S.I. No. 342/2000 - Refugee Act, 1996 (Appeals) Regulations, 2000.

1. Personal details

1.1 Name

1.2 Address

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 solicitor. 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, 2000.

1.3 Nationality

1.4 Temporary Residence Certificate number

1.5 R.S.I. Number

1.6 Telephone number (

if any

)

1.7 Supplementary Welfare Payment Centre

2. Legal Representation

2.1 Do you have legal representation? Yes No

(delete as appropriate) If yes, please complete the following

2.2 Name of your legal representative

2.3 His or her address

2.4 His or her telephone number

2.5 His or her fax number.

If you instruct a legal representative at a later stage you should inform the Refugee Appeals Tribunal of this immediately and provide details as in this section of the form.

3. Grounds of Appeal

Please state clearly and concisely the grounds on which you are seeking to appeal the recommendation of the Refugee Applications Commissioner (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).

The grounds of the appeal should indicate—

(a) to what extent (if any) you contend that the relevant provisions of

section 12

(4) of the

Refugee Act, 1996

as specified in the recommendation of the Refugee Applications Commissioner, a copy of which has been provided to you, should not apply to your case;

(b) any additional information.

All grounds of appeal and documentation (see section 4 below) on which you rely must be submitted with this notice of appeal. If you are submitting information which was not available to the Refugee Applications Commissioner, you must state why this was so and also the precise relevance of this information to your case.

Ground 1:______________________________________________________________________________________

Ground 2:______________________________________________________________________________________

Ground 3:______________________________________________________________________________________

etc.

4. Documentation

Please list here all documents or records on which you propose to rely for the purposes of your appeal.

These documents must accompany this form.

Where documentation has already been supplied to the Refugee Applications Commissioner in connection with the investigation of your application, or is otherwise available to the Commissioner, the Commissioner will make it available directly to the Refugee Appeals Tribunal: there is no need for you to provide fresh copies.

Please note that all documentation on which you intend to rely and which has not already been supplied to or is otherwise available to the Commissioner must accompany this notice of appeal.

Where possible, original documentation should be provided.

Please note that where a record submitted is a medical record it must be supported by a report of a medical practitioner.

Where a record submitted is a video tape or audio tape it should be accompanied by such documentation verifying its authenticity or reliability as may be available.

Document 1:____________________________________________________________________________________

Document 2:____________________________________________________________________________________

Document 3:____________________________________________________________________________________

etc.

5. Communications to the Tribunal

All communications to the Tribunal should be sent by registered post and addressed to: The Chairperson, Refugee Appeals Tribunal (insert address).

Signed

____________________

Applicant

Date

Signed

____________________

Legal representative

Date

SECOND SCHEDULE

Refugee Appeals Tribunal

Refugee Act 1996

as amended by

section 11

of the

Immigration Act, 1999

Re: Decision of the Refugee Appeals Tribunal under section 16(2)(

a

) of the Act

Name

(insert name of applicant)

Address

(insert address of applicant)

Date of Birth

(insert date of birth of applicant)

Appeal Reference

(insert reference)

The Tribunal has decided to affirm the recommendation of the Refugee Applications Commissioner given on

(insert date)

under section 13 of the above Act that you should not be declared to be a refugee.

This decision was reached having considered the following matters

• your notice of appeal under section 16(3) of the above Act and the grounds thereof submitted with the notice, including all supporting documentation and records;

• the report and recommendation of the Refugee Applications Commissioner under section 13 of the Act;

• all documents, representations in writing and other information submitted to the Refugee Applications Commissioner in connection with your case as provided for under section 11 of the Act and which have been previously furnished to you or your legal representative

• the documents submitted with your appeal

(if applicable)

;

• the observations of the Refugee Applications Commissioner in relation to the matters arising on your grounds of appeal which were previously furnished to you or your legal representative

(if applicable)

;

• the observations of the High Commissioner

(if applicable)

;

• the evidence adduced at your appeal and the representations made concerning your application at that hearing

(if applicable).

The Tribunal is satisfied that you are not a refugee within the meaning of

section 2

of the

Refugee Act 1996

for the following reasons

(Here state reasons applicable to the case concerned)

The decision of the Tribunal has been forwarded to the Refugee Applications Commissioner, the representative of the United Nations High Commissioner for Refugees and the Minister for Justice, Equality and Law Reform.

A representative of the Minister will be in contact with you further concerning your case.

