International Protection Act 2026
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Decision of Tribunal | ||
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195. (1) In relation to an appeal under section 187 (1)(a) against a decision to reject an application as inadmissible, the Tribunal may decide to— | ||
(a) affirm the decision, or | ||
(b) set aside the decision. | ||
(2) In relation to an appeal under section 187 (1)(b) against a decision to reject an application as unfounded or manifestly unfounded where the applicant is eligible for subsidiary protection but does not qualify as a refugee, the Tribunal may decide to— | ||
(a) affirm the decision, or | ||
(b) set aside the decision and decide that the applicant qualifies as a refugee. | ||
(3) In relation to an appeal under section 187 (1)(c) against a decision to reject an application as unfounded or manifestly unfounded where the applicant does not qualify as a refugee and is not eligible for subsidiary protection, the Tribunal may decide to— | ||
(a) affirm the decision, | ||
(b) set aside the decision and decide that the applicant qualifies as a refugee, or | ||
(c) affirm the decision that the applicant does not qualify as a refugee and set aside the part of the decision that the person is not eligible for subsidiary protection and decide that the applicant is eligible for subsidiary protection. | ||
(4) In relation to an appeal under section 187 (1)(d) against a declaration under section 71 (2) that an application has been implicitly withdrawn, the Tribunal may decide to— | ||
(a) affirm the declaration, or | ||
(b) set aside the declaration. | ||
(5) In relation to an appeal under section 187 (1)(e) against a return decision made under section 216 or 218, the Tribunal may decide to— | ||
(a) affirm the return decision, or | ||
(b) set aside the return decision. | ||
(6) Where the Tribunal— | ||
(a) makes a decision under subsection (1)(b) or (4)(b), the application shall be remitted to the Determining Authority for examination in accordance with Part 7 , or | ||
(b) makes a decision under subsection (5)(b), the matter shall be remitted to the Minister. | ||
(7) The Tribunal shall, in relation to an appeal under section 187 (1)(b), decide to make the affirmation referred to in subsection (2)(a), unless it is satisfied, having considered the matters referred to in section 193 (2), that the applicant qualifies as a refugee. | ||
(8) The Tribunal shall, in relation to an appeal under section 187 (1)(c), decide to make the affirmation referred to in subsection (3)(a) unless it is satisfied, having considered the matters referred to in section 193 (2), that the applicant qualifies as a refugee or, as the case may be, is a person eligible for subsidiary protection. | ||
(9) The decision of the Tribunal on an appeal and the reasons for the decision shall be given in writing and shall be notified to the applicant, his or her legal representative (if any), the Determining Authority and the High Commissioner. | ||
(10) The Tribunal shall furnish the applicant and his or her legal representative (if any) and the High Commissioner whenever so requested by him or her, with— | ||
(a) copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Determining Authority, copies of which have not been previously furnished to the applicant and his or her legal representative (if any), or as the case may be, the High Commissioner, and | ||
(b) an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal. |