International Protection Act 2026

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Chapter 3

Personal interviews

Requirement to give applicant opportunity of personal interview

151. (1) Where an application for international protection is lodged in accordance with section 40 —

(a) the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to sections 157 and 164 , and

(b) provided that subsection (4)(b) does not apply, the applicant shall be given the opportunity to participate in that interview.

(2) Personal interviews shall be conducted in accordance with the conditions established in this Chapter.

(3) The admissibility interview may be omitted where the Determining Authority considers that the application is not inadmissible on the basis of the evidence available.

(4) The admissibility interview or the substantive interview, as applicable, may be omitted where—

(a) the Determining Authority is able to take a positive decision with regard to the refugee status on the basis of the evidence available,

(b) the Determining Authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond the applicant’s control,

(c) in the case of a subsequent application, the preliminary examination referred to in section 72 is carried out on the basis of a written statement,

(d) the Determining Authority considers the application inadmissible pursuant to section 157 (3)(c),

(e) in the case of an application by a minor, a person carrying out an assessment under section 30 (7) has assessed that a personal interview would not be in the best interests of the minor.

(5) Where the personal interview is omitted pursuant to subsection (4)(b)—

(a) the omission shall not adversely affect the decision of the Determining Authority, and

(b) the Determining Authority shall give the applicant an effective opportunity to submit further information in writing.

(6) When in doubt as to the fitness or ability of the applicant to be interviewed, the Determining Authority shall consult a registered medical practitioner to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature and where, following consultation with that medical practitioner, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the Determining Authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed.

(7) Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the Determining Authority shall, without prejudice to section 71 , reschedule the personal interview.

(8) Without prejudice to sections 157 and 164 and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the Determining Authority from taking a decision on the application for international protection.