Refugee Act 1996

F37 [ Recommendations and reports of Commissioner.

13

13. (1) Where the Commissioner carries out an investigation under section 11 he or she shall, as soon as may be, prepare a report in writing of the results of the investigation and such report shall refer to the matters raised by the applicant in the interview under section 11 and to such other matters as the Commissioner considers appropriate and shall set out the findings of the Commissioner together with his or her recommendation whether the applicant concerned should or, as the case may be, should not be declared to be a refugee.

(2) Where an application for a declaration is withdrawn or deemed to be withdrawn pursuant to section 9 or 11, then

( a ) any investigation under section 11 shall be terminated,

( b ) the report referred to in subsection (1) shall state that the application has been withdrawn or deemed to be withdrawn, as the case may be, and shall include a recommendation that the applicant concerned should not be declared to be a refugee, and

( c ) no appeal under section 16 shall lie against a recommendation under paragraph ( b ).

(3) The Commissioner shall, if so requested by the High Commissioner, notify him or her of the making of the recommendation under subsection (1).

(4) ( a ) The Commissioner shall send a copy of a report under subsection (1) to the applicant concerned, to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

( b ) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that the applicant should not be declared to be a refugee, the Commissioner shall, subject to subsections (5) and (8), send a notice in writing to the applicant stating that the applicant may appeal to the Tribunal under section 16 against the recommendation and may request an oral hearing within 15 working days from the sending of the notice.

( c ) Where the applicant has not appealed against the recommendation referred to in paragraph ( b ) within 15 working days after the sending of a notice under that paragraph, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

( d ) Where a report under subsection (1) includes a recommendation that the applicant should be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

( e ) Where a report under subsection (1) includes a recommendation pursuant to subsection (2) that the applicant should not be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

(5) Where a report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and includes among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (8), apply:

( a ) the notice under paragraph ( b ) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 10 working days from the sending of the notice, and that any such appeal will be determined without an oral hearing;

( b ) notwithstanding paragraph ( c ) of subsection (4), where the applicant has not appealed against the recommendation within 10 working days after the sending of a notice under paragraph ( b ) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(6) The findings referred to in subsection (5) are

( 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); or

( 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 order under section 12(4).

(7) ( a ) The Minister may give a direction in writing to the Commissioner requiring him or her to investigate under section 11 such class of applications as may be specified in the direction in accordance with the procedures referred to in subsection (8) and the Commissioner shall comply with a direction given to him or her under this subsection.

( b ) The Minister may by a direction revoke or alter a direction given by him or her under paragraph ( a ).

(8) Where an application referred to in subsection (7) has been investigated under section 11 and the relevant report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and contains among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (9), apply:

( a ) the notice under paragraph ( b ) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 4 working days from the sending of the notice, and that any such appeal will be determined without an oral hearing,

( b ) notwithstanding paragraph ( c ) of subsection (4), where the applicant has not appealed against the recommendation within 4 working days after the sending of a notice under paragraph ( b ) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(9) ( a ) Where an application is to be investigated in accordance with the procedures referred to in subsection (8), the Commissioner shall notify the applicant accordingly in writing and shall send a copy of the notice to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

( b ) Paragraphs ( a ) and ( b ) of subsection (8) shall not apply to such an application unless the applicant concerned and his or her solicitor (if known) have been notified in accordance with paragraph ( a ).

(10) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that the applicant should not be declared to be a refugee, then, subject to subsection (11), the Commissioner shall furnish the applicant concerned and his or her solicitor (if known) and the High Commissioner, whenever so requested by him or her, with copies of any reports, documents or representations in writing submitted to the Commissioner under section 11 and an indication in writing of the nature and source of any other information relating to the application which has come to the notice of the Commissioner in the course of an investigation by him or her under that section.

(11) Where information has been supplied to the Commissioner, a Department of State or another branch or office of the public service by or on behalf of the government of another state in accordance with an undertaking (express or implied) that the information would be kept confidential, the information shall not, without the consent of the other state, be produced or further disclosed otherwise than in accordance with the undertaking. ]

F38 [ (12) If a recommendation under subsection (1) cannot be made within 6 months of the date of the application for a declaration under section 8, the Commissioner shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommendation may be made.

(13) The provision under subsection (12) by the Commissioner of an estimated time within which a recommendation may be made shall not of itself oblige the Commissioner to make a recommendation within that time. ]

Annotations:

Amendments:

F37

Substituted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(h), S.I. No. 415 of 2003.

F38

Inserted (1.03.2011) by European Communities (Asylum Procedures) Regulations 2011 (S.I. No. 51 of 2011), reg. 6, in effect as per reg. 1(2).

Modifications (not altering text):

C8

Application of section extended (25.11.2014) by European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014), reg. 10(5)(b).

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

10. ...

(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.

...

Editorial Notes:

E27

Comprehension requirement under certain conditions in relation to recommendation under subs. (1) imposed (1.03.2011) by Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011), reg. 5, in effect as per reg. 1(2).

E28

Previous affecting provision: subs. (3)(c) amended (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29/2000), s. 9(b), S.I. No. 266 of 2000; substituted as per F-note above.

E29

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