Reception and Intregration Agency
WHAT HAPPENS IF THE REFUGEE APPLICATIONS COMMISSIONER RECOMMENDS THAT YOU SHOULD NOT BE GIVEN DECLARATION AS A REGUGEE?
A number of different types of negative recommendations may apply depending on the nature of your case as follows:
(i) Where the Refugee Applications Commissioner makes a recommendation that you should not be declared a refugee because your application was withdrawn (see Section 8.1 below), or where your application is deemed to be withdrawn (see Section 2.3 above), the Minister will be advised of this recommendation and you will be notified of this by registered post. There is no appeal against any such recommendation.
(ii) Otherwise, where the Refugee Applications Commissioner makes a recommendation that you should not be declared a refugee, the normal position is that you may appeal to the Refugee Appeals Tribunal against the recommendation within fifteen working days from the sending of the notice. The notice will be sent to you by registered post, and to your solicitor (if known). You will also be furnished with the reasons for the recommendation including the material which was relied upon in coming to the recommendation. You are entitled to request an oral hearing for this appeal. If you appeal but do not request an oral hearing, your appeal will be dealt with by the Tribunal without an oral hearing.
(iii) Where the Refugee Applications Commissioner's negative recommendation includes among its findings any one of the additional findings listed under section 13(6) of the Act (see below at *), you may appeal to the Refugee Appeals Tribunal against the recommendation within ten working days from the sending of the notice. The notic will be sent to you by registered post and to your solicitor (if known). You will also be furnished with the reasons for the recommendation including the material which was relied upon in coming to a recommendation. Any such appeal will be dealt with by the Tribunal without an oral hearing.
* Section 13(6) findings
(a) that the application showed either no basis or a minimal basis for the contention that the applicant is a refugee;
(b) that the applicant made statements or provided information in support of the application of such a false, contradictory, misleading or incomplete nature as to lead to the conclusion that the application is manifestly unfounded;
(c) that the applicant, without reasonable cause, failed to make an application as soon as reasonably practicable after arrival in the State;
(d) the applicant had lodged a prior application for asylum in another state party to the Geneva Convention (whether or not that application had been determined, granted or rejected); and
(e) the applicant is a national of, or has a right of residence in, a safe country of origin for the time being so designated by the Minister by order under section 12(4) of the Act.
(iv) The Minister has the power to direct that certain categories of applications be dealt with in accordance with procedures set out in section 13(8) of the Refugee Act. If the Minister issues such a direction and your application is to be dealt with in this way you will be notified in writing in advance by the Commissioner, as will your solicitor (if known).
Under the procedures set out at section 13(8), should a negative recommendation be made by the Commissioner and should any one of the additional findings listed in section 13(6) of the Act apply (see (iii) above) you will have four working days to appeal from the sending of the notice. The notice will be sent to you by registered post and to your solicitor (if known). You will also be furnished with the reasons for the recommendation including the material which was relied upon in coming to a recommendation. Any such appeal will be dealt with by the Tribunal without an oral hearing.
WHAT HAPPENS IF YOU DECIDE TO APPEAL ARISING FROM THE ABOVE?
The appeal must be made in writing on an official Notice of Appeal form which will be included with the notification from the Refugee Applications Commissioner. The Notice of Appeal form must be completed and submitted to the Refugee Appeals Tribunal, 6 - 7 Hanover St. East, Dublin 2 within the specified time limits. The Notice of Appeal must be completed in full including the grounds of appeal by either you or your solicitor.
It is your responsibility to prove that your appeal was lodged within the permitted time limit. If posted, the Notice of Appeal must be sent by registered post and you must keep the certificate of registration you receive at the Post Office when you post the letter. If you wish to deliver the Notice by hand, you should hand it to a member of staff at the office of the Refugee Appeals Tribunal. You will be given a dated receipt and you should keep this receipt carefully. If you send the Notice by fax you must keep the successful transmission report.
