The Commissioner must prepare a report in writing of the results of the investigation into an asylum application. The investigation is both oral and written. It takes into account both the questionnaire and the outcome of an interview with the asylum applicant. The outcome must include a recommendation as to whether the applicant should be recognised as a refugee or not. The Refugee Act does not make reference to a second interview but, in practice, if it is considered necessary to clarify aspects of an asylum application, an asylum seeker may be called for a second interview.
All interviews are in private.
The Tribunal is made up of a chairperson and as many other members to hear appeals as considered necessary. The Tribunal hears appeals under the normal or manifestly unfounded procedure. The asylum seeker is given ten working days to lodge his or her notice of intention to appeal in respect of a manifestly unfounded declaration and fifteen working days in respect of a normal refusal. Asylum seekers are entitled to have an oral appeal hearing unless they are appealing against a manifestly unfounded determination, in which case the appeal is written only. There is a right to legal representation for all appeals.