International Protection Act 2026
|
Terms of appointment and conditions of office of Appeals Officers | ||
|
245. (1) The Chief Appeals Officer, a Deputy Chief Appeals Officer and all other Appeals Officers appointed in a whole-time capacity shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may determine. | ||
(2) Each Appeals Officer appointed in a part-time capacity shall hold office under a contract for services in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may determine. | ||
(3) The term of office of the Appeals Officers shall, subject to subsection (4), be as follows: | ||
(a) the term of office of the Chief Appeals Officer shall be 5 years and a Chief Appeals Officer may be reappointed to the office for a second term not exceeding 5 years; | ||
(b) the term of office of a Deputy Chief Appeals Officer shall be 5 years and a Deputy Chief Appeals Officer may be reappointed to the office for a second term not exceeding 5 years; | ||
(c) the term of office of an Appeals Officer appointed in a whole-time capacity, other than the Chief Appeals Officer and a Deputy Chief Appeals Officer, shall be 7 years and such an Appeals Officer may be reappointed to the office for a second term not exceeding 3 years; | ||
(d) the term of office of an Appeals Officer appointed in a part-time capacity shall be 7 years and such an Appeals Officer may be reappointed to the office for a second term not exceeding 3 years. | ||
(4) The term of office of an Appeals Officer to whom section 244 (9) applies shall be for a period not exceeding the unexpired term of the person’s appointment as a member of the International Protection Appeals Tribunal. | ||
(5) Where it is proposed to reappoint an Appeals Officer, it shall not be necessary for the person to participate in a selection competition undertaken by the Service under section 244 (6) or (8), as the case may be. | ||
(6) A person shall not be eligible for appointment as an Appeals Officer if he or she is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, | ||
(d) elected or co-opted as a member of a local authority, | ||
(e) appointed to judicial office, or | ||
(f) appointed Attorney General. | ||
(7) A person shall be disqualified from holding and shall cease to hold office as an Appeals Officer if he or she— | ||
(a) subject to subsection (8), is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with his or her creditors, | ||
(c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
(d) is convicted of an offence involving fraud or dishonesty, | ||
(e) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(g) is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Act of 2014) whether by virtue of that Chapter or any other provision of that Act or a disqualification outside the State to like effect which corresponds to such a disqualification order. | ||
(8) Subsection (7)(a) shall apply only for so long as a person has not obtained a certificate of discharge from bankruptcy. | ||
(9) Without prejudice to the generality of subsection (7), that subsection shall be construed as prohibiting the reckoning of a period referred to therein as service with the Tribunal for the purposes of any superannuation benefits payable under this Act or otherwise. | ||
(10) If an Appeals Officer appointed in a whole-time capacity— | ||
(a) dies, resigns, becomes disqualified or is removed from office, or | ||
(b) is for any reason temporarily unable to continue to perform his or her functions, | ||
the Minister may appoint another person to be an Appeals Officer in a whole-time or part-time capacity until an appointment is made in accordance with section 244 (5) or (7). | ||
(11) If an Appeals Officer appointed in a part-time capacity— | ||
(a) dies, resigns, becomes disqualified or is removed from office, or | ||
(b) is for any reason temporarily unable to continue to perform his or her functions, | ||
the Minister may appoint another person to be an Appeals Officer in a part-time capacity to fill the vacancy so occasioned until an appointment is made in accordance with section 244 (7). |