Frequently Asked Questions
- What is the Refuge Appeals Tribunal?
The Refugee Appeals Tribunal is an independent body which decides asylum appeals against the negative recommendation of the Office of the Refugee Applications Commissioner to grant an applicant refugee status. The Refugee Appeals Tribunal also decides appeals with regard to decisions of the Office of the Refugee Applications Commissioner under Dublin Regulation II.
The appeal will be assigned to one of the Members of the Tribunal. The Member will then decide whether to affirm or set aside the original recommendation of the Office of the Refugee Applications Commissioner upon examination of the appeal.
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- How are appeals assigned to Members of the Tribunal?
The assignment of cases to Members of the Tribunal is carried out in accordance with the requirements of the Refugee Act 1996 and in this regard please refer to paragraphs 14 and 15 of the second schedule to the Act.
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- Can I have legal representation when dealing with my appeal?
Yes, we actually strongly recommend so. If you are unable to contact a private solicitor for economic reasons, the Refugee Legal Service will be able to assist you with your appeal by providing legal advice and legal representation. The contact details of the Refugee Legal Service are as follows:
Refugee Legal Service
48-49 North Brunswick Street
Georges Lane
Smithfield
Dublin 7
Tfno: 01 6469600
Freeline: 1890 201 458
RLS Website : www.legalaidboard.ie
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If you want to appeal your case you should complete the Notice of Appeal Form. You should contact your solicitor immediately after you receive your letter from the Commissioner to help you complete the form and give you legal advice on your appeal. If you do not have a solicitor, you must complete the form yourself. This Form is attached to the letter from the Refugee Applications Commissioner that informs you that your application for refugee status has been refused. The form is also available for download from the Tribunals website. Once you have completed your Notice of Appeal Form, you should send it to the following address:
The Chairperson
Refugee Appeals Tribunal
6/7 Hanover Street East
Dublin 2
Alternatively you can fax it to the following number: 01 4748410
Either way you should keep safe receipt of the form having been sent/faxed.
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- When do I appeal my case?
From the date the negative recommendation of the Refugee Applications Commissioner is issued you will have a period of time to appeal your case. However, this period of time is different depending on the findings of the Refugee Applications Commissioner in relation to your case. Thus, you may have:
- 15 working days to appeal OR
- 10 working days to appeal OR
- 4 working days to appeal.
You will find out about how many days you have to appeal in the letter of the Refugee Application Commissioner informing you that they have recommended not to grant you refugee status. Please note that it is in your best interest that you check the deadline to appeal as the Refugee Appeals Tribunal will not normally accept late appeals.
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- Is there a time limit for submitting grounds of appeal and further submissions having already submitted an appeal?
All documents for consideration by the Member of the Tribunal together with a schedule of such documents should be lodged with the Notice of Appeal as provided in S. I. No. 424 of 2003. In particular, the Form 1 and Form 2 referred to in the S. I. states that:
"All grounds of Appeal and documentation on which you intend to rely in your appeal must accompany this Notice of Appeal and the relevant parts must be indicated accordingly."
It is important that you comply with this requirement to avoid unnecessary delays and, in the case of an appeal requiring an oral hearing, to give all parties to the appeal hearing, including the Member of the Tribunal, an opportunity to consider all documents prior to the hearing.
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- Can I access the Tribunal's previous decisions archive in order to make submissions on foot of same?
Access to the Tribunal’s Decisions’ Archive is available to legal representatives who are registered users of the Archive.
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A hearing is a meeting between you and the Tribunal member who will make the decision in your case. The hearing is the opportunity for you to tell the Tribunal about your case. A Presenting Officer from the Office of the Refugee Applications Commissioner will be also in attendance. If you have engaged a legal representative he/she is also entitled to attend the hearing with you. Also, if you are an unaccompanied minor, your appointed guardian from the Health Board must attend the hearing with you.
Not every applicant who appeals his/her case to the Refugee Appeals Tribunal has the right to an oral hearing.
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- Will I be informed of the identity of the Member assigned my appeal?
It is not the practice of the Tribunal to furnish the identity of the Member of Tribunal as this is not a matter relevant to the appeal.
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- When do I know when my hearing will be held?
Some weeks after your appeal form has been submitted you will receive by registered post a notification of the date and time of your hearing. If, for any reason, eg, holidays, you are unavailable at a particular time it would be helpful if you could inform the Tribunal in advance of the issue of the scheduling letters to you. Our weekly schedules are prepared about three weeks in advance of the hearing. Applications to change the date or time of an oral hearing will only be allowed in exceptional circumstances and where such change is justified.
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- Can I have an interpreter?
The Tribunal will endeavour to have a professional interpreter of your language present at the hearing, if you so request in your Notice of Appeal. The interpreter's role is to translate what is said by the parties involved only. The Tribunal cannot facilitate an interpreter to help you when completing your Notice of Appeal Form.
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The hearings are private and confidential. No members of the public are admitted to the hearing. Only the Member who will make the decision of your case, the interpreter, the Presenting Officer from the Office of the Refugee Applications Commissioner, your legal representative and yourself will be admitted at the hearing room. The information disclosed in the course of the hearing will be treated at all times as confidential.
