International Protection Act 2026
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Composition of Tribunal | ||
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244. (1) The Tribunal shall consist of the following Appeals Officers— | ||
(a) a Chief Appeals Officer, who shall be appointed in a whole-time capacity, | ||
(b) such number of Deputy Chief Appeals Officers, who shall be appointed in a whole-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal, | ||
(c) such number of other Appeals Officers, who shall be appointed in a whole-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal, and | ||
(d) such number of other Appeals Officers, who shall be appointed in a part-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal. | ||
(2) An Appeals Officer referred to in paragraph (a) or (b) of subsection (1) shall have had before his or her appointment not less than 5 years’ experience as— | ||
(a) a practising solicitor or practising barrister, | ||
(b) an Appeals Officer referred to in paragraph (c) or (d) of subsection (1), or | ||
(c) a member of the International Protection Appeals Tribunal. | ||
(3) An Appeals Officer referred to in subsection (1)(c) shall be— | ||
(a) a practising solicitor or practising barrister, | ||
(b) a member of the International Protection Appeals Tribunal, | ||
(c) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title, | ||
(d) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or | ||
(e) a legal academic, where the person is, at the time of his or her appointment under subsection (7), a solicitor or qualified barrister. | ||
(4) An Appeals Officer referred to in subsection (1)(d) shall have had before his or her appointment not less than 2 years’ experience— | ||
(a) as a practising solicitor or practising barrister, | ||
(b) as a member of the International Protection Appeals Tribunal, | ||
(c) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title, | ||
(d) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or | ||
(e) as a legal academic, where the person is, at the time of his or her appointment under subsection (7), a solicitor or qualified barrister. | ||
(5) The Chief Appeals Officer shall be appointed by the Government on the recommendation of the Service. | ||
(6) Subject to subsection (2) and section 245 (10), the Service shall identify and recommend a person for appointment by the Government as the Chief Appeals Officer following a competition held by the Service for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 . | ||
(7) Subject to subsection (8), the Appeals Officers (other than the Chief Appeals Officer) shall be appointed by the Minister. | ||
(8) Subject to subsections (2) to (4) and sections 245 (10) and (11), the Minister shall not appoint an Appeals Officer unless the Service, after holding a competition under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 , has selected him or her for appointment to the position. | ||
(9) The Minister may, notwithstanding subsection (8), appoint an Appeals Officer under subsection (7) without a selection competition having been held by the Service under subsection (8) where the person stands appointed as a member of the International Protection Appeals Tribunal (other than its chairperson) and he or she consents to being so appointed. | ||
(10) Before the establishment day of the Tribunal— | ||
(a) the Government may designate a person to be appointed as the first Chief Appeals Officer, and | ||
(b) the Minister may designate persons to be appointed as the first Deputy Chief Appeals Officers. | ||
(11) Where, immediately before the establishment day of the Tribunal— | ||
(a) a person stands designated by the Government under subsection (10)(a), that person shall, on that day, stand appointed as the first Chief Appeals Officer for a period of 5 years, and | ||
(b) a person stands designated by the Minister under subsection (10)(b), that person shall, on that day, stand appointed as a first Deputy Chief Appeals Officer for a period of 5 years. | ||
(12) In this section— | ||
“home professional title”, “lawyer”, “member state” and “professional activities” have the same meanings as they have in the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ); | ||
“legal academic” shall be construed in accordance with section 45A(2) of the Courts (Supplemental Provisions) Act 1961 ; | ||
“qualified barrister” has the meaning it has in the Legal Services Regulation Act 2015 ; | ||
“solicitor” means a person who has been admitted as a solicitor whose name is on the roll of solicitors (within the meaning of the Solicitors Act 1954 ). |