legal and social conditions for asylum seekers and refugees in ...

Appeal
the Refugee Applications Commissioner. The Commissioner will instruct his/her officers to
interview applicants and the officer will submit a written report of each interview to the
Commissioner. The interview, “where necessary and possible”, will be conducted with the
assistance of an interpreter. Applicants may make written representations through UNHCR and
the applicant's legal adviser. The Commissioner is obliged to take account of such
representations.
The Commissioner may request the Ministers for Justice and for Foreign Affairs or other
appropriate persons to furnish him/her with information necessary for the purposes of his/her
investigations. The Commissioner shall keep the applicant informed of progress in his/her case,
providing copies of reports, documents or representations submitted to him/her during the course
of the proceedings. All such information is to be kept confidential. The Commissioner is obliged to
inform the applicant of the procedures by which his/her claim is being investigated and of his/her
entitlement to consult a solicitor, to contact UNHCR and to make written submissions to the
Commissioner. It is the applicant's duty to co-operate fully in the investigation and to notify the
Commissioner if he/she changes address.
Section 13 states that when the Commissioner finishes his/her investigation, he/she shall prepare
a written report of the results of the investigation and forward it to the Minister.
The Commissioner must have at least seven years of experience as a practising
barrister/solicitor. He/she is nominated for a term of office lasting three years on a renewable
basis, and is required to act independently in his/her capacity as Refugee Applications
Commissioner. The first Refugee Applications Commissioner has recently been appointed.
Procedures for Processing Asylum Claims
According to Section 11 of the Procedures for Processing Asylum Claims an applicant may
appeal against a negative decision of the Minister to the Appeals Authority within 14 days of
notification. Such appeal has suspensive effect.
The applicant must specify if an oral hearing is required, otherwise the Appeals Authority may
consider the case on the papers only. The majority of applicants request an oral hearing.
An Appeals Authority is a person appointed by the Minister of Justice, Equality and Law Reform,
but who is independent of both the Minister and the Department, with at least ten years practice
as a solicitor or a barrister. There are currently 14 Appeals Authorities.
The Appeals Authority makes a recommendation to the Minister on whether or not refugee status
should be granted. An officer of the Department of Justice, Equality and Law Reform makes a
final decision on the Minister’s behalf, which is based on the recommendation of the Appeals
Authority. When making the decision, issues of national security and public order are taken into
account.
In 1998 and 1999, respectively 40 and 351 applicants were recognised as refugees following
appeal.
1996 Refugee Act
Sections 15 and 16 of the 1996 Refugee Act have been amended by the 1999 Immigration Act.
The new sections provide that a Refugee Appeals Tribunal shall be established to consider and
decide appeals. This tribunal shall be independent in the performance of its functions. It will
consist of a Chairperson and ordinary members appointed by the Minister. These members will
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