______________________________

Signed: (name and rank)

Date

THIRD SCHEDULE

Refugee Appeal Tribunal

Refugee Act, 1996 as amended by

section 11

of the

Immigration Act, 1999

Re: Decision of the Refugee Appeals Tribunal under section 16(2)(

b

) of the Act

Name

(insert name of applicant)

Address

(insert address of applicant)

Date of Birth

(insert date of birth of applicant)

Appeal reference

(insert reference)

The Tribunal has decided to set aside the recommendation of the Refugee Applications Commissioner given on

(insert date)

under section 13 of the above Act that you should not be declared to be a refugee. It is, therefore, the recommendation of the Tribunal that the Minister for Justice, Equality and Law Reform declare you to be a refugee under

section 17

of the

Refugee Act 1996

.

The decision of the Tribunal recommending that you be declared to be a refugee was arrived at having considered the following matters

• your notice of appeal under section 16(3) of the Act and the grounds thereof submitted with the notice, including all supporting documentation and records;

• the report and recommendation of the Refugee Applications Commissioner under section 13 of the Act;

• all documents, representations in writing and other information submitted to the Refugee Applications Commissioner in connection with your case as provided for under section 11 of the Act and which have been previously furnished to you or your legal representative;

• the observations of the Refugee Applications Commissioner in relation to the matters arising on your grounds of appeal which were previously furnished to you or your legal representative

(if applicable)

;

• the documents submitted with your appeal

(if applicable)

;

• the observations of the High Commissioner

(if applicable)

;

• the evidence adduced at your appeal and the representations made concerning your application at that hearing

(if applicable)

.

The Tribunal is satisfied that being outside the country of your nationality

*

/of your former habitual residence

*

you have a well-founded fear of persecution within the meaning of

section 2

of the

Refugee Act, 1996

.

This decision has been communicated to the Minister for Justice, Equality and Law Reform and to the High Commissioner.

___________________

Signed: (name and rank)

Date

FOURTH SCHEDULE

Refugee Appeals Tribunal

Refugee Act 1996

as amended by

section 11

of the

Immigration Act, 1999

Re: Decision of the Refugee Appeals Tribunal under section 16(2)(

c

) of the Act

Name

(insert name of applicant)

Address

(insert address of applicant)

Date of Birth

(insert date of birth of applicant)

Appeal reference

(insert reference)

The Tribunal has decided to affirm the recommendation of the Refugee Applications Commissioner under section 12 of the above Act that your application for refugee status is manifestly unfounded and that you should not be declared to be a refugee.

This decision was reached having considered the following matters

• your notice of appeal under section 16(3) of the Act and the grounds thereof submitted with the notice including all supporting documentation and records;

• the report on your application furnished to the Refugee Applications Commissioner under section 11(2) of the Act;

• the representations made in accordance with section 11(3) of the Act (

if applicable

);

• the recommendation of the Refugee Applications Commissioner made under section 12 of the Act;

• all documents, representations in writing or other information submitted to the Refugee Applications Commissioner in connection with your application as provided for under section 11 of the Act and which have been previously furnished to you or your legal representative

(if applicable)

;

• the observations of the Refugee Applications Commissioner in relation to the matters arising on your grounds of appeal and which were previously furnished to you or your legal representative

(if applicable)

;

• the documents submitted with your appeal

(if applicable)

;

• the observations of the High Commissioner

(if applicable).

The Tribunal is satisfied that you should not be declared to be a refugee on the basis that your application is one which comes within the scope of paragraph(s)

(list relevant paragraph(s))

of section 12(4) of the above Act in that …

(set out relevant paragraphs and give reasons for decision)

This decision has been communicated to the Refugee Applications Commissioner, the High Commissioner and the Minister for Justice, Equality and Law Reform.

A representative of the Minister will be in contact with you further concerning your case.

___________________

Signed: (name and rank)

Date

FIFTH SCHEDULE

Refugee Appeals Tribunal

Refugee Act 1996

as amended by

section 11

of the

Immigration Act, 1999

Re: Decision of the Refugee Appeals Tribunal under section 16(2)(

d

) of the Act

Name

(insert name of applicant)

Address

(insert name of applicant)

Date of Birth

(insert date of birth of applicant)

Appeal reference

(insert reference)

The Tribunal has decided to set aside the recommendation of the Refugee Applications Commissioner under section 12 of the above Act that your application is manifestly unfounded and that you should not be declared to be a refugee.

This decision was reached having considered the following matters

• your notice of appeal under section 16(3) of the Act and the grounds thereof submitted with the notice including all supporting documentation and records;

• the report on your application furnished to the Refugee Applications Commissioner under section 11(2) of the above Act;

• the representations made in accordance with section 11(3) of the Act

(if applicable);

• the recommendation of the Refugee Applications Commissioner made under section 12 of the Act;

• all documents representations in writing or other information submitted to the Refugee Applications Commissioner in connection with your application as provided for under section 11 of the Act and which have been previously furnished to you or your legal representative

(if applicable)

;

• the observations of the Refugee Applications Commissioner in relation to the matters arising on your grounds of appeal which were previously furnished to you or your legal representative

(if applicable)

;

• the documents submitted with your appeal

(if applicable)

;

• The observations of the High Commissioner

(if applicable).

