International Protection Act 2026
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Requirements for personal interviews | ||
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152. (1) Personal interviews as provided for in sections 157 and 164 shall be conducted in accordance with the conditions established in this Chapter. | ||
(2) Personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner. | ||
(3) The applicant shall be present at the personal interview and shall be required to respond in person to the questions asked. | ||
(4) The Determining Authority may hold the personal interview by video conference where duly justified by the circumstances, in which case the Determining Authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, assistance by a legal representative and interpretation taking into account guidance from the Asylum Agency. | ||
(5) The Determining Authority shall ensure that an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview is provided whenever necessary for the personal interviews and communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly. | ||
(6) Personal interviews shall be conducted by the staff of the Determining Authority. | ||
(7) Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the Determining Authority may be assisted temporarily to conduct such interviews by the staff of other authorities of the State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of the European Union Agency for Asylum Regulation or by the Asylum Agency in accordance with Article 5 of the Asylum Procedures Regulation. | ||
(8) The Determining Authority shall ensure that the person conducting the interview is competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs. |