Appeal of a negative ORAC Recommendation to the Refugee Appeals Tribunal

Applicants who receive a negative recommendation from ORAC may appeal to the Refugee Appeals Tribunal (RAT) within 15 working days of sending of the notification (Section 16 (1) of the Refugee Act 1996)).

Note that the timeframe for making an appeal on a negative recommendation is 10 working days if the ORAC recommendation includes in its findings one or more of the following elements (Section 13 (6) of the Refugee Act 1996);

• The applicant showed either no basis or a minimal basis for the contention that he or she is a refugee. 
• The applicant made statements or provided information leading to the conclusion that the asylum claim was manifestly unfounded.
• The applicant, without reasonable cause, failed to make an application as soon as practicable after arrival in the State.
• The applicant made a prior application for asylum in another state.
• The applicant is a national of, or has a right of residence in, a safe country.

Note that if one or more of the above elements apply, the appeal to the RAT is based solely on paper documents. There is no right to an oral hearing.

The RAT may affirm a recommendation of the Commissioner (ORAC) or set it aside and recommend that the applicant should be declared a refugee (Section 16 (2)of the Refugee Act 1996).

ORAC is represented at RAT hearings.

Withdrawn applications or decisions by ORAC to deem applications withdrawn cannot be appealed to the Tribunal.