Admissibility procedure

Republic of Ireland

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

Author

Irish Refugee Council Visit Website

General (scope, criteria, time limits)

 

Section 21 IPA contains provisions outlining the circumstances under which an application may be deemed inadmissible by the presiding International Protection Officer. According to Section 21(2) IPA, an application for international protection may be deemed inadmissible where:

  1. Another Member State has granted refugee status or subsidiary protection to the applicant; or
  2. A country other than a Member State is a First Country of Asylum for the applicant.

Where the international protection officer is of the opinion that the above inadmissibility criteria are met, he or she shall make a recommendation to the Minister that the application be deemed inadmissible. In such circumstances, the Minister shall notify the applicant and his or her legal representative of the recommendation, including a statement of the reasons for the recommendations, a copy of the international protection officer’s report and a statement informing the person of their entitlements, including the right to an appeal (without an oral hearing) to the IPAT within ten days of receiving the decision.

           

Personal interview

 

All applicants upon lodging an application for international protection at the IPO are granted a preliminary interview to obtain basic information about the applicant and their claim. This preliminary interview may also be carried out by an immigration officer and it is unclear from the wording of the legislation if this could occur at the frontiers of the State at ports of entry. Section 13(2) IPA states that a preliminary interview with the applicant shall be conducted to ascertain, among other things, whether any circumstances giving rise to inadmissibility considerations may arise. If any of the inadmissibility criteria arising under Section 21(2) IPA are identified, then a recommendation is made by the IPO to the Minister that the application be deemed inadmissible and an application for international protection may not proceed.

 

Appeal

   

Where an inadmissibility recommendation is made, the applicant may make an appeal against that decision within a timeframe designated by the Minister. The time limit for appealing inadmissibility decisions has been set at ten working days according to International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116/2017), prescribing specific time periods for different classes of appeal.[1] In 2019, the IPAT received 26 appeals against inadmissibility decisions. No data is available for 2019.

Under Section 21(6) IPA, a person who receives notification from the Minister detailing the inadmissibility of their case, at the same time receives a written statement setting out the reasons for the inadmissibility finding and informing the person of his or her entitlement to appeal to the IPAT against such a recommendation.

The appeal procedure against inadmissibility decisions differs from the Regular Procedure: Appeal insofar as there is no option for an oral hearing.[2]

 

Legal assistance

 

All asylum applicants can register with the Legal Aid Board as soon as they have made their application to the IPO. Information and guidance on legal advice is contained in Section 3.14 of the Information Booklet provided to applicants with the questionnaire that they are required to fill out as part of their application. Applicants who access the Legal Aid Board are assigned a solicitor and a caseworker.

However, if the inadmissibility procedure happens prior to being provided with a Questionnaire or at the frontiers of the State it is likely that the applicant will not know how to avail themselves of legal advice so in practice may not receive assistance in an admissibility procedure. Furthermore the guidance issued by the Legal Aid Board to solicitors on its private practitioner’s panel appears to indicate that legal advice is only available once the applicant has been admitted into the single procedure.[3] The lack of transparency with respect to the information and legal assistance provided to persons refused access to the international protection procedure, particularly at the frontiers of the State who are refused ‘leave to land’, remains an ongoing concern. The Concluding Observations of the UN Committee against Torture specifically called on the Irish State to ensure that all persons refused ‘leave to land’ are provided with legal advice informing them of their right to seek international protection, in a language they can understand.[4]

 


[1] Section 21(6) IPA; Section 3(a) International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.

[2] Section 21(7) IPA.

[3] Legal Aid Board, Best Practice Guidelines, Information Note for Private Practitioners, February 2017, available at: https://bit.ly/2ZVaxTW.

[4]  UN Committee against Torture, Concluding Observations on the Second Periodic Report of Ireland, August 2017, available at: http://bit.ly/2hPIVem, para 12(e).

 

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