International Protection Act 2015

46.

Decision of Tribunal on appeal

46.      (1) Before reaching a decision under subsection (2) or (3), the Tribunal shall consider the following:

(a) the notice of appeal;

(b) all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the applicant should be given a refugee declaration or, as the case may be, a subsidiary protection declaration;

(c) the recommendation under appeal;

(d) any observations made to the Tribunal by the Minister or the High Commissioner;

(e) where an oral hearing has been held, the evidence adduced and any representations made at that hearing;

(f) such other matters as the Tribunal considers relevant to the appeal.

(2) In relation to an appeal under section 41(1)(a) the Tribunal may decide to—

(a) affirm the recommendation that the applicant should not be given a refugee declaration, or

(b) set aside the recommendation that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration.

(3) In relation to an appeal under section 41(1)(b) the Tribunal may decide to—

(a) affirm the recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration,

(b) set aside the part of the recommendation that recommends that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration, or

(c) affirm the recommendation that the applicant should not be given a refugee declaration and set aside the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration and recommend that the applicant be given a subsidiary protection declaration.

(4) In relation to an appeal under section 41(1)(a) , the Tribunal shall decide to make the affirmation referred to in subsection (2)(a), unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee.

(5) In relation to an appeal under section 41(1)(b) , the Tribunal shall decide to make the affirmation referred to in subsection (3)(a) unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee or, as the case may be, a person eligible for subsidiary protection.

(6) A decision of the Tribunal under subsection (2) or (3) and the reasons for it shall be communicated by the Tribunal to the applicant concerned and his or her legal representative (if known), and the Minister.

(7) A decision of the Tribunal under subsection (2) or (3) (other than a decision under subsection (3)(c)) shall be communicated to the High Commissioner.

(8) The Tribunal shall furnish the applicant concerned and his or her legal representative (if known), and the High Commissioner whenever so requested by him or her, with—

(a) copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Minister, copies of which have not been previously furnished to the applicant and his or her legal representative (if known), or as the case may be, the High Commissioner, and

(b) an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal.