Process Within The Tribunal Hearing Rooms
Conduct of oral hearing:
An applicant may request an oral hearing when making an appeal where section 13(4) of the Refugee Act, 1996 (as amended) applies. An oral hearing is held in private (section 16(14) of the Act). Under section 16(15) of the Act, the United Nations High Commissioner for Refugees which includes the Representative for Ireland of the High Commissioner, may be present at an oral hearing for the purpose of observing the proceedings. Where an applicant requests the attendance of an interpreter, the Tribunal shall use its utmost endeavours to procure an interpreter to assist at the hearing (section 16(11)(d) of the Act).
An oral hearing is conducted in accordance with Regulation 9 of the Refugee Act 1996 (Appeals) Regulations 2003. In conducting an oral hearing the Member of the Tribunal shall
(a) ensure that the applicant, his or her legal representative, if any, the Refugee Applications Commissioner or an authorised officer and the High Commissioner, if present, are informed of the order of proceedings which the Tribunal proposes to adopt;
(b) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency;
(c) decide the order of appearance of the applicant and the Refugee Applications
Commissioner or authorised officer and any witnesses;
(d) ensure that the oral hearing proceeds with due expedition;
(e) allow for the examination and cross-examination of the applicant, any witnesses and
the Refugee Applications Commissioner or authorised officer; and
(f) ensure that a witness shall be present at the oral hearing only for the duration of his or her evidence.
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