International Protection Act 2026
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Decision on merits of application | ||
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164. (1) Subject to subsection (2), when examining an application on the merits, the Determining Authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with the Qualification Regulation. | ||
(2) Where the Determining Authority decides not to grant refugee status to an applicant in accordance with section 163 (1), the Determining Authority shall determine whether the applicant is eligible for subsidiary protection in accordance with the Qualification Regulation. | ||
(3) Before the Determining Authority takes a decision on the merits of an application for international protection, the applicant shall be given the opportunity of a personal interview on the substance of his or her application (referred to in this Act as a “substantive interview”). | ||
(4) The Determining Authority may fix the time and place of the substantive interview. | ||
(5) The substantive interview may be conducted at the same time as the admissibility interview provided the applicant has been informed of such a possibility in advance and has been able— | ||
(a) where he or she is assisted by a legal representative, to consult with his or her legal representative, or | ||
(b) where paragraph (a) does not apply, to be provided with legal counselling. | ||
(6) In the substantive interview, the applicant shall be given the opportunity to— | ||
(a) present the elements needed to substantiate his or her application in accordance with the Qualification Regulation, and | ||
(b) provide an explanation regarding elements which might be missing or any inconsistencies or contradictions in his or her statements. | ||
(7) In the substantive interview, the applicant shall provide the elements referred to in Article 4(2) of the Qualification Regulation as completely as possible. | ||
(8) The decision of the Determining Authority on the merits of an application shall be that— | ||
(a) the applicant qualifies as a refugee, | ||
(b) the applicant does not qualify as a refugee and is eligible for subsidiary protection in accordance with the Qualification Regulation, or | ||
(c) the applicant does not qualify as a refugee and is not eligible for subsidiary protection in accordance with the Qualification Regulation. | ||
(9) Where the Determining Authority makes a decision on the merits of an application, the decision shall— | ||
(a) refer to— | ||
(i) the elements which substantiate the application raised by the applicant in his or her application, at his or her personal interview or through submissions to the Determining Authority no later than 5 days from the date of the personal interview or in accordance with section 41 (3), and | ||
(ii) such other matters specified in section 149 (4) that the Determining Authority considers appropriate, | ||
and | ||
(b) set out the reasons for the decision. |