The Chairperson of the International Protection Appeals Tribunal has issued a new Guideline on Taking Evidence from Appellants and Other Witnesses. This Guideline is intended to supplement the Act and Regulations and not to supplant them. In case of conflict, the provisions of the Act or relevant Regulation shall take precedence over this Guideline. This Guideline replaces the Chairperson’s Guideline No. 2022/1 on Taking Evidence from Appellants and Other Witnesses as issued on 8 February 2022. This Guideline is issued pursuant to S.63(2) of the Act.
The Guideline provides guidance inter alia for the basic principles of taking evidence by the Tribunal, the use of interpreters, pre-hearing and at-hearing matters, oaths, witnesses, and combined hearings.
This Guideline applies to all appeals determined by the Tribunal and is primarily informed by the Judicial Analysis on Evidence and credibility assessment in the context of the Common European Asylum System, (IARMJ/EUAA, second edition, February 2023), the Judicial Analysis on Vulnerability in the context of applications for international protection (IARMJ/EASO, 2021), and the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection (February 2019), relevant domestic and international case law, academic commentary. and international best practice.