International Protection Act 2026
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Report and recording of personal interviews | ||
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155. (1) The Minister shall by regulations require the Determining Authority or any other authority or experts assisting the Determining Authority in accordance with section 152 (7) with conducting the personal interviews to produce, in such form as the Minister shall prescribe— | ||
(a) a thorough and factual report containing all the main elements of the personal interview, | ||
(b) a transcript of the interview, or | ||
(c) a transcript of the recording of such an interview. | ||
(2) The document referred to in subsection (1) (referred to in this section as the “personal interview report”) shall be included in the applicant’s file. | ||
(3) Personal interviews shall be recorded using audio means of recording. | ||
(4) The applicant shall be informed in advance of the fact that a recording is being made and the purpose thereof and particular attention shall be paid to the requirements of applicants in need of special procedural guarantees in relation to the recording. | ||
(5) The Determining Authority shall include the recording under subsection (3) in the applicant’s file. | ||
(6) The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the personal interview report at the end of the personal interview, or within the period of 3 working days beginning on the day on which the applicant is given access to the personal interview report under subsection (11), before the Determining Authority takes a decision. | ||
(7) For the purposes of subsection (6), the applicant shall be informed of the entire content of the personal interview report, with the assistance of an interpreter, where necessary. | ||
(8) The applicant shall be requested to confirm that the content of the personal interview report correctly reflects the personal interview. | ||
(9) Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file but the refusal shall not prevent the Determining Authority from taking a decision on the application. | ||
(10) Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail. | ||
(11) The applicant and, in the case of an unaccompanied minor, the provisional representative person or representative person and, where applicable, the legal representative representing him or her shall have access to the personal interview report as soon as possible after the interview and in any case in due time before the Determining Authority takes a decision. | ||
(12) A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of— | ||
(a) a personal interview report produced by the Determining Authority or any other authority or experts assisting the Determining Authority, or | ||
(b) an audio recording of a personal interview, | ||
shall be guilty of an offence. | ||
(13) A person guilty of an offence under subsection (12) shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years, or to both. |