Passports Act 2008

19.

Appeals.

19.— (1) A person who, in relation to an application for the issue of a passport to him or her, is dissatisfied with a decision of the Minister under paragraph (b), (c), (d), (e), (f) or (g) of subsection (1), or subsection (2), of section 12 may appeal the decision to a passport appeals officer.

(2) A person who, in relation to the cancellation of a passport issued to him or her, is dissatisfied with a decision of the Minister under paragraph (a) (other than a decision on the ground that the person is not an Irish citizen), (c), (d), (e) or (f) of section 18(1) may appeal the decision to a passport appeals officer.

(3) A person who is entitled to apply for the issue of a passport on behalf of another person under section 6 may appeal a decision of the Minister referred to in subsection (1) or (2) on behalf of that other person.

(4) The Minister may appoint one or more persons who, in the opinion of the Minister, have knowledge or experience relating to the issue of passports, to be a passport appeals officer (in this Act referred to as “a passport appeals officer”).

(5) A passport appeals officer shall hold office for a term of 3 years.

(6) A passport appeals officer shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(7) A passport appeals officer may—

( a) resign from office by letter addressed to the Minister and the resignation shall take effect on the date on which the Minister receives the letter,

( b) be removed from office by the Minister but only if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her functions under this Act or has committed stated misbehaviour.

(8) A passport appeals officer shall be independent in the performance of his or her functions under this Act.

(9) An appeal under this section shall be made in writing to a passport appeals officer and shall be accompanied by a statement of the grounds relied on by the appellant.

(10) The passport appeals officer shall forward a copy of the appellant’s statement under subsection (9) to the Minister.

(11) The Minister shall furnish observations in writing relating to the grounds of appeal to the passport appeals officer and a copy of such observations to the appellant concerned and the appellant shall be afforded an opportunity to reply thereto.

(12) A passport appeals officer may, in determining an appeal under this section—

( a) confirm the decision of the Minister, or

( b) recommend that the decision of the Minister should be set aside,

and he or she shall inform the Minister and the appellant concerned by notice in writing of his or her determination and the reasons for it.

(13) Where the Minister does not accept the recommendation of a passport appeals officer under subsection (12)(b), the Minister shall inform the passport appeals officer and the appellant concerned by notice in writing and of the reasons for so doing.

(14) An appellant may withdraw an appeal under this section by sending a notice of withdrawal to the passport appeals officer.

(15) The Minister may prescribe time limits for the making and determination of appeals under this section and such ancillary, supplemental or consequential matters as may be necessary for giving full effect to this section.

Annotations:

Editorial Notes:

E3

Power pursuant to subs. (15) exercised (1.11.2008) by Passports (Appeals) Regulations 2008 (S.I. No. 413 of 2008), in effect as per reg. 1(2).