International Protection Act 2026
|
Appeal against transfer decision | ||
|
140. (1) Where the Minister takes a transfer decision under section 138 , the person concerned may appeal to the Tribunal against the decision by notice in writing within a period of one week from the date of receipt of the notification of the decision under section 139 . | ||
(2) On an appeal under subsection (1), the findings that the Tribunal may make shall be limited to the following: | ||
(a) whether the transfer would, for the person concerned, result in a real risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter; | ||
(b) whether there are circumstances subsequent to the transfer decision that are decisive for the correct application of the Asylum and Migration Management Regulation and this Part; | ||
(c) whether Articles 25 to 28 and 34 have been infringed, in the case of persons taken charge of pursuant to Article 36(1), point (a). | ||
(3) An appeal shall specify, in writing, the grounds of appeal and indicate whether the appellant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal. | ||
(4) On receipt of a notice under subsection (1), the Tribunal shall transmit a copy of the notice to the Minister and notify the Minister of the making of the appeal. | ||
(5) The Minister shall without delay, following receipt of a copy of the notice under subsection (1), cause the Tribunal to be provided with copies of any documents, reports, or representations in writing submitted to the Minister in relation to the transfer decision and shall cause the Tribunal to be provided with an indication of the nature and source of any other information relating to the transfer decision that has come to the notice of the Minister in the course of the making of the transfer decision. | ||
(6) The Tribunal may direct that the Minister do the following: | ||
(a) cause such inquiries as the Tribunal considers necessary or expedient for the purpose of deciding the appeal to be made with another Member State; | ||
(b) cause the Tribunal to be furnished with such further information as the Tribunal considers necessary or expedient for the purpose of deciding the appeal. | ||
(7) Where the Tribunal grants a request to remain under section 141 , the Tribunal shall endeavour to decide on the substance of the appeal within one month of granting the request. | ||
(8) The Minister may, in consultation with the Chief Appeals Officer and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals and requests to remain under this Part, including the holding of oral hearings and, in doing so, may prescribe different procedures in respect of different classes of appeals and different classes of requests to remain. | ||
(9) In relation to an appeal under this section against the making of a transfer decision, the Tribunal may— | ||
(a) affirm the transfer decision, or | ||
(b) set aside the transfer decision. | ||
(10) The Tribunal’s decision shall be in writing and shall include the reasons for the decision. | ||
(11) Where the Tribunal makes a decision under subsection (9) it shall send a copy of the decision to the person concerned and his or her legal representative (if any) and to the Minister within one month of the notice under subsection (1). |