Refugee Act, 1996
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Appeals to Appeal Board. |
16.—(1) An applicant may appeal in the prescribed manner to the Appeal Board against a recommendation of the Commissioner under section 12 or 13 . | |
(2) The Appeal Board may— | ||
(a) affirm a recommendation of the Commissioner under section 13 , or | ||
(b) set aside a recommendation of the Commissioner under section 13 and recommend that the applicant should be declared to be a refugee, or | ||
(c) affirm a recommendation of the Commissioner under section 12 , or | ||
(d) set aside a recommendation of the Commissioner under section 12 and remit the application for a declaration to the Commissioner to carry out an investigation under section 11 . | ||
(3) An appeal under this section shall be brought by notice in writing within the period specified in section 12 (5) or 13 (2) (b), as may be appropriate, and the notice shall specify the grounds of appeal and shall indicate whether the applicant wishes the Appeal Board to hold an oral hearing for the purpose of his or her appeal. | ||
(4) The Appeal Board shall transmit a copy of the notice received by it under subsection (3) to the Minister, the Commissioner and the High Commissioner. | ||
(5) The Commissioner shall furnish the Appeal Board with copies of any reports, documents or representations in writing submitted to the Commissioner under section 11 or 12 and an indication in writing of the nature and source of any other information relating to the application which has come to the notice of the Commissioner in the course of an investigation by him or her. | ||
(6) The Appeal Board may, for the purposes of its functions under this Act, request the Commissioner to make such further inquiries and to furnish the Appeal Board with such further information as the Appeal Board considers necessary within such period as may be specified by the Appeal Board. | ||
(7) The Commissioner shall furnish the Appeal Board with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Appeal Board and a copy of such observations shall be furnished to the applicant concerned and his or her solicitor (if known). | ||
(8) The Appeal Board shall furnish the applicant concerned and his or her solicitor (if known) with copies of any reports, observations, or representations in writing or any other document, furnished to the Appeal Board by the Commissioner copies of which have not been previously furnished to the applicant pursuant to section 11 (6) and an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Appeal Board in the course of an appeal under this section. | ||
(9) An applicant may withdraw an appeal to the Appeal Board by sending notice of withdrawal to the Appeal Board. | ||
(10) The Appeal Board shall, where appropriate, following a notice under subsection (3), hold an oral hearing for the purpose of an appeal under this section. | ||
(11) (a) For the purposes of an oral hearing (if any) under this section, the Appeal Board may— | ||
(i) direct in writing any person whose evidence is required by the Appeal Board to attend before the Appeal Board on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction, | ||
(ii) direct any such person to produce any specified document or thing in his or her possession or control, or | ||
(iii) give any other directions for the purpose of an appeal that appear to the Appeal Board reasonable and just. | ||
(b) Subparagraphs (i) and (ii) of paragraph (a) shall not apply to a document or thing relating to information as respects which the Minister or the Minister for Foreign Affairs, as the case may be, directs (which he or she is hereby empowered to do) that the information be withheld in the interest of national security or public policy (“ordre public”). | ||
(c) The Appeal Board shall enable the applicant and the Commissioner or an authorised officer to be present at the hearing and present their case to the Appeal Board in person or through a legal representative or other person. | ||
(d) The Appeal Board shall, where necessary, use its utmost endeavours to procure the attendance of an interpreter to assist at the hearing. | ||
(12) Subject to subsection (13), a witness whose evidence has been or is to be given before the Appeal Board shall be entitled to the same privileges and immunities as a witness in a court. | ||
(13) Where information has been supplied to the Commissioner, a Department of State or another branch or office of the public service by or on behalf of the government of another state in accordance with an undertaking (express or implied) that the information would be kept confidential, the information shall not, without the consent of the other state, be produced or further disclosed otherwise than in accordance with the undertaking. | ||
(14) An oral hearing under this section shall be held in private. | ||
(15) Notwithstanding subsection (14), the High Commissioner may be present at an oral hearing under this section for the purpose of observing the proceedings. | ||
(16) Before deciding an appeal under this section, the Appeal Board shall consider the following: | ||
(a) the relevant notice under subsection (3), | ||
(b) the recommendation of the Commissioner under section 12 , or, as may be appropriate, the report of the Commissioner under section 13 , | ||
(c) any observations made to the Appeal Board by the Commissioner or the High Commissioner, | ||
(d) the evidence adduced and any representations made at an oral hearing, if any, and | ||
(e) any documents, representations in writing or other information furnished to the Commissioner pursuant to section 11 . | ||
(17) A decision of the Appeal Board under subsection (2) and the reasons therefor shall be communicated by the Appeal Board to the applicant concerned, his or her solicitor (if known), the Commissioner, the Minister and the High Commissioner. |