S.I. No. 348/2000 - Refugee Act, 1996 (Transitional) Regulations, 2000

I, John O'Donoghue, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23 of the Refugee Act, 1996 (No. 17 of 1996), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Refugee Act, 1996 (Transitional) Regulations, 2000.

(2) These Regulations shall come into operation on 20 November 2000.

2. In these Regulations—

“the Act” means the Refugee Act, 1996 (No. 17 of 1996);

“Appeal Authority” means an Appeal Authority referred to in paragraph 13 of the former Scheme;

“application” means an application for asylum within the meaning of section 22(10) of the Act;

“the former Scheme” means the document entitled “Procedures for Processing Asylum Claims in Ireland” which, as amended, was laid by the Minister for Justice, Equality and Law Reform before the Houses of the Oireachtas in March 1998.

3. (1) Where, in the case of an application made under the former Scheme which was the subject of a negative decision under paragraph 11 of the former Scheme, an appeal against that negative decision was made under the former Scheme and was not finally disposed of by an Appeal Authority before the commencement of these Regulations, that appeal shall be deemed to have been made under section 16 of the Act and shall, subject to paragraph (2), be dealt with as if it were an appeal against a recommendation of the Commissioner under section 13 of the Act.

(2) Where an appeal referred to in paragraph (1) did not specify any grounds of appeal at the time of submission of the appeal, the Refugee Appeals Tribunal shall send a notice in writing to the applicant concerned and to the solicitor for the applicant, if known, requesting the submission of such grounds within 15 working days after the sending of the notice.

GIVEN under my Official Seal,

This 26th day of October, 2000


John O'Donoghue, T.D.,

Minister for Justice, Equality and Law Reform

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations make transitional arrangements for the transfer to the statutory appeal procedure under the Refugee Act 1996 of appeals, made before the commencement date of the Act (20 November 2000) against first-instance decisions on asylum applications, which have not been finalised by that date.