International Protection Act 2015

39.

Report of examination of application

39.      (1) Following the conclusion of an examination of an application for international protection, the international protection officer shall cause a written report to be prepared in relation to the matters referred to in section 34 .

(2) The report under subsection (1) shall—

(a) refer to the matters relevant to the application which are—

(i) raised by the applicant in his or her application, preliminary interview or personal interview or at any time before the conclusion of the examination, and

(ii) other matters the international protection officer considers appropriate,

(b) set out the recommendation of the international protection officer in relation to the application, and

(c) set out any of the findings referred to in subsection (4) in relation to the application.

(3) The recommendation of the international protection officer in relation to the applicationshall be based on the examination of the application and shall be that—

(a) the applicant should be given a refugee declaration,

(b) the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or

(c) the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.

(4) Where a report under this section includes a recommendation of the international protection officer referred to in subsection (3)(c), the report may also include one or more of the following findings:

(a) that the applicant, in submitting his or her application and in presenting the grounds of his or her application in his or her preliminary interview or personal interview or at any time before the conclusion of the examination, has raised only issues that are not relevant or are of minimal relevance to his or her eligibility for international protection;

(b) that the applicant has made inconsistent, contradictory, improbable or insufficient representations which make his or her claim to be eligibile for international protection clearly unconvincing;

(c) that the applicant has failed without reasonable cause to make his or her application as soon as reasonably practicable having had opportunity to do so;

(d) that the applicant, for a reason referred to in section 32 , is not in need of international protection;

(e) that the applicant’s country of origin is a safe country of origin.

(5) Where a recommendation referred to in subsection (2)(b) cannot be made within 6 months of the date of application, the Minister shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommendation may be made.

(6) The provision under subsection (5) by the Minister of an estimated time within which a recommendation may be made shall not of itself oblige the international protection officer to make a recommendation within that time.

(7) A report under this section shall, as soon as practicable after it is prepared, be furnished to the Minister.