Refugee Act 1996 (Asylum Procedures) Regulations 2011

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SI 52 of 2011

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These Regulations are intended to give further effect in Irish law to the Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (Council Directive 2005/85/EC, also known as the Asylum Procedures Directive).

Regulation 3 requires that Refugee Applications Commissioner ensure that interviews with asylum applicants are conducted by personnel sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability and must select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview.

Regulation 4 requires that where an interview is conducted by the Commissioner with an unaccompanied minor in the care of the Health Service Executive (HSE), the best interests of the child shall be a primary consideration and that the child be informed about the meaning and consequences of the interview. The person appointed by the HSE to accompany the child to interview is permitted to ask questions and make comments.

Regulations 5 and 6 require that where an asylum applicant is unrepresented or where free legal advice is unavailable, recommendations of the Commissioner and notifications by the Minister under section 17(7) of the Act must be sent in a language that the person may reasonably supposed to understand.

Date:01 Mar 2011
Legislation Type:Statutory Instrument (IE)
Geographic Focus:Ireland
References:Refugee Act 1996; Asylum Procedures Directive 2005/85 EC
In Force:Yes
Keywords:Minor (Unaccompanied), Refugee, Refugee Law
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