If your application for refugee status in Ireland is refused

Information

A number of different types of a negative recommendation may apply depending on the nature of your case.

Where the Refugee Applications Commissioner makes a recommendation that you should not be declared a refugee because your application was withdrawn or where your application is deemed to be withdrawn, the Minister for Justice and Equality will be advised of this recommendation and you will be notified of this by registered post. There is no appeal against any such recommendation.

Where the Refugee Applications Commissioner makes a recommendation that you should not be declared a refugee, the normal position is that you may appeal to the Refugee Appeals Tribunal against the recommendation within 15 working days from the sending of the notice. The notice will be sent to you by registered post, and to your solicitor (if known). You will also be furnished with the reasons for the recommendation including the material which was relied upon in coming to a recommendation. You are entitled to request an oral hearing for this appeal. If you appeal but do not request an oral hearing, your appeal will be dealt with by the Tribunal without an oral hearing.

Where the Refugee Applications Commissioner's negative recommendation includes among its findings any one of the additional findings (called "Section 13(6) findings") listed below, you may appeal to the Refugee Appeals Tribunal against the recommendation within 10 working days from the sending of the notice. The notice will be sent to you by registered post and to your solicitor (if known). You will also be furnished with the reasons for the recommendation including the material which was relied upon in coming to a recommendation. Any such appeal will be dealt with by the Tribunal without an oral hearing.

Section 13(6) findings:

• That the applicant showed either no basis or a minimal basis for the contention that he or she is a refugee
• That the applicant made statements or provided information in support of the application of such a false, contradictory, misleading or incomplete nature as to lead to the conclusion that his or her application is manifestly unfounded
• That the applicant, without reasonable care, failed to make an application as soon as reasonably practicable after arrival in the State
• That the applicant had lodged a prior application for asylum in another state party to the Geneva Convention (whether or not that application had been determined, granted or rejected); or
• That the applicant is a national of, or has a right of residence in, a safe country of origin for the time being so designated by the Minister for Justice by order under section 12(4) of the Refugee Act 1996, as amended.

The Minister for Justice has the power to direct certain categories of applications to be dealt with in accordance with procedures set out in section 13(8) of the Refugee Act. If the Minister for Justice issues such a direction and your application is to be dealt with in this way, you will be notified in writing in advance by the Commissioner, as will your solicitor (if known).

Under the procedures set out at section 13(8), should a negative recommendation be made by the Commissioner and should any one of the additional findings listed in section 13(6) of the Act apply, you will have four working days to appeal from the sending of the notice. The notice will be sent to your solicitor (if known). You will be furnished with the reasons for the recommendation, including the material which was relied upon in coming to a recommendation. Any such appeal will be dealt with by the Tribunal without an oral hearing.

If you decide to appeal

If you decide to appeal, the following procedure should be followed:

• The appeal must be made in writing on an official Notice of Appeal form, which will be included with the notification from the Refugee Applications Commissioner. The Notice of Appeal form must be completed and submitted to the Refugee Appeals Tribunal 6-7 Hanover Street, Dublin 2, within the specified time limits set out in paragraphs ii, iii and iv above. The Notice of Appeal must be completed in full including grounds of appeal by either you or your solicitor.
• It is your responsibility to prove that your appeal was lodged within the permitted time limit. If posted, the Notice of Appeal must be sent by registered post and you must keep the certificate of registration you receive at the Post Office when you post the letter. If you wish to deliver the Notice by hand, you should hand it to a member of staff at the office of the Refugee Appeals Tribunal. You will be given a dated receipt and you should keep this receipt carefully. If you send the Notice by fax you must keep the successful transmission report.
• If you wish to obtain legal advice and you have not done so previously, you should do so immediately on receipt of your letter of refusal. In this regard, you may contact the Refugee Legal Service. You also have the option to engage private legal representation in relation to your appeal. However, the Refugee Appeals Tribunal will not refund any legal costs incurred in engaging private legal representation. If you wish to engage a solicitor, you should do so before completing the Notice of Appeal, because consideration of your appeal will be based on this Notice.
• You should give all documents sent to you by the Refugee Applications Commissioner to your solicitor.
• You must submit all supporting evidence and documentation with the Notice of Appeal, because these are the documents on which the appeal will be considered.
• You must also set out clearly the grounds of appeal.
• You must also inform the Tribunal of any change of address to the address provided in your Notice of Appeal.

