Refugee Act 1996 (Asylum Procedures) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Refugee Act 1996 (Asylum Procedures) Regulations 2011.
(2) These Regulations shall come into operation on 1 March 2011.
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paragraphs: In these Regulations:
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paragraphs: (1) The Commissioner, for the purpose of ensuring that an interview under section 11(2) of the Act is conducted under conditions which allow the applicant to present the grounds for his or her application in a comprehensive manner, shall—
(a) ensure that the authorised officer who conducts the interview is sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability, insofar as it is possible to do so, and
(b) select an interpreter who is able to ensure appropriate communication between the applicant and the person who conducts the interview.
(2) For the purposes of paragraph (1)(b), communication need not necessarily take place in the language preferred by the applicant if there is another language which he or she may reasonably be supposed to understand and in which he or she is able to communicate.
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paragraphs: Where an applicant is a child referred to in section 8(5) of the Act, on behalf of whom an application has been made in accordance with section 8(5)(b) of the Act, the Commissioner shall, taking the best interests of the child as a primary consideration, ensure that—
(a) the person appointed by the Health Service Executive under section 8(5)(b) of the Act—
(i) is given the opportunity to inform the child about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview, and
(ii) is allowed to be present at the interview under section 11(2) of the Act and to ask questions or make comments, within the framework set by the authorised officer who conducts the interview,
(b) the interview under section 11(2) of the Act is conducted by an authorised officer who has the necessary knowledge of the special needs of minors, and
(c) the report together with the recommendation of the Commissioner under section 13(1) of the Act shall be prepared by an officer with the necessary knowledge of the special needs of minors.
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paragraphs: The recommendation of the Commissioner under section 13(1), and the notice under subsection (4)(b), of the Act shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where—
(a) the applicant is not assisted or represented by a legal adviser or other counsellor, and
(b) free legal assistance is not available to the applicant.
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paragraphs: Where the Minister sends a notification to a person under subsection (7F) or (7G) (inserted by Regulation 8 of the European Communities (Asylum Procedures) Regulations 2011) of section 17 of the Act, that notification shall be in a language that the person may reasonably be supposed to understand, where—
(a) the person is not assisted or represented by a legal adviser or other counsellor, and
(b) free legal assistance is not available to the person.