I am advised by the Chief International Protection Officer (CIPO) who, under the International Protection Act 2015, is independent in the performance of his functions, that the Application for International Protection Questionnaire (IPO 2) is designed to be used by the International Protection Office (IPO) on an ongoing basis and not just as part of the transition arrangements. The questionnaire, therefore, does not and cannot indicate any time-frame for its return. The indicated time-frame for return is detailed with the accompanying documentation.
Applicants have a duty to cooperate, as set out in Section 27 of the International Protection Act 2015 (the 2015 Act), and there are consequences for failing to cooperate set out in Section 38. It is entirely appropriate and necessary, therefore, to include a warning to that effect in the questionnaire. It should also be noted that Section 38 of the 2015 Act, which deals with the consequences of non-cooperation, sets out specifically the procedure to be followed in these cases and gives applicants ample opportunities to address any potential non-cooperation issues.
The paragraph referred to in the Deputy's question points out that applicants may be found not to be cooperating if the form is not returned on time and applies where no explanation or request for additional time to complete it has been received. The warning will be valid as part of the ongoing work of the organisation. The CIPO informs me that adherence to time frames helps to ensure that the work of the office is conducted efficiently and that applicants get timely decisions, particularly those in prioritised categories. For those applications made since the commencement of the 2015 Act, the IPO is asking applicants to adhere to the time-frames indicated.
Regarding the information sent to transition applicants (i.e. those applicants who commenced proceedings under the Refugee Act 1996 (as amended) and are now being processed under the 2015 International Protection Act), Paragraph 7.3 clearly states that the IPO 2 Questionnaire should be returned 'if possible, no later than 20 working days from the date of the covering letter'. The next paragraph 7.4 goes on to state clearly that opportunities to add to the information supplied exist up to two weeks, 'if you are in a position to do so', before the scheduled interview in order to 'facilitate the translation of documents if required and ensure that the IPO interviewer has all your papers available and considered in advance of the interview date' . The word deadline or statutory deadline does not appear in this correspondence and no negative consequences for failing to meet an 'if possible' time frame were included or implied.
Flexibility is being provided by the IPO in recognition of the complexity of the process for applicants affected by the transition provisions and the demands placed on their legal advisors by the transitional arrangements - the wisdom of accessing legal advice is stressed in the Questionnaire. A call centre is available to answer any queries and extra time is available if required for the completion of the IPO 2 Questionnaire. It can be seen, therefore, that no impediment or disadvantage exists to prevent the careful filling out of the new single application form.
