Recognition Appeals Procedure
Recognition Appeals Procedure
Each registration board is responsible for the recognition of international qualifications from the relevant professions. An applicant has a right of appeal to the Health and Social Care Professionals Council (Council) from decisions made by registration boards on recognition applications as set out below.
This Recognition Appeals Procedure provides information on how these appeals to Council operate.
If you wish to appeal a registration board’s decision to refuse to recognise your international qualification, you must make your appeal to Council within 30 days of receiving the decision.
If you wish to appeal a registration board’s failure to:
• acknowledge receipt of an application within one month,
• acknowledge receipt of missing documentation within one month,
• notify you of a decision within four months,
you must make your appeal to Council within 30 days of the one month or four months as appropriate.
You must use the Recognition Appeal form to set out all the information you wish Council to consider and you must pay the appeal fee of €100.
Council may require an expert report from an independent person to assist it in determining your appeal. You will be provided with a copy of this expert report and if you wish to respond, you will have 14 days to do so.
You will be informed of the date when your appeal is listed before Council.
You are entitled to attend at the Council meeting when your appeal is being heard. If you choose to attend you may be accompanied and/or represented at the appeal hearing.
If you choose not to attend your appeal, the documents and written submissions will be considered by Council.
Council will hear your recognition appeal.
Council will make a determination and will notify you.
If Council confirms the registration board’s decision, you will be provided with information on your right of further appeal to the High Court in Ireland. You have 30 days from the date you receive this notification to appeal to the High Court in Ireland.
Another Right of Appeal Directly to the High Court from the Registration Board’s Decision not to Recognise a Qualification
If you are an applicant from within the E.U. you have another way to appeal. You may also appeal directly to the High Court in Ireland against any decision of the registration board acting as the Competent Authority or any failure to make a decision.
You have 42 days from the date you receive notification of the decision to appeal to the High Court in Ireland. If you wish to appeal against the failure to make a decision, the 42 day period starts from the date that the one month or four month period ends.
This appeal to the High Court is set out in Statutory Instrument number 139 of 2008.
If you choose to appeal to Council then you will not be able to appeal the same decision directly to the High Court under Statutory Instrument 139 of 2008.
If you choose to appeal directly to the High Court under Statutory Instrument 139 of 2008 there is no right of appeal from the decision of the High Court to Council.
You may wish to get independent legal advice before deciding on this matter.