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- What happens at the hearing?
The hearing is intended to be as informal as possible. You, the interpreter and your legal representative will sit down at one side of the table, the Presenting Officer at the other side of the table, and the Member of the Tribunal who will make the decision on your case will sit in the middle. Your legal representative and the Presenting Officer will ask you questions about your refugee application, and the Member of the Tribunal may also ask questions as well.
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- How long does the hearing take?
The average time for a hearing before the tribunal is 1-2 hours, but depending on the particularities of the case it could be shorter or much longer. The Member of the Tribunal may allow a break to be taken during the hearing.
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- What happens if my hearing is adjourned ?
If the Member allows the adjournment he or she may direct that your hearing should be rescheduled to a particular date. If not date is set, you and your solicitor will be notified in writing of the new date.
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- When will I be notified of the decision?
As each case is different, it is difficult to say how long will it take before a decision is reached and notified.
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- I cannot attend my hearing, what should I do?
You must contact your solicitor immediately for advice. Your solicitor will write to the Refugee Appeals Tribunal explaining the reasons why you are unable to attend. If you do not have a solicitor, you must write to the Refugee Appeals Tribunal explaining the reasons why you are unable to attend. If the reason is illness, you must provide a certificate from a qualified medical doctor. The Member of the Tribunal who will hear your appeal will decide whether or not your appeal should be adjourned. Your solicitor ( or yourself if you have no solicitor ) will be notified of the decision of the Member.
Applications to change the date or time of an oral hearing will only be allowed in exceptional circumstances and where such change is justified.
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- Will the processing of an appeal lodged with the Tribunal continue if judicial review proceedings have been instituted against the negative recommendation of the Office of the Refugee Applications Commissioner ?
Yes, however, unless you inform the Tribunal of the judicial review proceedings and forward copy of judicial papers to the Tribunal as proof of the judicial review your appeal will continue to be processed as normal.
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- Can I withdraw my appeal?
Yes. Under Section 16(9)(a) of the Refugee Act 1996 (as amended by the Immigration Act 2003):
"An applicant may withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal and the Tribunal shall, as soon as may be, notify the Minister and the Commissioner of the withdrawal."
A Notice of Withdrawal Form is available for download on the Tribunal's website. The withdrawal should be addressed to
The Chairperson
Refugee Appeals Tribunal
6/7 Hanover Street East
Dublin 2.
Fax: 01 4748411
Applicants should note that withdrawals are permanent and a withdrawn appeal cannot be re-admitted by the Tribunal under any circumstances.
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- Can an appeal be deemed withdrawn by the Tribunal?
If it appears to the Tribunal that an applicant is failing in his/her duty to co-operate with the consideration of his/her case in circumstances outlined in Section 16(2A) and (2B) of the Refugee Act 1996 as amended by the Immigration Act, 2003 an appeal may be deemed to be withdrawn.
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- I have changed my address, should I tell the Tribunal?
If you have changed your address, under the law ( Section 9 (4A) of the Refugee Act, 1996 ( as amended ) you must notify the Refugee Applications Commission in writing as soon as possible and either send it by post or fax to :
Refugee Applications Commissioner
79 - 83 Lower Mount Street
Dublin 2
The Commissioner will notify the Tribunal of your change of address. However, the Tribunal would respectfully request to be also notified of any change of address of an applicant if an application is at the appeal stage. This can be done by letter or fax or by submitting by post/fax the change of address form available for download on the Tribunal's website. Such notification should be addressed to
The Chairperson
Refugee Appeals Tribunal
6/7 Hanover Street East
Dublin 2.
Fax: 01 4748411.
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- What happens if my appeal is set aside?
This means that the Member of the Tribunal has recommended you to be granted refugee status. You will be notified in writing of this decision. The file will be then forwarded to the Ministerial Decisions Unit, Department of Justice and Equality.
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- What happens if my appeal is affirmed?
This means that the Member of the Tribunal has recommended you not to be granted refugee status. You will be notified in writing of this decision. The file will then be forwarded to the Repatriation Unit, Department of Justice & Equality.
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- Where can I obtain forms used by the Tribunal?
The forms for appeals, changes of address or for withdrawal of an appeal are all available for download from the Tribunal's website. Please note that submission of these forms is currently only accepted if made by post or by FAX.
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- Can I obtain information from the Tribunal regarding the procedures for claiming asylum in the State?
Details of the procedures for processing asylum applications are set out in the Information Leaflet for Applicants for Refugee Status in the State . A copy of this leaflet will have been sent to you by the Office of the Refugee Applications Commissioner with its negative recommendation letter. The leaflet is also available on the Tribunal's website.
- If I make an appeal, can I access a copy of my personal data held by the Tribunal?
Yes. You have a right to access your personal data under Sections 3 and 4 of the Data Protection Acts.
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IMPORTANT: The Refugee Appeals Tribunal cannot return original documentation (e.g. passports, birth certificates, etc) submitted by you in the course of your asylum application. Copies of such documentation will be provided to the applicant, on foot of a request to the Tribunal
November, 2009
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