Irish Naturalisation and Immigration Service

INFORMATION BOOKLET

EXPRESSIONS OF INTEREST FOR APPOINTMENT AS MEMBER (PART-TIME) OF THE REFUGEE APPEALS TRIBUNAL

Title of Position Member of the Refugee Appeals Tribunal (part-time)

Appointing Authority Minister for Justice & Equality

Location Dublin

The Minister for Justice and Equality, Mr Alan Shatter, T.D., is seeking expressions of interest from suitably qualified and experienced persons who wish to be considered for appointment as a Member (part-time) of the Refugee Appeals Tribunal.

BACKGROUND

The Refugee Act 1996, as amended, sets out the procedures to be followed in determining whether or not a person should be afforded recognition as a refugee in the State and the status and rights of persons recognised in the State as refugees.

The Refugee Appeals Tribunal was established in late 2000 in accordance with Sections 14 and 15 of the Refugee Act 1996 and decides appeals of those asylum seekers whose applications for refugee status have not been recommended by the Refugee Applications Commissioner

The Tribunal is a statutorily independent body and exercises a quasi-judicial function under the 1996 Act. The Tribunal consists of a Chairperson and such number of ordinary members of the Tribunal as the Minister for Justice and Equality, with the consent of the Minister for Finance, considers necessary for the expeditious dispatch of the business of the Tribunal. Administrative staff are assigned to the Tribunal from the Department of Justice & Equality.

Further information on the role and work of the Tribunal is available at www.refappeal.ie

1 ROLE AND KEY RESPONSIBILITIES OF MEMBERS OF THE REFUGEE APPEALS TRIBUNAL

The Role

The position of Member of the Refugee Appeals Tribunal is a statutory position created under the Refugee Act 1996, as amended. Members of the Tribunal are appointed by the Minister for Justice and Equality in accordance with the Second Schedule to the 1996 Act.

The Second Schedule provides that members of the Tribunal shall hold office for a term of three years on the terms and conditions determined by the Minister for Justice and Equality. Functions to be performed by members of the Tribunal will cease should the Refugee Act, 1996 (as amended) be repealed within this three year period.

Under the provisions of the Immigration, Residence and Protection Bill, which the Minister intends to re-publish, it is proposed that the Refugee Appeals Tribunal will be replaced in due course by a new Protection Review Tribunal.

It is important that intending applicants should be aware that while the appointment is nominally for a period of three years, the term of office may terminate in a significantly shorter period, on the establishment of the new Protection Review Tribunal. The members of the new Protection Review Tribunal will be appointed in accordance with the provisions of the new legislation.

While hearings currently take place in the Dublin Offices of the Tribunal, persons appointed should be prepared to provide the services of the Tribunal throughout the State as determined by the Chairperson.

It should be noted that the role and responsibilities of Members may be altered following on from changes which might be made in the area of international protection legislation both at national and EU level. In this regard, a new legislative and administrative framework for the processing of subsidiary protection applications is currently being developed.

Key Responsibilities

Appeals

In considering and conducting appeals members must comply with guidelines issued by the Chairperson.

Before deciding an appeal, the member is specifically obliged under Section 16(16) of the 1996 Act to consider:

- the notice of appeal; - the report of the Commissioner under Section 13; - any observations from the Commissioner and/or the UNHCR; - the evidence adduced at an oral hearing, where relevant, and any representations made at the hearing; - any documents, representations in writing or other information furnished pursuant to Section 11 of the 1996 Act and any documents submitted with the appeal.

2 Conduct of hearings

Members are responsible for conducting Tribunal hearings. Specifically, members are required to:

- start hearings at the appointed time and to make efficient use of hearing time;

- ensure that parties are advised of Tribunal procedures before the hearing commences;

- make relevant interventions to ascertain facts; seek explanations of inconsistencies either in testimony or in country of origin information and to listen effectively and observe participants during the hearing;

- adhere to principles of fairness and natural justice; to treat participants with respect and to demonstrate sensitivity to cultural differences with respect to all participants at the hearing;

- have regard in particular, to the needs of vulnerable applicants e.g minors, or persons with intellectual difficulties and to be able to adapt questioning techniques to take into consideration these various sensitivities;

- conduct hearings in an inquisitorial manner and to communicate with the parties in a non-confrontational manner;

- make findings of fact and credibility based on relevant evidence;

- draw conclusions logically based on findings of fact and law.

Decisions

Following consideration of an appeal, members are required to prepare a written Decision in a timely fashion and in accordance with the Guidelines of the Tribunal. The Decision is signed by the member and issued to the applicant and his/her legal representative by the Tribunal. Members are expected to use plain and appropriate language; give concise reasons for their Decisions and be willing to complete a particular number of Decisions per month if required.

3 QUALIFICATIONS AND EXPERIENCE

Essential Requirements

Candidates must on or before the closing date for receipt of applications have:-

A. at least 5 years experience as a practising barrister or solicitor,

B. a satisfactory knowledge and experience of national, EU and international asylum and human rights law and practice.

Professional knowledge base

Candidates should have a knowledge of the following:

- Relevant jurisprudence of the Irish and European Courts; - Relevant International conventions, charters and instruments in the area of human rights including the United Nations Convention and Protocol relating to the Status of Refugees; - Role of the UNHCR and other bodies working in the asylum area.

