The Tribunal Chairperson, Hilkka Becker, has issued a new Guideline on Taking Evidence which is issued pursuant to s.63(2) of the Act and replaces Chairperson’s Guideline No. 2019/1 on Taking Evidence from Appellants and Other Witnesses as issued on 28th January 2019.
This guideline applies to oral hearings before the Tribunal involving appellants and other witnesses and is informed by the International Protection Act 2015 and Regulations made thereunder as well as by Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and by Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status. It further takes account of the Judicial Analyses on Evidence and Credibility Assessment in the Context of the Common European Asylum System (CEAS) (IARMJ/EASO, 2018) and on Vulnerability in the context of applications for international protection (IARMJ/EASO, 2021), as well as the UNHCR Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status (December 2011). Consideration has also been given to relevant case law and academic commentary.
Furthermore, the guideline takes account of legal developments in light of the Criminal Justice (Perjury and Related Offences) Act 2021. It also incorporates guidance in the above mentioned Judicial Analyses and also reflects that oral hearings may now also occur by AV means.
The New Guideline can be viewed here.