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HOW THE
REFUGEE APPLICATIONS COMMISSIONER (R.A.C.) DEALS WITH APPLICATIONS.
- You will be notified in writing of a time, a
date and a place to attend for interview in connection with your application.
- If you require an interpreter, every reasonable
effort will be made to provide one. You should indicate the language
you require when you are confirming your attendance for interview.
- If, for some exceptional reason, you cannot
attend for interview, either you or your solicitor must contact the
Office of the Refugee Applications Commissioner immediately and outline
the reasons.
- If you fail to attend for interview on more
than one occasion, without reasonable cause, the Refugee Applications
Commissioner will make a recommendation that you should not be declared
a refugee.

About your interview (called substantive interview)
The purpose of the interview is to establish
the full details of your claim for a declaration as a refugee.
- You should explain clearly and precisely your
fears and provide all the information and details relevant to your
particular circumstances.
- The interview is your opportunity to explain
in detail why you fear returning to your country of origin.
- Credibility is very important at the interview.
It is your duty to co-operate fully and to be completely truthful.
Failure to do so may result in your application being deemed to be
manifestly unfounded.
- The Authorised Officer who will interview you
on behalf of the Refugee Applications Commissioner has received full
training from the United Nations High Commissioner for Refugees (UNHCR)
in interviewing persons seeking a declaration as a refugee and will
have detailed information available on your country of origin.
- The interviewer will keep a written record of
the interview. You will have an opportunity to review the record and
you will be asked to sign each page to confirm that it is an accurate
account of your interview. The interviewer will also sign each page.
If you feel anything written down is not accurate, you will be given
an opportunity to have it corrected.
- Your interview may take a number of hours to
complete, depending on the information necessary to assess your application.
- The sole function of an interpreter (if present)
is to interpret the interviewer's questions and your responses, accurately
and literally. The interpreter will neither offer advice to you nor
will he/she express any opinion on the merits of your case. The interpreter
is aware of the confidential nature of the interview.
- If you wish to bring a solicitor with you, he/she
will normally be allowed to observe at the interview. Your solicitor
will be given an opportunity at the end of the interview to make any
points that are considered necessary.
- There are no facilities for children in the
Office of the Refugee Applications Commissioner, so arrangements should
be made by you to have your children looked after while you attend
for interview.
- You or your solicitor may make written observations
at any time up to 7 working days following the interview.
- You should make all information relevant to
your application available to the Refugee Applications Commissioner.
If you do not do so and seek to bring forward additional information
at appeal stage, you will be required to explain why this information
was not made available to the Refugee Applications Commissioner.

Assessment of your
application
An Authorised Officer will submit a report
to the Refugee Applications Commissioner in relation to your application.
This report will be based on the matters raised by you in writing and
orally at your interviews. The report will also take into account other
matters that the officer considers appropriate, for example, information
in relation to the situation in your country of origin or representations
made by the UNHCR in connection with your application. A copy of this
report will be sent to you with the recommendation of the Refugee Applications
Commissioner.

Manifestly
unfounded applications.
An application may be deemed to be manifestly
unfounded for a number of reasons. The Refugee Applications Commissioner
may arrive at this opinion prior to or after your substantive interview:
prior to the interview - you will be notified of this opinion in writing
and the reasons for it will be included. You will be requested to attend
for interview at a date, time and place specified.
after the interview - you will be sent a copy of the recommendation
and the reasons for it. A copy will also be sent to your solicitor (if
known).

Grounds on which an application may be deemed
to be manifestly unfounded
A manifestly unfounded application means an
application:
- that does not show on its face
any grounds for the contention that the applicant is a refugee,
- in relation to which the applicant
gave clearly insufficient details or evidence to substantiate his/her
application,
- in relation to which the Refugee
Applications Commissioner is satisfied that the applicant's reason
for leaving or not returning to his/her country of nationality does
not relate to a fear of persecution,
- in relation to which the applicant
did not reveal following the making of an application that he/she
was travelling under a false identity or was in possession of a false
or forged identity documents and did not have reasonable cause for
not revealing this,
in relation to which the applicant, without reasonable cause, made
deliberately false or misleading representations of a material or
substantial nature in relation to his/her application,
- in relation to which the applicant,
without reasonable cause and in bad faith, destroyed identity documents,
withheld relevant information or otherwise deliberately obstructed
the investigation of his/her application,
- in relation to which the applicant
deliberately failed to reveal that he/she had lodged a prior application
for asylum in another country,
- in relation to which the applicant
submitted the application for the sole purpose of avoiding removal
from the state, prior to which the applicant had made an application
for a declaration or an application for recognition as a refugee in
a state party to the Geneva Convention, and the Refugee Applications
Commissioner is satisfied that his/her application was properly considered
and rejected and that the applicant has failed to show a material
change of circumstances,
- by an applicant who is a national
of or has a right of residence in a state party to the Geneva Convention
in respect of which the applicant has failed to adduce evidence of
persecution,
- by an applicant who, after making
the application has, without reasonable cause, left the state without
leave or permission or has not replied to communications addressed
to the person from the Refugee Applications Commissioner, or prior
to which the applicant has been recognised as a refugee under the
Geneva Convention by a state other than the Irish state, has been
granted asylum in that state and his/her reason for leaving or not
returning to that state does not relate to a fear of persecution in
that state.

Positive recommendations
by the Refugee Applications Commissioner.
Where your application for a declaration as
a refugee receives a positive recommendation from the Refugee Applications
Commissioner, your recommendation will be submitted to the Minister
for Justice who will make a declaration that you are a refugee. You
will be given a declaration in writing stating that you are a refugee.

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