Personal Skills

Candidates should possess:

- excellent critical analysis skills, including the ability to assimilate and manage complex information; - an ability to act on his/her own initiative; - excellent interpersonal and communications skills both verbal and written, with the ability to present complex information in a clear and concise manner; - the ability & skills to use appropriate information and communications technology including word-processing, email, electronic diary and electronic document database; - an ability to deliver high quality reports and findings within an established timeframe; - an excellent capacity to develop and maintain effective working relationships.

Training and Appraisal

Members are required to attend training provided or endorsed by the Tribunal in relevant legal and related matters and to attend meetings of the Tribunal as required by the Chairperson. Members must be prepared to undergo appraisal of their work either by external assessment, peer review or one to one with the Chairperson. Attendance fees will not be paid in respect of such training and meetings.

4 PRINCIPAL CONDITIONS OF SERVICE

General

Tribunal members will be subject to the Civil Service Code of Standards and Behaviour.

Remuneration

Members are paid on a fee per item basis in respect of completed decisions. The current rates are set out below:

Case Fee Substantive cases €529 (with oral hearing) Substantive cases €276 (determined on the basis of the file) Accelerated appeals on papers €276 (determined on the basis of the file) Dublin Regulation cases €184 (determined on the basis of the file) Where the case is withdrawn or the €152 applicant fails to show

Tenure

A Member of the Tribunal shall be a part-time member and shall hold office for a term of three years (subject to page 2 of this document) on such terms and conditions as the Minister may, subject to the provisions of the second schedule of the Refugee Act, 1996 (as amended) determine when appointing him or her.

Headquarters

The Refugee Appeals Tribunal’s headquarters is located in Dublin or as may be determined from time to time by the Minister for Justice and Equality.

The Tribunal is currently located in Hanover Street East, Dublin 2.

5 THE APPLICATION AND SELECTION PROCESS

How to apply Applications must be made on the attached application form. All sections of the form must be fully completed including a short personal statement outlining significant achievements and experience relevant to the requirements for membership of the Tribunal. The acceptance of an application does not imply that the Department is satisfied that such person fulfils the requirements of the selection process and does not carry a guarantee that such application will receive further consideration.

It is important to note that the onus is on the candidate to ensure that the eligibility requirements for the competition are met before applying.

Selection Process

Selection of candidates considered suitable for appointment by the Minister will be based entirely on the application submitted. Please note that there will not be an interview. The applications will be examined in the first instance by the Department in conjunction with the Public Appointments Service. As the process for selection will be paper based it is therefore in your own interest to provide a detailed and accurate account of your qualifications, experience, and how you fulfil the specific requirements. If it is necessary to continue on a separate sheet, please set the information out in the same manner as in the application form.

Candidates will be selected, on the basis of the information contained in their application, for inclusion on a panel from which the Minister may appoint members of the Tribunal as provided for at Paragraph 2(a) of the Second Schedule to the Refugee Act, 1996 (as amended).

While all applications will be considered, the Minister, in appointing members of the Tribunal, will not be confined to those who have submitted applications.

Confidentiality

Applications will be treated in strict confidence.

Submission of Applications

Applications should be sent by e-mail to the Department of Justice & Equality at [email protected]

Closing Date

The closing date for applications is 10 May, 2013.

Applications received after the closing date will not be accepted

If you do not receive an acknowledgement of receipt of your application within two working days of applying, please contact [email protected]

6 Obligations placed on candidates

Candidates for appointment should note that canvassing will disqualify and will result in their exclusion from the process.

Candidates must not:

- Knowingly or recklessly provide false information; - Canvass any person with or without inducements during the course of the application process; - Interfere with or compromise the process in any way.

Enquiries

If there are issues on which you require clarification please email [email protected]

OTHER IMPORTANT INFORMATION

Citizenship Requirement

Candidates should note that eligibility to compete is open to citizens of the European Economic Area (EEA). The EEA consists of the Member States of the European Union along with Iceland, Liechtenstein and Norway. Citizens of non-European Economic Area (EEA) States are not eligible to compete.

Official Secrecy and Integrity

Persons appointed will be subject to the Official Secrets Act, 1963 as amended and to the Ethics in Public Office Acts, 1995 and 2001 for the duration of their appointment.

Outside Employment and Conflicts of Interest

The position will be part-time and appointees may not engage in private practice or be connected with any outside business which conflicts in any way with his/her official duties, impairs performance or compromises his/her integrity.

Expenses

The Department of Justice and Equality will not be responsible for refunding any expenses incurred by candidates.

Security Clearance

Garda vetting may be sought in respect of individuals who come under consideration for appointment.

7 Data Protection Acts 1988 & 2003

Any information supplied by candidates will be treated in confidence and will be subject to the Data Protection Acts 1988 & 2003.

IMPORTANT NOTICE

The above represents the principal conditions for appointment and is not intended to be the comprehensive list of all terms and conditions of appointment which will be set out in the Contract for Tribunal Members.

In expressing interest in appointment to the above position you are taken to consent to the above conditions.