The Tribunal is satisfied that the recommendation of the Commissioner in your case should be set aside on the basis that your application does not come within the scope of section 12(4) of the above Act on the basis that …

(set out reasons, including the text of any relevant paragraphs of s. 12(4) where appropriate).

Your application has been remitted to the Refugee Applications Commissioner for the purpose of carrying out an investigation of your application as provided for under section 11 of the above Act.

You will be contacted shortly by the Office of the Refugee Applications Commissioner regarding your application.

_________________________

Signed: (name and rank)

Date

GIVEN under my Official Seal

This 26th day of October, 2000

John O'Donoghue T.D.,

Minister for Justice, Equality and Law Reform

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations supplement in detail the procedures set out in

section 16

of the

Refugee Act 1996

in relation to the determination by the Refugee Appeals Tribunal of appeals against recommendations of the Refugee Applications Commissioner on applications for recognition as a refugee.

*

Address, telephone number etc

**

Specify the precise language or dialect for which the witness will require interpretation.

(

*

delete as appropriate

)

(

*

delete as appropriate

)

6. Submissions at oral hearing

If you have indicated under section 4 of this form that you wish to have your appeal dealt with by way of oral hearing you must provide a brief note setting out the main submissions to be made at the hearing and any authorities which will be relied on in support of those submissions, with an indication where necessary of any particular passages to be relied on.

Submission 1:___________________________________________________________________________________

Submission 2:___________________________________________________________________________________

Submission 3:___________________________________________________________________________________

etc.

Authority 1:____________________________________________________________________________________

Authority 2:____________________________________________________________________________________

Authority 3:____________________________________________________________________________________

etc.

7. Witnesses

Please supply the name, address and telephone number of witness(es) whom it is proposed to call to give evidence at the oral hearing. Please state clearly the nature, purpose and relevance of the evidence proposed to be given by the witness and whether you wish the attendance of any of the witnesses to be directed by the Tribunal.

You may use additional pages, if necessary, but, if so, both you and your legal representative, if any, should sign the bottom of each additional page.

Witnesses

Name

Contact details*

Language**

Nature, Purpose and relevance of the evidence

8. Communications to the Tribunal

All communications to the Tribunal should be sent by registered post and addressed to: The Chairperson, Refugee Appeals Tribunal, (insert address).

Signed

____________________

Applicant

Date

Signed

____________________

Legal representative

Date

Part 2

(Form 2)

Refugee Appeals Tribunal

NOTICE OF APPEAL

against a recommendation of the Refugee Applications Commissioner made under

section 12

(1)(b) of the

Refugee Act 1996

I, John O'Donoghue, 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

), 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, 2000.

(2) These Regulations shall come into operation on 20 November 2000.

Interpretation

2.

(1) In these Regulations, unless the context otherwise requires, “the Act” 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).

(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, 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 shall be in the form set out in the Second, Third, Fourth and Fifth Schedules 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.

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

Notices etc.

7.

(1) All 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 sent by registered post and directed to the Chairperson, Refugee Appeals Tribunal, Dublin.

(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 some 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, 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 shall be 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 against a recommendation of the Commissioner under section 13 of the Act.

Form of appeal

9.

(1) An appeal shall be in the form set out in Part 1 of the First Schedule to these Regulations.

(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 known, and a copy of the notice shall be sent to the Commissioner, and the notice shall include the names of any witness 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 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.

(

d

) A witness directed to attend a hearing under paragraph (

c

) shall be present at the oral hearing only for the duration of his or her evidence.

Conduct of oral hearing

10.

In conducting an oral hearing the Tribunal shall—

(

a

) ensure that the applicant and the Commissioner, and their legal representatives if any, 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; and

(

e

) allow for the questioning of the applicant, witnesses and the Commissioner.

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

) the Tribunal otherwise considers it 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 a hearing of the Tribunal should be adjourned in the interest of justice, the Tribunal may adjourn the 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, the Tribunal shall treat his or her case as one to which section 16(2A) of the Act 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.

PART 3

Appeal against recommendation that application is manifestly unfounded

Form of appeal

14.

An appeal under section 16 of the Act against a recommendation of the Commissioner under section 12 (manifestly unfounded applications) of the Act shall be in the form set out in Part 2 in the First Schedule to these Regulations.

FIRST SCHEDULE

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