International Protection Act 2026

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Oral hearing

191. (1) The Tribunal shall make a decision under section 195 in respect of an appeal without holding an oral hearing unless subsection (2) applies.

(2) The Tribunal may hold an oral hearing for the purposes of making a decision under section 195 in respect of an appeal where, having had regard to the guidelines issued under section 247 (2), the Appeals Officer (within the meaning of Part 13 ) to whom the appeal is assigned is of the opinion that a full and ex nunc examination of both facts and points of law cannot be achieved without an oral hearing.

(3) Where an applicant has indicated under section 187 (6) that he or she wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal, the applicant may withdraw the indication not later than 3 days before such an oral hearing.

(4) Subject to subsections (5) and (6), an oral hearing shall be held in private unless, upon application by or on behalf of the applicant, the Tribunal determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in private.

(5) The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings.

(6) In conducting an oral hearing, the Tribunal shall—

(a) permit the applicant to be present at the hearing and to present his or her case to the Tribunal in person or through a legal representative,

(b) permit an officer of the Minister or another person nominated by the Determining Authority to be present at and to participate in the hearing and, in person or through a legal representative, to explain to the Tribunal the decision that is the subject of the appeal,

(c) where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter,

(d) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency,

(e) ensure that the oral hearing proceeds with due expedition, and

(f) allow for the examination and cross-examination of the applicant and any witnesses.

(7) Where a notice of appeal under section 187 (2), (3), (4) or (5) includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness (having regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal), determine whether he or she should be directed to attend before the Tribunal in accordance with subsection (8).

(8) For the purposes of an oral hearing, the Tribunal may—

(a) direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the Tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,

(b) direct any such person to produce any specified document or thing in his or her possession or control,

(c) give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and

(d) take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.

(9) Paragraphs (a) and (b) of subsection (8) and section 190 (2) shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade directs (which he or she is hereby empowered to do) be withheld in the interest of national security or public policy.

(10) Subject to subsection (11), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.

(11) Where information has been supplied to the Minister, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, the information shall not be produced or further disclosed other than in accordance with the undertaking or with the consent of the other state.