International Protection System:
The Role Of Your Solicitor
The Role Of Your Solicitor
The solicitor’s role will vary depending on when they are instructed. In general, their role is to identify your protection needs, to advise you if you are likely to qualify for international protection and to ensure you are represented properly.
Your solicitor should:
- Meet with you, take full instructions from you and help you to prepare for the stage of the application that you are at.
- Assess your claims in full to ensure that all relevant information is put before the decision maker, including any evidence available to support your claim:
- Your solicitor should advise you on the importance of producing documents to support your claim.
- Gather all relevant documents from you to support your claim.
- Identify if a referral for a medical legal report would be beneficial.
- Identify relevant, reputable and up-to-date “country of origin” information for inclusion in your application. The following sources are usually considered reliable:
- be mindful of language barriers and any interpreter needs.
- accumulate additional materials to support a “leave to remain” application.
- advise you to apply for labour market access after 5 months waiting for an initial decision.
- advise you regarding reception conditions entitlements and appeals.
- if your application is granted, advise you of the consequences of a decision e.g. any rights that flow from that, including family reunification rights, access to state services, termination of reception conditions etc.
- if your application is refused, your solicitor should:
- assess the refusal with you to determine if it is fair, and if not, to identify if an appeal or Judicial Review of the decision might be advisable.
- advise you on appeal deadlines.
- inform you of the parts of your claim that have been accepted and the parts that have not. If there are credibility issues, these must be addressed in this appeal.
- request more documentation from you if possible.
- analyse any “country of origin” information referred to in the decision and assess it as against the “country of origin” information submitted on your behalf, and any updated “country of origin” information that may be relevant.
- Review your Section 35 interview notes, noting any contradictions or issues.
- Advise you of the consequences of a decision e.g. if it is a leave to remain refusal and the “end” of the process, if a Judicial Review might be appropriate, the option to voluntarily leave the State, the likelihood of a “proposal to deport” issuing etc.
Please do not hesitate to contact our office if you are in need of assistance with an Appeal to the IPAT, with a Leave to Remain application, or if you have received a negative decision and are wondering if this might be open to challenge before the Irish Courts.
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