If you wish to obtain legal advice and have not done so previously you should do so immediately on receipt of your letter of refusal. In this regard you may contact the Refugee Legal Service (RLS). You also have the option to engage private legal representation in relation to your appeal. However, the Refugee Appeals Tribunal will not refund any legal costs incurred in engaging private legal representation. If you wish to engage a solicitor you should do so before completing the Notice of Appeal, because consideration of your appeal will be based on this Notice.
You should give all documents sent to you by the Refugee Applications Commissioner to your solicitor.
You must submit all supporting evidence and documentation with the Notice of Appeal, because these are the documents on which the appeal will be considered.
You must also set out clearly your grounds of appeal.
You must also inform the Tribunal of any change of address to the address provided in your Notice of Appeal.
CONSIDERATION OF AN APPEAL BY THE REFUGEE APPEALS TRIBUNAL WITHOUT AN ORAL HEARING ARISING FROM THE ABOVE?
The Refugee Appeals Tribunal will consider your appeal without an oral hearing (on the papers) in accordance with Section 7.1(ii), (iii) or (iv) above based on:
CONSIDERATION OF AN APPEAL BY THE REFUGEE APPEALS TRIBUNAL WITH AN ORAL HEARING
If you request an oral hearing the Refugee Appeals Tribunal will send a notification to you to attend at least seven working days before the date of the hearing.
Your oral hearing will be conducted by a Member of the Refugee Appeals Tribunal.
The hearing must be attended by you and your solicitor (if any) and any witnesses directed to attend by the Refugee Appeals Tribunal. The Refugee Applications Commissioner or an authorised officer of the Commissioner will also attend. The UNHCR may attend as an observer.
Where you are entitled to request an oral hearing you must indicate this on your Notice of Appeal form. You may also request in your Notice of Appeal that a witness or witnesses attend to give evidence in support of your appeal. The notification of the date of your oral hearing will indicate whether your request for the attendance of a witness has been granted.
In some cases, other observers may attend oral hearings at the discretion of the Refugee Appeals Tribunal.
If you require an interpreter at your appeal hearing every reasonable effort will be made to provide one. In your Notice of Appeal you should specify the precise language or dialect for which you require interpretation. The sole function of the interpreter is to interpret the questions and your responses accurately and literally.
The oral hearing will be conducted as informally as is practicable and in such a manner as to ensure that the proceedings are fair and transparent.
You may withdraw a request for an oral hearing by giving written notice to the Tribunal not later than three working days before the hearing. The written notice must set out the reason for the withdrawal.
Important - Failure to attend an oral hearing
Where you fail, without reasonable cause, to attend an oral hearing, then unless you furnish to the Tribunal, not later than three working days from the date fixed for the oral hearing, with an explanation for not attending which the Tribunal considers reasonable in the circumstances, your appeal will be deemed to be withdrawn. You and your solicitor (if known) will be notified of the withdrawal. The Minister and the Commissioner will also be notified of the withdrawal and the Minister shall refuse to give you a declaration as a refugee and will notify you that arrangements will be made for your removal from the State (see Section 9.3 below).
Your attention is drawn to Section 2.3 above which sets out the consequences of your failing to comply at appeals stage with other statutory obligations.
Note: The failure of a witness to attend an oral hearing will not necessarily prevent the hearing taking place.
WHAT HAPPENS IF YOU DO NOT APPEAL ?
If you do not appeal to the Refugee Appeals Tribunal within the time allowed from the sending of the notification, the Refugee Applications Commissioner will recommend to the Minister that you should not be given a declaration as a refugee. The Minister may refuse to give you a declaration and may make arrangements for your removal from the State (see Section 9.3 below).
OUTCOME OF YOUR APPEAL
You and your solicitor (if known) will be notified in writing of the decision of the Refugee Appeals Tribunal. A copy of the decision will be forwarded to the Minister who, in the case of a negative recommendation, may decide to refuse to give you a declaration as a refugee and make arrangements for your removal from the State. If the decision of the Refugee Appeals Tribunal is positive, you will be given a declaration as a refugee by the Minister subject to considerations of national security or public policy (ordre publique) (see Section 6.2 above).