Refugee Act 1996

Investigation of applications by Commissioner.

11

11. F25 [ (1) Where an application is received by the Commissioner under section 8 and the application is not withdrawn or deemed to be withdrawn pursuant to this section or section 9 or 22, it shall be the function of the Commissioner to investigate the application for the purpose of ascertaining whether the applicant is a person in respect of whom a declaration should be given. ]

F25 [ (2) In a case to which subsection (1) applies, the Commissioner shall, for the purposes of that provision, direct an authorised officer or officers to interview the applicant concerned and the officer or officers shall comply with any such direction and furnish a report in writing in relation to the interview concerned to the Commissioner F26 [ ] . ]

F27 [ (2A) An applicant interviewed under subsection (2) shall, whenever necessary for the purpose of ensuring appropriate communication during the interview, be provided by the Commissioner with the services of an interpreter.

(2B) An interview under subsection (2) shall take place without the presence of family members of the applicant unless the Commissioner considers it necessary for an appropriate investigation to have other family members present. ]

F25 [ (3)( a ) The applicant concerned, the High Commissioner or any other person concerned may make representations in writing to the Commissioner in relation to any matter relevant to an investigation by him or her under this section and the Commissioner shall take account of any such representations made before or during an interview under subsection (2).

( b ) The High Commissioner may, whenever he or she so requests, be present at an interview under subsection (2). ]

(4) ( a) The Commissioner may, for the purposes of his or her functions under this Act, by notice in writing, request the Minister, the Minister for Foreign Affairs or such other persons as may be specified in the notice to make such inquiries and to furnish to him or her such information in his or her possession or control as he or she may reasonably require within such period as shall be specified in the notice.

( b) Following the receipt of a request under subsection (1), the Minister or the Minister for Foreign Affairs, as the case may be, may withhold any information in his or her possession or control in the interest of national security or public policy (“ ordre public”).

(5) Nothing in the Data Protection Act, 1988, shall be construed as prohibiting a person from giving to the Commissioner, on request by him or her, such information as is in the person’s possession or control relating to the application.

(6) F28 [ ]

(7) F28 [ ]

(8) F29 [ On receipt by the Commissioner of an application under the provisions of this Act, ] the Commissioner shall, without delay, give or cause to be given to the applicant a statement in writing specifying, where possible in a language that he or she understands—

( a) the procedures to be observed in the investigation of applications under this section,

( b) the entitlement of the applicant to consult a solicitor,

( c) the entitlement of the applicant to contact the High Commissioner,

( d) the entitlement of the applicant to make written submissions to the Commissioner,

F25 [ ( e )     the duty of the applicant to co-operate with the Commissioner and to furnish information relevant to his or her application for a declaration,

( f )     the obligation of the applicant to comply with subsections (4), (4A) and (5) of section 9 and the possible consequences of non-compliance with that obligation including the possibility that his or her application for a declaration may be deemed to be withdrawn and that the Minister may refuse to give the applicant a declaration, ]

F30 [ ( g )     the possible consequences of the failure of the applicant to attend an interview under this section. ]

F25 [ (9) An applicant may withdraw his or her application for a declaration by sending notice of withdrawal to the Commissioner. ]

F30 [ (10) Where an applicant does not attend for interview with an authorised officer under this section on the date and at the time fixed for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Commissioner with an explanation for the non-attendance which in the opinion of the Commissioner is reasonable in the circumstances, his or her application shall be deemed to be withdrawn.

(11) Where

( a ) it appears to the Commissioner that an applicant is failing in his or her duty to co-operate with the Commissioner or to furnish information relevant to his or her application for a declaration, or

( b ) the Minister notifies the Commissioner that he or she is of opinion that the applicant is in breach of subsection (4)( a ), (4A) or (5) of section 9,

the Commissioner shall send to the applicant a notice in writing inviting the applicant to indicate in writing (within 15 working days of the sending of the notice) whether he or she wishes to continue with his or her application and, if an applicant does not furnish an indication within the time specified in the notice, his or her application for a declaration shall be deemed to be withdrawn.

(12) The procedures to be followed in investigations under this section may be prescribed and different procedures may be prescribed for different classes of applications. ]

Annotations:

Amendments:

F25

Substituted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(e)(i)-(iii), (v), (vi), S.I. No. 415 of 2003.

F26

Deleted (1.03.2011) by European Communities (Asylum Procedures) Regulations 2011 (S.I. No. 51 of 2011), reg. 4(a), in effect as per reg. 1(2).

F27

Inserted (1.03.2011) by European Communities (Asylum Procedures) Regulations 2011 (S.I. No. 51 of 2011), reg. 4(b), in effect as per reg. 1(2).

F28

Deleted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(e)(iv), S.I. No. 415 of 2003.

F29

Substituted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(g)(i), (ii), (v), S.I. No. 9 of 2000.

F30

Inserted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(e)(v), (vi), S.I. No. 415 of 2003.

Modifications (not altering text):

C7

Application of section extended (25.11.2014) by European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014), reg. 10.

Applicant under section 8 of Act of 1996 to whom Article 18(1)(c) of EU Regulation applies

10. (1) This Regulation applies to a person—

(a) to whom Article 18(1)(c) of the EU Regulation applies,

(b) who has made an application under section 8 of the Act of 1996, which application was, under that Act, withdrawn or deemed to have been withdrawn,

(c) who is present in the State, and

(d) whom the Commissioner has agreed to take back on the grounds that the State is the Member State responsible under the EU Regulation for examining the person’s application for international protection.

(2) A person to whom this Regulation applies may, in accordance with this Regulation, make an application for the completion of the investigation under section 11 of the Act of 1996 of his or her application under section 8 of that Act.

(3) The Commissioner shall send a person to whom this Regulation applies, and his or her legal representative (if known), a notice in writing informing him or her of—

(a) his or her entitlement to make an application under paragraph (2), and

(b) the requirements under paragraph (4) for the making of such an application.

...

(5) On receipt of an application under paragraph (2) that is made in accordance with paragraph (4), the Commissioner shall proceed to complete his or her investigation under section 11 of the Act of 1996 of the person’s application under section 8 of that Act and, for the purposes of such an investigation—

(a) the provisions of the Act of 1996 shall, subject to paragraph (b) and any other necessary modifications, apply, and

(b) where the Commissioner had, under section 13(1) of the Act of 1996 and before the sending of the notice under paragraph (3), sent the person a copy of a report to which section 13(2) of the Act of 1996 applies, section 13 of the Act of 1996 shall apply to that investigation as if that report had not been prepared.

(6) Notwithstanding anything contained in those Regulations, Regulations 11, 12, 13, 14 and 15 shall not apply to a person to whom this Regulation applies.

Editorial Notes:

E22

Procedure for conduct of interview under section prescribed (1.03.2011) by Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011), reg. 3, in effect as per reg. 1(2).

E23

Previous affecting provision: section amended (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(g), S.I. No. 9 of 2000; superseded in part as per F-notes above.