 (Appeals) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 424/2003
• Year: 2003

I, Michael McDowell TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23 (as amended by the Immigration Act 1999 (No. 22 of 1999)) 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 ), hereby make the following regulations:
PART 1 General
	Citation and commencement	1.—(1) These Regulations may be cited as the Refugee Act 1996 (Appeals) Regulations 2003.
(2) These Regulations shall come into operation on 15 September 2003.
	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 2003 (No. 26 of 2003);
“the Regulations of 2002” means the Refugee Act 1996 (Appeals) Regulations 2002 ( S.I. No. 571 of 2002 ).
(2) In these Regulations—
(a) a reference to a Regulation or a Schedule is a reference to a Regulation of, 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.
	Revocation and saver	3.—(1) Subject to paragraph (2) the Regulations of 2002 are revoked.
(2) The Regulations of 2002 shall notwithstanding paragraph (1) continue to apply in relation to applications to which section 28A(1)(a) of the Act of 1996 applies.
	Decisions	4.—(1) A decision of the Tribunal under subparagraph (a) or (b) of subsection (2) of section 16 of the Act of 1996 shall be in the form set out in Schedule 2 or Schedule 3 respectively or a form to the like effect.
(2) A copy of each decision of the tribunal shall be transmitted to the Commissioner.
	Corrections	5.—(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.	6.—(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 prepaid registered post, or
(b) sent by facsimile 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) by delivering it to him or her, or
(b) by sending it by prepaid registered post, 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 under section 13 (other than subsections (5) or (8)) of section 13 of the act of 1996
	Interpretation (Part 2)	7.—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 other than a recommendation under subsection (5) or (8) of that section.
	Form of appeal	8.—(1) An appeal shall be in the form specified in Part 1 of Schedule 1 or a form to the like effect.
(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 witnesses 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 be directed to attend before the Tribunal in accordance with section 16(11) of the Act of 1996.
(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 subsection (11) of section 16 of the Act of 1996.
	Conduct of oral hearing	9.—(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 witnesses;
(d) ensure that the oral hearing proceeds with due expedition;
(e) allow for the examination and cross-examination of the applicant, any witnesses 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) References to the Commissioner in paragraph (1) 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	10.—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 hear the appeals together.
	Adjournment of oral hearing	11.—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.
	Withdrawal of request for oral hearing	12.—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 under subsection (5) or (8) of section 13 of the Act of 1996
	Form of appeal	13.—An appeal under section 16 of the Act of 1996 against a recommendation of the Commissioner under subsection (5) or (8) of section 13 the Act of 1996 shall be in the form set out in Part 2 to Schedule 1 or a form to the like effect.
Schedule 1
Part 1
(Form 1)
Refugee Appeals Tribunal
NOTICE OF APPEAL
against a recommendation of the Refugee Applications Commissioner under section 13 (other than subsection (5) or (8)) 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 6 of the Refugee Act 1996 (Appeals) Regulations 2003.
1.6 Nationality:
1.7 Temporary Residence Certificate Number:
1.8 Personal Public Service Number (PPSN) :
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, if any, should sign the bottom of each additional page. This appeal will be treated as an appeal in relation to each of the family members listed above.
1.11 If you are under 18 years of age and are in the care of a Health Board, please state:
(a) Name and address of Health Board representative:_______________ ________________________________________________________
(b) Name of Health Board: ____________________________________
If you are in the care of a person other than a parent or a Health Board, please insert here the name and address of that person.
2. Legal Representation
2.1 Do you have legal representation? Yes:□ No:□ (tick as appropriate).
If...