Appeals pursuant to the European Communities (Reception Conditions) Appeals 2018-2021

Directive 2013/33/EU, otherwise known as the recast Reception Conditions Directive was transposed into domestic law by the European Communities (Reception Conditions) Regulations 2018. The Regulations were since amended in 2021.

The Regulations provide for a right of appeal to the Tribunal pursuant to Regulation 21. Appeals may be brought against the following decisions:

  • Decisions of the Minister for Justice in relation to access to the labour market, from appellants seeking permission to access the labour market or appellants whose permission to access the labour market has been withdrawn or where the Minister has refused to renew an access which had previously been granted but has expired

  • Decisions of the Minister for Children, Equality, Disability, Integration and Youth Affairs in relation to the provision, withdrawal or reduction of material reception conditions such as housing, food and associated benefits in kind

  • Decisions of the Minister for Employment Affairs and Social Protection regarding the daily expenses allowance, and clothing provided by way of financial allowance under the Social Welfare Consolidation Act 2005.

The appeal is against a decision of a Review Officer in the relevant department and the decision of the Review Officer must be submitted to the Tribunal in order for the appeal to be valid.

The time limit within which to appeal to the Tribunal is short – the appeal must be submitted within 10 working days of the notification of the Review Officer’s decision (Regulation 21(1) of the European Communities (Reception Conditions) Regulations 2018.

While there is provision for an oral hearing, generally these appeals are determined on the basis of the papers before the Tribunal. Time is also of the essence for the Tribunal in that the decision must be determined within 15 working days of the acceptance of the appeal.

Appeal Form

Click here for the appeal form Schedule 7
Click here for the appeal form Schedule 8
This page was last updated on November 14, 2024