Refugee Act, 1996

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Manifestly unfounded applications.

12.—(1) Where, at any time following the receipt of an application referred to the Commissioner under section 8 or 22 , the Commissioner is of opinion that the application is manifestly unfounded, he or she shall, as soon as may be, notify the applicant concerned in writing of his or her opinion (including the reasons for it) and of the applicant's entitlement to request an interview with an authorised officer by sending a notice in writing to the last known address of the applicant and shall at the same time send a copy thereof to the applicant's solicitor (if known).

(2) Where a notice has been sent under subsection (1), the applicant concerned may, within 14 days of the sending of the notice, make representations in writing to the Commissioner and the Commissioner shall, before making a recommendation on the matter to the Minister, take into consideration any representations duly made to him or her under this subsection and shall, if so requested by the applicant, direct an authorised officer or officers to interview the applicant in accordance with section 11 (2).

(3) Where, following consideration by the Commissioner of any representations made under subsection (2) or any report furnished under section 11 (2), the Commissioner remains of the opinion that the application concerned is manifestly unfounded, he or she may make a recommendation that the applicant concerned should not be declared to be a refugee and shall send a copy of the recommendation and of the reasons for it to—

(a) the Minister,

(b) the applicant,

(c) the High Commissioner, and

(d) the Appeal Board.

(4) In this section “a manifestly unfounded application” means an application—

(a) which does not show on its face any grounds for the contention that the applicant is a refugee,

(b) in relation to which the applicant gave clearly insufficient details or evidence to substantiate his or her application,

(c) in relation to which the Commissioner is satisfied that the applicant's reason for leaving or not returning to his or her country of nationality does not relate to a fear of persecution,

(d) in relation to which the applicant did not reveal following the making of an application under section 8 that he or she was travelling under a false identity or was in possession of false or forged identity documents and did not have reasonable cause for not so revealing,

(e) in relation to which the applicant, without reasonable cause, made deliberately false or misleading representations of a material or substantial nature in relation to his or her application,

(f) in relation to which the applicant, without reasonable cause and in bad faith, destroyed identity documents, withheld relevant information or otherwise deliberately obstructed the investigation of his or her application,

(g) in relation to which the applicant deliberately failed to reveal that he or she had lodged a prior application for asylum in another country,

(h) in relation to which the applicant submitted the application for the sole purpose of avoiding removal from the State,

(i) prior to which the applicant had made an application for a declaration or an application for recognition as a refugee in a state party to the Geneva Convention, and the Commissioner is satisfied that his or her application was properly considered and rejected and the applicant has failed to show a material change of circumstances,

(j) by an applicant who is a national of or has a right of residence in a state party to the Geneva Convention in respect of which the applicant has failed to adduce evidence of persecution,

(k) by an applicant who, after making the application has, without reasonable cause, left the State without leave or permission or has not replied to communications addressed to the person from the Commissioner, or

(l) prior to which the applicant has been recognised as a refugee under the Geneva Convention by a state other than the State, has been granted asylum in that state and his or her reason for leaving or not returning to that state does not relate to a fear of persecution in that state.

(5) The Commissioner shall, when sending a copy of the recommendation to the applicant under subsection (3), at the same time send to the applicant a notice in writing stating that the applicant may appeal to the Appeal Board under section 16 against the recommendation and may request an oral hearing within 14 days from the sending of the notice.