International Protection Act 2015


Application for International Protection

Preliminary interview

13. (1) A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she—

(a) wishes to make an application for international protection,

(b) is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or

(c) fears or faces persecution or serious harm if returned to his or her country of origin,

shall be interviewed by an officer of the Minister or an immigration officer at such time as may be specified by the officer concerned and the person shall make himself or herself available for such interview at the time or times so specified.

(2) A preliminary interview shall be conducted so as to establish, among other things—

(a) whether the person wishes to make an application for international protection and, if he or she does so wish, the general grounds on which the application is based,

(b) the identity of the person,

(c) the nationality of the person,

(d) the country of origin of the person,

(e) the route travelled by the person to the State, the means of transport used and details of any person who assisted the person in travelling to the State,

(f) the reason why the person came to the State,

(g) the legal basis for the entry into or presence in the State of the person, and

(h) whether any of the circumstances referred to in section 21 (2) may apply.

(3) A preliminary interview shall, where necessary to ensure appropriate communication between the person and the person who conducts the interview, be conducted with the assistance of an interpreter.

(4) A record of a preliminary interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the preliminary interview was conducted by an immigration officer who is not an officer of the Minister, to the Minister.

(5) The Minister shall furnish a copy of the record of a preliminary interview to the High Commissioner whenever requested in writing by the High Commissioner to do so.