International Protection Act 2015

41.

Appeal to Tribunal

41.      (1) An applicant may, in accordance with regulations under subsection (4) (if any), appeal to the Tribunal against—

(a) a recommendation, referred to in section 39(3)(b) , that an applicant should not be given a refugee declaration, or

(b) a recommendation, referred to in section 39(3)(c) , that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.

(2) An appeal under subsection (1) shall be brought by notice in writing—

(a) within such period from the date of the sending to the applicant of the notification under section 40 as may be prescribed under section 77 ,

(b) specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.

(3) On receipt of a notice under subsection (2), the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.

(4) The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals under subsection (1), including the holding of oral hearings.

Annotations:

Modifications (not altering text):

C7

Section applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 16(5).

Applicant for subsidiary protection under Regulations of 2006 to whom Article 18(1)(d) applies

16. ...

(5) An appeal under paragraph (2) made in accordance with paragraph (4) shall be deemed to be an appeal under section 41(1)(b) of the Act of 2015, and the provisions of that Act shall apply to the appeal, with the following modifications and any other necessary modifications—

(a) the determination of the Minister, referred to in paragraph (1)(b), shall be deemed to be a recommendation, referred to in section 39(3)(c) of that Act, of an international protection officer that the person should be given neither a refugee declaration nor a subsidiary protection declaration,

(b) the appeal shall be deemed to have been made only in respect of the part of the recommendation referred to in paragraph (a) that recommends that the person should not be given a subsidiary protection declaration, and

(c) a reference in that Act to a notice of appeal under section 41(2) shall be deemed to be a reference to the person’s notice of appeal under paragraph (4)(b).

...

Editorial Notes:

E16

Power pursuant to subs. (4) exercised (29.03.2017) by International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116 of 2017).