Consideration of an appeal by the Refugee Appeals Tribunal without an oral hearing arising from paragraphs ii, iii, and iv above

The Refugee Appeals Tribunal will consider your appeal without an oral hearing (on the papers only) in accordance with ii, iii, or iv above based on:

• "Notice of Appeal" submitted by you or your solicitor,
• documents and reports furnished by the Refugee Applications Commissioner,
• any further supporting documents submitted by you and/or your solicitor,
• Notice of enquiries made or observations furnished by the Refugee Applications Commissioner under sections 16(6) and (7) of the Refugee Act 1996, as amended, if any, or any observations by the High Commissioner for Refugees.

Consideration of an appeal by the Refugee Appeals Tribunal with an oral hearing

• If you request an oral hearing the Refugee Appeals Tribunal will send a notification to you at least seven working days before the date of the hearing to attend the hearing.
• Your oral hearing will be conducted by a Member of the Refugee Appeals Tribunal.
• The hearing must be attended by you and your solicitor (if any) and any witnesses directed to attend by the Refugee Appeals Tribunal. The Refugee Applications Commissioner or an authorised officer of the Commissioner will also attend. The UNHCR may attend as an observer.
• Where you are entitled to an oral hearing, you must indicate this on your Notice of Appeal form. You may also request in your Notice of Appeal that a witness or witnesses attend to give evidence in support of your appeal. The notification of the date of your oral hearing will indicate whether your request for the attendance of a witness has been granted.
• In some cases, other observers may attend oral hearings at the discretion of the Refugee Appeals Tribunal.
• If you require an interpreter at your appeal hearing, every reasonable effort will be made to provide one. In your Notice of Appeal, you should specify the precise language or dialect for which you require interpretation. The sole function of the interpreter is to interpret the questions and your responses accurately and literally.
• The oral hearing will be conducted as informally as is practicable and in such a manner as to ensure that the proceedings are fair and transparent.
• You may withdraw a request for an oral hearing by giving written notice to the Tribunal not later than three working days before the hearing. The written notice must set out the reason for the withdrawal.

Failure to attend an oral hearing

Where you fail, without reasonable cause, to attend an oral hearing, then unless you furnish to the Tribunal, not later than three working days from the date fixed for the oral hearing, an explanation for not attending which the Tribunal considers reasonable in the circumstances, your appeal shall be deemed to be withdrawn. You and your solicitor (if known) will be notified of the withdrawal. The Minister for Justice and the Commissioner will also be notified of the withdrawal and the Minister shall refuse to give you a declaration as a refugee and will notify you that arrangements will be made for your removal from the State.

The failure of a witness to attend will not necessarily prevent the hearing to take place.

If you do not appeal

If you do not appeal to the Refugee Appeals Tribunal within the time allowed from the sending of the notification, the Refugee Applications Commissioner will recommend to the Minister for Justice that you should not be given a declaration as a refugee. The Minister may refuse to give you a declaration and may make arrangements for your removal from the State.

Outcome of your appeal

You and your solicitor (if known) will be notified in writing of the decision of the Refugee Appeals Tribunal. A copy of the decision will be forwarded to the Minister for Justice who, in the case of a negative recommendation, may refuse to give you a declaration as a refugee and make arrangements for your removal from the State. If the decision of the Refugee Appeals Tribunal is positive, you will receive a declaration as a refugee by the Minister subject to considerations of national security or public order.

Options available to you

Where the Minister proposes to make a deportation order requiring you to leave the State, you will be given four options. These options are:

• To make representations to the Minister within 15 working days setting out why you should be allowed to remain in the State
• To leave the State before the Minister decides the matter and inform the Minister in writing of the arrangements you have made for this purpose
• To consent to the making of the deportation order within 15 working days.
• To apply for a new form of protection, known as "subsidiary protection", under new Regulations (pdf) which came into effect on 10 October 2006. When you get the notice telling you that your application has been refused, an application form for subsidiary protection will be enclosed.