Refugee Act 1996 (Asylum Procedures) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 52/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th February, 2011.

I, BRENDAN SMITH, Minister for Justice 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, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 216 of 2010 )), and for the purpose of giving further effect to Council Directive 2005/85/EC of 1 December 20051 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Refugee Act 1996 (Asylum Procedures) Regulations 2011.

(2) These Regulations shall come into operation on 1 March 2011.

Definitions

2. In these Regulations:

“free legal assistance” means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995 (No. 32 of 1995);

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

Conduct of interview under section 11 of Act

3. (1) The Commissioner, for the purpose of ensuring that an interview under section 11(2) of the Act is conducted under conditions which allow the applicant to present the grounds for his or her application in a comprehensive manner, shall—

(a) ensure that the authorised officer who conducts the interview is sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability, insofar as it is possible to do so, and

(b) select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview.

(2) For the purposes of paragraph (1)(b), communication need not necessarily take place in the language preferred by the applicant if there is another language which he or she may reasonably be supposed to understand and in which he or she is able to communicate.

Unaccompanied minors

4. Where an applicant is a child referred to in section 8(5) of the Act, on behalf of whom an application has been made in accordance with section 8(5)(b) of the Act, the Commissioner shall, taking the best interests of the child as a primary consideration, ensure that—

(a) the person appointed by the Health Service Executive under section 8(5)(b) of the Act—

(i) is given the opportunity to inform the child about the meaning and possible consequences of the personal interview and, where appropriate, how to...