S.I. No. 571/2002 - Refugee Act, 1996 (Appeals) Regulations, 2002

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, if any, should sign the bottom of each additional page.

2. Legal Representation

2.1 Do you have legal representation? Yes: No

(tick 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 of your appeal 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.

Ground

1:________________________________________________________________________________

Ground

2:________________________________________________________________________________

Ground

3:______________________________________________________________________________etc.

All grounds of appeal and documentation (see section 4 below) on which you intend to rely in your appeal must accompany this notice of appeal and (if applicable) the relevant parts must be clearly indicated accordingly. 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.

4. Documentation

Please list here all documents and 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 not available to the Commissioner, must accompany this notice of appeal and (if applicable) the relevant parts must be clearly indicated.

Where possible, original documentation should be provided.

Please not that where a record submitted is a medical record it must be supported by a report of a medical practitioner

These documents must be original versions.

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. Please support this form of submission by indicating the nature and purpose of the record.

Document

1:________________________________________________________________________________

Document

2:________________________________________________________________________________

Document

3:________________________________________________________________________________

etc.

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.

5. Communications to the Tribunal

All communications to the Tribunal should be sent by registered post, or faxed (and confirmed by a successful transmission report), or delivered to the Refugee Appeals Tribunal

(insert address here)

- the Tribunal will issue you with a receipt which you should retain as proof of such delivery.

Signed

______________________________

Applicant

Date

Signed

______________________________

Legal representative

Date

SCHEDULE 2

Refugee Appeals Tribunal

Refugee Act 1996, as amended by

section 11

of the

Immigration Act 1999

and

section 9

of the

Illegal Immigrants (Trafficking) Act 2000

Re: Decision of the Refugee Appeals Tribunal under

section 16

(2)(

a

) of the

Refugee Act 1996

.

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 Act of 1996 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 of 1996 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 of 1996

▪ 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 of 1996 and which have been previously furnished to you or your legal representative (if any);

▪ 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 communicated to the High Commissioner and a copy of the decision has been forwarded to your legal representative

(if applicable)

, the Refugee Applications 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

SCHEDULE 3

Refugee Appeals Tribunal

Refugee Act 1996

, as amended by

section 11

of the

Immigration Act 1999

and

section 9

of the

Illegal Immigrants (Trafficking) Act 2000

Re: Decision of the Refugee Appeals Tribunal under

section 16

(2)(

b

) of the

Refugee Act 1996

.

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 Act of 1996 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 of 1996 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 of 1996;

▪ 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 of 1996 and which have been previously furnished to you or your legal representative (if any);

▪ 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 you are 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 communicated to the High Commissioner and a copy of the decision has been forwarded to your legal representative (if applicable), the Refugee Applications 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

SCHEDULE 4

Refugee Appeals Tribunal

Refugee Act 1996

, as amended by

section 11

of the

Immigration Act 1999

and

section 9

of the

Illegal Immigrants (Trafficking) Act 2000

Re: Decision of the Refugee Appeals Tribunal under

section 16

(2)(

c

) of the

Refugee Act 1996

.

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 Act of 1996 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 of 1996 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 of 1996;

▪ the representations made in accordance with section 11(3) of the Act of 1996 (

if applicable

);

▪ the recommendation of the Refugee Applications Commissioner made under section 12 of the Act of 1996;

▪ 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 of 1996 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 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 communicated to the High Commissioner and a copy of the decision has been forwarded to your legal representative

(if applicable)

, the Refugee Applications 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

SCHEDULE 5

Refugee Appeals Tribunal

Refugee Act 1996

, as amended by

section 11

of the

Immigration Act 1999

and

section 9

of the

Illegal Immigrants (Trafficking) Act 2000

Re: Decision of the Refugee Appeals Tribunal under

section 16

(2)(

d

) of the

Refugee Act 1996

.

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 under section 12 of the Act of 1996 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 of 1996 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 of 1996;

▪ the representations made in accordance with section 11(3) of the Act of 1996

(if applicable)

▪ the recommendation of the Refugee Applications Commissioner made under section 12 of the Act of 1996;

▪ 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 of 1996 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 6th day of December 2002

Michael McDowell 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 revoke and replace the Refugee Act, 1996 (Appeals Regulations, 2000 (

S.I. No. 342 of 2000

). The 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 (please note that it is for the Tribunal to decide whether or not to direct a witness).

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, clearly indicating where applicable, any particular passages to be relied on.

Submission

1:_______________________________________________________________________________

Submission

2:_______________________________________________________________________________

Submission

3:____________________________________________________________________________

etc.

Authority

1:_______________________________________________________________________________

Authority

2:_______________________________________________________________________________

Authority

3:____________________________________________________________________________

etc.

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.

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(es).

Witnesses

Name

Contact details

*

Language

**

Nature, purpose and relevance of the evidence

Do you wish the Tribunal to direct the attendance of this witness?

***

Yes / No

Yes / No

Yes / No

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.

8. Communications to the Tribunal

All communications to the Tribunal should be sent by registered post, or faxed (and confirmed by a successful transmission report), or delivered to the Refugee Appeals Tribunal

(insert address here)

- the Tribunal will issue you with a receipt which you should retain as proof of such delivery.

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