International Protection Act 2015

71.

Transitional provisions relating to Refugee Appeals Tribunal

71.      (1) With effect from the establishment day, the administration and business in connection with the performance of any functions of the former Tribunal under the Act of 1996, the Regulations of 2006, the Regulations of 2013 and the Dublin System Regulations are transferred, to the Tribunal.

(2) For the purposes of subsection (1), and subject to subsection (4), the chairperson of the Tribunal shall perform the functions of the chairperson of the former Tribunal under the Act of 1996 and the Regulations of 2013.

(3) For the purposes of subsection (1), a member of the Tribunal to whom is assigned an appeal made by a person to whom subsection (7) or (8) of section 70 applies shall decide that appeal in accordance with the Act of 1996 and the Regulations of 2006 or the Regulations of 2013, as the case may be, and, for that purpose, perform the functions of a member of the former Tribunal under that Act or those Regulations.

(4) On and after the establishment day, the assignment to members of the Tribunal of appeals made by persons to whom subsection (7) or (8) of section 70 applies shall be subject to the provisions of this Act and not the Act of 1996 or the Regulations of 2013.

(5) Where the former Tribunal is a party to legal proceedings pending immediately before the establishment day which relate to functions which, on and after that date, are functions of the Tribunal, the Tribunal shall, insofar as the proceedings relate to those functions, be substituted in the proceedings for the former Tribunal and the proceedings shall not abate by reason of the substitution.

(6) The person who, immediately before the date on which this subsection comes into operation, was the chairperson of the former Tribunal shall, notwithstanding any contract of service and with the person’s consent, on and after that date, be deemed to have been appointed chairperson of the Tribunal and shall hold office for the unexpired term of his or her appointment as chairperson of the former Tribunal.

(7) A person who, immediately before the date on which this subsection comes into operation, was a member of the former Tribunal shall, notwithstanding any contract for service and with the person’s consent, on and after that date, be deemed to have been appointed in a part-time capacity to the Tribunal and shall hold office for the unexpired term of his or her appointment as a member of the former Tribunal.

(8) The person who, immediately before the date on which this subsection comes into operation, was the Principal Officer of the former Tribunal shall, with the person’s consent, on and after that date, be deemed to have been appointed Registrar and shall hold office until a person is appointed under section 66(1) to be Registrar.

(9) In this section—

“establishment day” means the day appointed by the Minister under section 61(2) on which the International Protection Appeals Tribunal stands established;

“former Tribunal” means the Refugee Appeals Tribunal established under section 15 of the Act of 1996.