Accelerated procedure

Republic of Ireland

Country Report: Accelerated procedure Last updated: 30/11/20

Author

Irish Refugee Council Visit Website

General (scope, grounds for accelerated procedures, time limits)

Certain cases may be prioritised under Section 73 IPA under 10 grounds, as mentioned in the section on Prioritised Examination.

Whereas that prioritisation of cases does not generally entail different guarantees, Section 43 IPA foresees different rules for appeals in cases where the applicant:[1]

  • In submitting his or her application and in presenting the grounds for his or her application in his or her preliminary interview or personal interview or any time before the conclusion of the examination, has raised only issues that are not relevant or are of minimal relevance to his or her eligibility for international protection;
  • Has made inconsistent, contradictory, improbable or insufficient representations which make his or her claim to be eligible for international protection clearly unconvincing;
  • For a reason related to the availability of internal protection,[2] is not in need of international protection;
  • Failed to make an application as soon as reasonably practicable, without reasonable cause;
  • Comes from a Safe Country of Origin.

The existence of an internal protection alternative as a potential ground for accelerating appeals under Section 43 IPA raises serious concerns as if such a finding is made, it may significantly increase the number of persons who are subject to accelerated appeals.  

 

Personal interview

 

Personal interviews are conducted for all applicants at first instance. In practice there is no difference between the scope and format of a personal interview in the accelerated procedure and the normal procedure.

 

Appeal

 

Where an applicant is subject to the accelerated procedure it should continue like the regular procedure. However where the recommendation of the IPO includes one of the findings mentioned in the section on Accelerated Procedure: General there may be accelerated appeals under the IPA.

Under Section 43 IPA, applicants then have ten working days instead of 15 working days to make an appeal,[3] which shall be determined without an oral hearing, unless the Tribunal considers it necessary in the interests of justice to have such a hearing. The appeal is suspensive.

 

Legal assistance

 

Applicants under the accelerated procedure fall under the same rules for legal assistance as those who are not under the accelerated procedure. Practical obstacles in giving legal assistance in the accelerated procedure could include that the applicant has difficulty accessing legal representation or the legal representative has difficulty in assisting the applicant in the shorter time period.

 


[1] Section 43 IPA, citing Section 39(4) IPA.

[2] Section 32 IPA.

[3] Section 43(a) IPA; Section 3(d) International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation