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International Protection Act 2015

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International Protection Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 International Protection Act 2015 International Protection Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 66 of 2015 INTERNATIONAL PROTECTION ACT 2015 CONTENTS PART 1 Preliminary Section 1. Short title and commencement 2. Interpretation 3. Regulations 4. Expenses 5. Service of documents 6. Repeals and revocations PART 2 Qualification for International Protection 7. Acts of persecution 8. Reasons for persecution 9. Cessation of refugee status 10. Exclusion from being a refugee 11. Cessation of eligibility for subsidiary protection 12. Exclusion from eligibility for subsidiary protection PART 3 Application for International Protection 13. Preliminary interview 14. Unaccompanied child seeking international protection 15. Application for international protection 16. Permission to enter and remain in the State 17. Temporary residence certificate 18. Statement to be given to applicant 19. Taking of fingerprints 20. Detention of applicant 21. Inadmissible application 22. Subsequent application 23. Report in relation to the health of applicant 24. Examination to determine age of unaccompanied person 25. Examination to determine age for purposes of subsection

(7)of section 20
  1. Protection of identity of applicant PART 4 Assessment of Applications for International Protection
  2. Duty of applicant to cooperate
  3. Assessment of facts and circumstances
  4. International protection needs arising sur place
  5. Actors of persecution or serious harm
  6. Actors of protection
  7. Internal protection
  8. Applicant from safe country of origin PART 5 Examination of Applications at First Instance
  9. Examination of application
  10. Personal interview
  11. Applicants to whom section 15
(4)applies
  1. Withdrawal of application at first instance
  2. Failure by applicant to cooperate
  3. Report of examination of application
  4. Notification of recommendation in relation to application at first instance PART 6 Appeals to Tribunal
  5. Appeal to Tribunal
  6. Oral hearing
  7. Accelerated appeal procedures in certain cases
  8. Appeal to Tribunal: provision of information
  9. Withdrawal and deemed withdrawal of appeal to Tribunal
  10. Decision of Tribunal on appeal PART 7 Declarations and Other Outcomes
  11. Refugee declaration and subsidiary protection declaration
  12. Option to voluntarily return to country of origin
  13. Permission to remain
  14. Prohibition of refoulement
  15. Deportation order
  16. Revocation of refugee declaration or subsidiary protection declaration PART 8 Content of International Protection
  17. Extension to qualified person of certain rights
  18. Permission to reside in State
  19. Travel document
  20. Permission to enter and reside for member of family of qualified person
  21. Permission to reside for member of family of qualified person
  22. Situation of vulnerable persons PART 9 Programme Refugees and Temporary Protection
  23. Programme refugees, etc.
  24. Temporary protection PART 10 International Protection Appeals Tribunal
  25. International Protection Appeals Tribunal
  26. Membership of Tribunal
  27. Functions of chairperson of Tribunal
  28. Functions of deputy chairperson of Tribunal
  29. Role of members of Tribunal
  30. Registrar
  31. Functions of Registrar PART 11 Transitional Provisions
  32. Detention
  33. Transitional provisions relating to declarations and permissions under repealed enactments
  34. Transitional provisions relating to caseloads under repealed enactments
  35. Transitional provisions relating to Refugee Appeals Tribunal PART 12 Miscellaneous
  36. Designation of safe countries of origin
  37. Prioritisation
  38. International protection officers
  39. Chief international protection officer
  40. Contracts for services
  41. Period for making appeal under sections 21, 22, 41 and 43 PART 13 Miscellaneous Amendments
  42. Amendment of Immigration Act 1999
  43. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000
  44. Amendment of section 5 of Immigration Act 2003
  45. Amendment of Immigration Act 2004 SCHEDULE 1 Text of 1951 Convention relating to the Status of Refugees Chapter I GENERAL PROVISIONS Chapter II JURIDICAL STATUS Chapter III GAINFUL EMPLOYMENT Chapter IV WELFARE Chapter V ADMINISTRATIVE MEASURES Chapter VI EXECUTORY AND TRANSITORY PROVISIONS Chapter VII FINAL CLAUSES SCHEDULE 2 Text of 1967 Protocol relating to the Status of Refugees Acts Referred to Child and Family Agency Act 2013 (No. 40) Child Care Acts 1991 to 2013 Civil Legal Aid Act 1995 (No. 32) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Civil Service Regulation Acts 1956 to 2005 Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) European Parliament Elections Act 1997 (No. 2) Health Acts 1947 to 2015 Illegal Immigrants (Trafficking) Act 2000 (No. 29) Immigration Act 1999 (No. 22) Immigration Act 2003 (No. 26) Immigration Act 2004 (No. 1) Medical Practitioners Act 2007 (No. 25) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Refugee Act 1996 (No. 17) Social Welfare Acts Number 66 of 2015 INTERNATIONAL PROTECTION ACT 2015 An Act to restate and modify certain aspects of the law relating to the entry into and presence in the State of persons in need of international protection, while having regard also to the power of the Executive in relation to these matters, to give further effect to Council Directive 2001/55/EC of 20 July 20011 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, to give further effect to Council Directive 2004/83/EC of 29 April 20042 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, to give further effect to Council Directive 2005/85/EC of 1 December 20053 on minimum standards on procedures in Member States for granting and withdrawing refugee status, to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967, to amend the Immigration Act 1999 , the Immigration Act 2003 and the Immigration Act 2004 , to amend or repeal certain other enactments, and to provide for related matters. [30 th December, 2015] Be it enacted by the Oireachtas as follows: PART 1 Preliminary Short title and commencement 1.
(1)This Act may be cited as the International Protection Act 2015.
(2)This Act comes into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3)An order under subsection
(2)may, in respect of the repeal of the Act specified in section 6
(1)effected by that section, appoint different days for the repeal of different provisions of that Act. Interpretation 2.
(1)In this Act— “Act of 1996” means the Refugee Act 1996 ; “Act of 1999” means the Immigration Act 1999 ; “Act of 2004” means the Immigration Act 2004 ; “applicant” means a person who— (
  1. a)has made an application for international protection in accordance with section 15 , or on whose behalf such an application has been made or is deemed to have been made, and (
  2. b)has not ceased, under subsection
(2), to be an applicant; “biometric information” means information relating to the distinctive physical characteristics of a person including— (
  1. a)measurements or other assessments of those characteristics, (
  2. b)information about those characteristics held in an automated form, but does not include references to the DNA profile of a person, and references to the provision by a person of biometric information means its provision in a way that enables the identity of the person to be investigated or ascertained; “chairperson” means the chairperson of the Tribunal; “chief international protection officer” means the person appointed under section 75 to be the chief international protection officer; “country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence; “civil partner” means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “deportation order” shall be construed in accordance with section 51 ; “deputy chairperson” means a deputy chairperson of the Tribunal; “DNA profile” has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ; “document” includes— (
  3. a)any written matter, (
  4. b)any photograph, (
  5. c)any currency notes or counterfeit currency notes, (
  6. d)any information in non-legible form that is capable of being converted into legible form, (
  7. e)any audio or video recording, and (
  8. f)a travel document or an identity document; “Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 20134 “Dublin System Regulations” means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation; “establishment day” shall be construed in accordance with section 61
(2); “European Asylum Support Office” means the European Asylum Support Office established by Regulation (EU) No. 439/2010 of the European Parliament and of the Council of 19 May 20105 ; “Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 1 ) and includes the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 2 ); “High Commissioner” means the United Nations High Commissioner for Refugees; “identity document” includes a passport, visa, transit visa, national identity card, entry permit, residence permit, driving licence, employment permit, birth certificate, marriage certificate or any other document establishing or contributing to establishing a person’s nationality or identity issued or purporting to be issued by or on behalf of a local or the national authority of a state, including the State, or by an organ or agency of the United Nations; “immigration officer” has the meaning it has in section 3 of the Act of 2004; “information” includes— (
  1. a)information in the form of a document (or any other thing) or in any other form, and (
  2. b)personal information, including biometric information; “international protection” means status in the State either— (
  3. a)as a refugee, on the basis of a refugee declaration, or (
  4. b)as a person eligible for subsidiary protection, on the basis of a subsidiary protection declaration; “international protection officer” means a person who is authorised under section 74 to perform the functions conferred on an international protection officer by or under this Act; “legal assistance” means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995 ; “legal representative” means a practising solicitor or a practising barrister; “Minister” means the Minister for Justice and Equality; “persecution” shall be construed in accordance with section 7 ; “person eligible for subsidiary protection” means a person— (
  5. a)who is not a national of a Member State of the European Union, (
  6. b)who does not qualify as a refugee, (
  7. c)in respect of whom substantial grounds have been shown for believing that he or she, if returned to his or her country of origin, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country, and (
  8. d)who is not excluded under section 12 from being eligible for subsidiary protection; “personal interview” means an interview held under section 35
(1); “preliminary interview” means an interview held under section 13
(1); “prescribed” means prescribed by regulations made by the Minister; “protection” (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with section 31 ; “qualified person” means a person who is either— (
  1. a)a refugee and in relation to whom a refugee declaration is in force, or (
  2. b)a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force; “refugee” means a person, other than a person to whom section 10 applies, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside his or her country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it; “refugee declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a refugee; “registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 ; “Registrar” means the Registrar of the Tribunal appointed under section 66 ; “Regulations of 2006” means the European Communities (Eligibility for Protection) Regulations 2006 ( S.I. No. 518 of 2006 ); “Regulations of 2013” means the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 ); “safe country of origin” means a country that has been designated under section 72 as a safe country of origin; “serious harm” means— (
  3. a)death penalty or execution, (
  4. b)torture or inhuman or degrading treatment or punishment of a person in his or her country of origin, or (
  5. c)serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict; “serious non-political crime” includes particularly cruel actions, even if committed with an allegedly political objective; “statute” means— (
  6. a)an Act of the Oireachtas, or (
  7. b)a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution; “statutory instrument” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute; “social welfare benefits” includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2015 ; “subsidiary protection declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a person eligible for subsidiary protection; “Tribunal” means the International Protection Appeals Tribunal established by section 61 .
(2)A person shall cease to be an applicant on the date on which— (a) subject to subsection
(3), the Minister refuses— (i) under subsection
(2)or
(3)of section 47 to give the person a refugee declaration, or (ii) under section 47
(5)both to give a refugee declaration and to give a subsidiary protection declaration to the person, (b) subject to subsection
(3), he or she is first given, under section 54
(1), a permission to reside in the State, or (c) he or she is transferred from the State in accordance with the Dublin Regulation.
(3)Where— (a) a recommendation referred to in section 39
(3)(
  1. b)is made in respect of an applicant, and (
  2. b)the applicant appeals under section 41
(1)(a) against the recommendation, notwithstanding the giving, under section 47
(4)(a), of a subsidiary protection declaration to the applicant on the basis of the recommendation, he or she shall, for the purposes of this Act, remain an applicant until, following the decision of the Tribunal in relation to the appeal, the Minister, under section 47 , gives or, as the case may be, refuses to give him or her a refugee declaration. Regulations 3.
(1)The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2)Different regulations may be made under this section in respect of different classes of matter the subject of the prescribing concerned.
(3)Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(4)Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling such regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses
  1. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Service of documents
  2. A notice or other document that is required or authorised by or under this Act to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address most recently furnished by him or her to the Minister under section 16
(3)(
  1. c)or, in a case in which an address for service has been furnished, at that address; (
  2. c)by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to the person at the address most recently furnished by him or her to the Minister under section 16
(3)(c) or, in a case in which an address for service has been furnished, at that address. Repeals and revocations 6.
(1)Subject to Part 11 , the Act of 1996 is repealed.
(2)Subject to Part 11 , the following enactments are revoked: (
  1. a)Dublin Convention (Implementation) Order 2000 ( S.I. No. 343 of 2000 ); (
  2. b)Refugee Act 1996 (Places and Conditions of Detention) Regulations 2000 ( S.I. No. 344 of 2000 ); (
  3. c)Refugee Act 1996 (Application Form) Regulations 2000 ( S.I. No. 345 of 2000 ); (
  4. d)Refugee Act 1996 (Temporary Residence Certificate) Regulations 2000 ( S.I. No. 346 of 2000 ); (
  5. e)Refugee Act 1996 (Travel Document) Regulations 2000 ( S.I. No. 347 of 2000 ); (
  6. f)Refugee Act 1996 (Appeals) Regulations 2002 ( S.I. No. 571 of 2002 ); (
  7. g)Refugee Act 1996 (Safe Countries of Origin) Order 2003 ( S.I. No. 422 of 2003 ); (
  8. h)Refugee Act 1996 (Section 22) Order 2003 ( S.I. No. 423 of 2003 ); (
  9. i)Refugee Act 1996 (Appeals) Regulations 2003 ( S.I. No. 424 of 2003 ); (
  10. j)Refugee Act 1996 (Safe Countries of Origin) Order 2004 ( S.I. No. 714 of 2004 ); (
  11. k)the Regulations of 2006; (
  12. l)European Communities (Asylum Procedures) Regulations 2011 ( S.I. No. 51 of 2011 ); (
  13. m)Refugee Act 1996 (Asylum Procedures) Regulations 2011 ( S.I. No. 52 of 2011 ); (
  14. n)the Regulations of 2013; (
  15. o)Refugee Act 1996 (Travel Document and Fee) Regulations 2011 ( S.I. No. 404 of 2011 ); (
  16. p)European Union (Dublin System) Regulations 2014 ( S.I. No. 525 of 2014 ); (
  17. q)European Union (Subsidiary Protection) (Amendment) Regulations 2015 ( S.I. No. 137 of 2015 ). PART 2 Qualification for International Protection Acts of persecution 7.
(1)For the purposes of this Act, acts of persecution must be— (a) sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15
(2)of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or (b) an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner as mentioned in paragraph (a).
(2)The following are examples of acts which may amount to acts of persecution for the purposes of subsection
(1): (
  1. a)acts of physical or mental violence, including acts of sexual violence; (
  2. b)legal, administrative, police or judicial measures, or a combination of these measures, that are in themselves discriminatory or are implemented in a discriminatory manner; (
  3. c)prosecution or punishment that is disproportionate or discriminatory; (
  4. d)denial of judicial redress resulting in a disproportionate or discriminatory punishment; (
  5. e)prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts of a kind referred to in section 10
(2); (f) acts of a gender-specific or child-specific nature.
(3)For the purpose of the definition of “refugee” in section 2 , there must be a connection between the reasons for persecution and the acts of persecution or the absence of protection. Reasons for persecution 8.
(1)An international protection officer or the Tribunal, as the case may be, shall take the following into account when assessing the reasons for persecution: (
  1. a)the concept of race shall in particular include considerations of colour, descent or membership of a particular ethnic group; (
  2. b)the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief; (
  3. c)the concept of nationality shall not be confined to citizenship or lack thereof but shall in particular include membership of a group determined by its cultural, ethnic or linguistic identity, common geographical or political origins or its relationship with the population of another state; (
  4. d)a group shall be considered to form a particular social group where in particular— (
  5. i)members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, or (
  6. ii)that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society, and, depending on the circumstances in the country of origin, a particular social group may include a group based on a common characteristic of sexual orientation; (
  7. e)the concept of political opinion shall in particular include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant concerned.
(2)In the assessment of whether an applicant has a well-founded fear of being persecuted, it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.
(3)For the purposes of subsection
(1)(d): (
  1. a)sexual orientation shall not include acts considered to be criminal in the State; (
  2. b)gender related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group. Cessation of refugee status 9.
(1)A person shall cease to be a refugee if he or she— (
  1. a)has voluntarily re-availed himself or herself of the protection of the country of nationality, (
  2. b)having lost his or her nationality, has voluntarily re-acquired it, (
  3. c)has acquired a new nationality (other than as an Irish citizen), and enjoys the protection of the country of his or her new nationality, (
  4. d)has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution, (
  5. e)subject to subsections
(2)and
(3), can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of his or her country of nationality, or (f) subject to subsections
(2)and
(3), being a stateless person, is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to his or her country of former habitual residence.
(2)In determining whether paragraph (
  1. e)or (
  2. f)of subsection
(1)applies, regard shall be had to whether the change of circumstances is of such a significant and non-temporary nature that the person’s fear of persecution can no longer be regarded as well-founded.
(3)Paragraphs (
  1. e)and (
  2. f)of subsection
(1)shall not apply to a refugee who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence. Exclusion from being a refugee 10.
(1)A person is excluded under this Act from being a refugee where he or she— (a) subject to subsection
(4), is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance, or (b) is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.
(2)A person is excluded from being a refugee where there are serious reasons for considering that he or she— (
  1. a)has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes, (
  2. b)has committed a serious non-political crime outside the State prior to his or her arrival in the State, or (
  3. c)has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.
(3)A person is excluded from being a refugee where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of a crime or an act referred to in subsection
(2).
(4)Subsection
(1)(a) shall not apply to a person referred to in that subparagraph where the protection or assistance concerned has ceased for any reason, without the position of persons who had been receiving that protection or assistance being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations. Cessation of eligibility for subsidiary protection 11.
(1)A person shall cease to be eligible for subsidiary protection when the circumstances which led to his or her eligibility for subsidiary protection have ceased to exist or have changed to such a degree that international protection is no longer required.
(2)In determining whether subsection
(1)applies, regard shall be had to whether the change of circumstances is of such a significant and non-temporary nature that the person no longer faces a real risk of serious harm.
(3)Subsection
(1)shall not apply to a person eligible for subsidiary protection who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence. Exclusion from eligibility for subsidiary protection 12.
(1)A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she— (
  1. a)has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes, (
  2. b)has committed a serious crime, (
  3. c)has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or (
  4. d)constitutes a danger to the community or to the security of the State.
(2)A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of a crime or an act referred to in subsection
(1).
(3)A person is excluded from being eligible for subsidiary protection if he or she has, prior to his or her arrival in the State, committed a crime, not referred to in subsection
(1), which, if committed in the State, would be punishable by imprisonment and if he or she left his or her country of origin solely in order to avoid sanctions resulting from that crime. PART 3 Application for International Protection Preliminary interview 13.
(1)A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she— (
  1. a)wishes to make an application for international protection, (
  2. b)is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or (
  3. c)fears or faces persecution or serious harm if returned to his or her country of origin, shall be interviewed by an officer of the Minister or an immigration officer at such time as may be specified by the officer concerned and the person shall make himself or herself available for such interview at the time or times so specified.
(2)A preliminary interview shall be conducted so as to establish, among other things— (
  1. a)whether the person wishes to make an application for international protection and, if he or she does so wish, the general grounds on which the application is based, (
  2. b)the identity of the person, (
  3. c)the nationality of the person, (
  4. d)the country of origin of the person, (
  5. e)the route travelled by the person to the State, the means of transport used and details of any person who assisted the person in travelling to the State, (
  6. f)the reason why the person came to the State, (
  7. g)the legal basis for the entry into or presence in the State of the person, and (
  8. h)whether any of the circumstances referred to in section 21
(2)may apply.
(3)A preliminary interview shall, where necessary to ensure appropriate communication between the person and the person who conducts the interview, be conducted with the assistance of an interpreter.
(4)A record of a preliminary interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the preliminary interview was conducted by an immigration officer who is not an officer of the Minister, to the Minister.
(5)The Minister shall furnish a copy of the record of a preliminary interview to the High Commissioner whenever requested in writing by the High Commissioner to do so. Unaccompanied child seeking international protection 14.
(1)Where it appears to an officer referred to in section 13 that a person seeking to make an application for international protection, or who is the subject of a preliminary interview, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify the Child and Family Agency of that fact.
(2)After the notification referred to in subsection
(1), it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly. Application for international protection 15.
(1)Subject to sections 21 and 22 , a person who has attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection— (
  1. a)on his or her own behalf, or (
  2. b)on behalf of another person who has not attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully), where the person who has attained the age of 18 years is taking responsibility for the care and protection of the person who has not attained the age of 18 years.
(2)Subject to subsections
(3)and
(4), an application for international protection shall be made in person and shall be made to the Minister.
(3)Subject to sections 21 and 22 , a person who makes an application under subsection
(1)(
  1. a)shall be deemed to also have made an application for international protection on behalf of his or her dependent child where the child is not an Irish citizen and— (
  2. a)at the time of the making of the application by the person, is present in the State and has not attained the age of 18 years, (
  3. b)is born in the State while the person is an applicant, or (
  4. c)not having attained the age of 18 years, enters the State while the person is an applicant.
(4)Subject to sections 21 and 22 , where it appears to the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years (in this subsection referred to as a “child”) in respect of whom the Agency is providing care and protection, it shall arrange for the appointment of an employee of the Agency or such other person as it may determine to make such an application on behalf of the child and to represent and assist the child with respect to the examination of the application.
(5)An application for international protection shall be made in the prescribed form and shall include— (
  1. a)all details of the grounds for the application, and (
  2. b)all information that would, in the event that section 49 , 50, 56 or 57 were to apply to the applicant, be relevant to the decision of the Minister under the section concerned.
(6)The Minister shall notify the High Commissioner in writing of the making of an application for international protection and the notice shall include the name of the applicant, his or her country of origin and such other information as the Minister considers appropriate. Permission to enter and remain in the State 16.
(1)An applicant shall be given, by or on behalf of the Minister, a permission that operates to allow the applicant to enter and remain or, as the case may be, to remain in the State for the sole purpose of the examination of his or her application, including any appeal to the Tribunal in relation to the application.
(2)A permission given under subsection
(1)shall be valid until the person to whom it is given ceases under section 2
(2)to be an applicant.
(3)Subject to subsection
(6), an applicant shall— (
  1. a)not leave or attempt to leave the State without the consent of the Minister, (
  2. b)not seek, enter or be in employment or engage for gain in any business, trade or profession, (
  3. c)inform the Minister of his or her address and any change of address as soon as possible, and (
  4. d)comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer: (
  5. i)that he or she reside or remain in a specified district or place in the State; (
  6. ii)that he or she report at specified intervals to— (I) an immigration officer, or (II) a specified Garda Síochána station.
(4)An immigration officer may, by notice in writing, withdraw a condition referred to in subsection
(3)(d) or vary it in a specified manner, and a reference in this Act to a condition imposed on an applicant under subsection
(3)(d) shall be construed as including a reference to such a condition as varied under this subsection.
(5)An applicant who contravenes subsection
(3)or
(4)shall be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 1 month or both.
(6)Paragraphs (a), (
  1. b)and (
  2. d)of subsection
(3)and section 20 shall not apply to an applicant— (a) to whom section 2
(3)applies, or (b) who, were he or she not an applicant, would be entitled to remain in the State under any other enactment or rule of law. Temporary residence certificate 17.
(1)The Minister shall give or cause to be given to an applicant a temporary residence certificate (in this section referred to as a “certificate”).
(2)A certificate shall contain— (
  1. a)the name of the applicant, (
  2. b)a photograph of the applicant sufficient to identify him or her, and (
  3. c)such other information as may be prescribed.
(3)A certificate remains the property of the Minister and the person to whom it is given shall surrender it when requested to do so by, or on behalf of, the Minister.
(4)A certificate shall be deemed to be a registration certificate for the purposes of section 12 of the Act of 2004 and an applicant to whom a certificate has been given shall, for so long as the certificate remains valid, be deemed to have complied with section 9 of that Act.
(5)A certificate ceases to be valid, and the applicant concerned shall return it to the Minister without delay, where the permission given to the applicant under section 16 ceases, under section 16
(2), to be valid.
(6)A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of, a certificate shall be guilty of an offence and liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months, or both. Statement to be given to applicant 18.
(1)The Minister shall, as soon as practicable after receipt by him or her of an application, give or cause to be given to the applicant a statement in writing specifying, in a language that the applicant may reasonably be supposed to understand— (
  1. a)the procedures to be followed in the examination under this Act of applications for international protection, (
  2. b)the entitlement of the applicant, for the purposes of his or her application, to consult a legal representative, (
  3. c)the entitlement of the applicant under this Act to be provided with the services of an interpreter, (
  4. d)the entitlement of the applicant to make, in writing to the Minister, submissions in relation to his or her application, (
  5. e)the duty of the applicant under section 27 to co-operate in relation to his or her application, (
  6. f)the obligation of the applicant to comply with the requirements specified in section 16
(3), and (
  1. g)the possible consequences of the failure of the applicant to attend a personal interview, or to comply with the obligations referred to in paragraphs (
  2. e)and (f), including the possibility of section 38
(5)applying to the applicant.
(2)The Minister, in giving or causing to be given a statement under subsection
(1), shall, in addition, inform the applicant of his or her entitlements and duties under subsections
(6)and
(9)of section 49 . Taking of fingerprints 19.
(1)Subject to subsection
(2), a member of the Garda Síochána, or an immigration officer may— (
  1. a)for the purpose of establishing the identity of a person for any purpose of this Act, take or cause to be taken the fingerprints of an applicant, or (
  2. b)for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause to be taken the fingerprints of a person who— (
  3. i)is not a citizen of a Member State, (
  4. ii)has attained the age of 14 years, and (iii) not having permission, under any enactment or rule of law, to be present or remain in the State, has been found in the State.
(2)Fingerprints shall not be taken under this section from a person who has not attained the age of 14 years, other than in the presence of— (
  1. a)his or her parent, or another person who is taking responsibility for him or her, or (
  2. b)where applicable, a person appointed by the Child and Family Agency under section 15
(4)to make an application on behalf of him or her.
(3)If and for so long as the immigration officer or, as the case may be, member of the Garda Síochána concerned has reasonable grounds for believing that the person has attained the age of 14 years, the provisions of subsection
(2)shall apply as if he or she has attained the age of 14 years.
(4)An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection
(1)— (a) shall be deemed, for the purposes of section 20
(1)(c), not to have made reasonable efforts to establish his or her identity, and (b) shall be deemed to have failed to comply with the requirements of section 27
(1).
(5)The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection
(1).
(6)Every fingerprint of an applicant taken pursuant to subsection
(1)and kept under subsection
(5)shall (if not earlier destroyed) be destroyed— (
  1. a)not later than 3 months after the person from whom it was taken— (
  2. i)is first given, under section 54 , a permission to reside in the State, and complies with section 9
(2)of the Act of 2004, (
  1. ii)becomes an Irish citizen, or (iii) satisfies the Minister that he or she has acquired the citizenship or nationality of a Member State, or (
  2. b)in any other case, not later than 10 years after the date on which it is taken.
(7)In this section— “Member State” includes a state that participates in the Dublin Regulation by virtue of an agreement between the state and the European Union. Detention of applicant 20.
(1)An immigration officer or a member of the Garda Síochána may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant— (
  1. a)poses a threat to public security or public order in the State, (
  2. b)has committed a serious non-political crime outside the State, (
  3. c)has not made reasonable efforts to establish his or her identity, (
  4. d)intends to leave the State and without lawful authority enter another state, (
  5. e)has acted or intends to act in a manner that would undermine— (
  6. i)the system for granting persons international protection in the State, or (
  7. ii)any arrangement relating to the Common Travel Area, or (
  8. f)without reasonable excuse— (
  9. i)has destroyed his or her identity or travel document, or (
  10. ii)is or has been in possession of a forged, altered or substituted identity document, and an applicant so arrested may be taken to and detained in a prescribed place (in this section referred to as a “place of detention”).
(2)A person detained under subsection
(1)shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.
(3)Where a person is brought before a judge of the District Court under subsection
(2), the judge may— (a) subject to subsection
(4), and if satisfied that one or more of the paragraphs of subsection
(1)apply in relation to the person, commit the person concerned to a place of detention for a period not exceeding 21 days from the time of his or her detention, or (b) without prejudice to subsection
(4), release the person and make such release subject to conditions, including conditions requiring him or her to— (
  1. i)reside or remain in a specified district or place in the State, (
  2. ii)report at specified intervals to a specified Garda Síochána station, or (iii) surrender any passport or other travel document that he or she holds.
(4)If, at any time during the detention of a person under this section, an immigration officer or a member of the Garda Síochána is of the opinion that none of the paragraphs of subsection
(1)applies in relation to the person, the person shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and, if the judge is satisfied that none of the paragraphs of subsection
(1)applies in relation to the person, the judge shall release the person.
(5)Where a person is released from a place of detention subject to one or more of the conditions referred to in subsection
(3)(b), a judge of the District Court assigned to the District Court district in which the person’s dwelling place is situated may, on the application of the person, an immigration officer or a member of the Garda Síochána, if the judge considers it appropriate to do so, vary, revoke or add a condition to the release, and a reference in this section to a condition referred to in subsection
(3)(b) shall be construed as including a reference to such a condition as varied or added to under this subsection.
(6)Subject to subsection
(7), subsections
(1)to
(5)shall not apply to a person who has not attained the age of 18 years.
(7)(a) Subsections
(1),
(2),
(3),
(4)and
(5)shall apply to a person who has indicated that he or she has not attained the age of 18 years if and for so long as— (
  1. i)not fewer than two members of the Garda Síochána or two immigration officers, or (
  2. ii)a member of the Garda Síochána and an immigration officer, on reasonable grounds, believe that the person has attained that age. (
  3. b)Subsections
(1),
(2),
(3),
(4)and
(5)shall apply to a person who has indicated that he or she has not attained the age of 18 years— (
  1. i)if and for so long as a member of the Garda Síochána or an immigration officer on reasonable grounds, believes that the person has attained that age, and (
  2. ii)if— (I) following the conduct of an examination under section 25 , the person who conducted the examination is of the opinion that the person has attained that age, or (II) the person refuses to undergo such an examination.
(8)Where an unmarried person who has not attained the age of 18 years is in the custody of another person (whether his or her parent or a person acting in loco parentis or any other person) and that other person is detained under the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify the Child and Family Agency of the detention and of the circumstances thereof.
(9)A member of the Garda Síochána may arrest without warrant and detain, in a place of detention, a person who, in the member’s opinion, has failed to comply with a condition imposed by the District Court under subsection
(3)(b).
(10)A person detained under subsection
(9)shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained, and subsections
(3),
(4)and
(5)shall apply to such person detained under subsection
(9)as they apply to a person detained under subsection
(1), subject to the modifications that references in those subsections to the judge’s being satisfied that one or more of the paragraphs of subsection
(1)apply shall be construed as a reference to his or her being satisfied that the person has failed to comply with a condition referred to in subsection
(3)(b), and any other necessary modifications.
(11)If a judge of the District Court is satisfied in relation to a person brought before him or her under subsection
(10)that the person has complied with the condition referred to in subsection
(3)(b), the judge shall order the release of the person.
(12)Where a person is detained under subsection
(3)or
(10), a judge of the District Court assigned to the District Court district in which the person is being detained may, if satisfied that one or more of the paragraphs of subsection
(1)applies in relation to the person, commit the person for further periods (each period being a period not exceeding 21 days) pending the determination of the person’s application for international protection.
(13)(
  1. a)If, at any time during the detention of a person under this section, the person indicates a desire to leave the State, he or she shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained. (
  2. b)The judge referred to in paragraph (
  3. a)shall, if satisfied that— (
  4. i)the person does not wish to proceed with his or her application for international protection and wishes to leave the State, and (
  5. ii)the person has obtained, or has been given the opportunity of obtaining or being provided with, professional legal advice on the consequences of his or her decision not to proceed with his or her application for international protection, order the Minister to arrange for the removal of the person from the State, and may include in the order such ancillary or consequential provisions as he or she may determine. (
  6. c)On the making of the order referred to in paragraph (b), the person shall be deemed to have withdrawn his or her application for international protection or, as the case may be, appeal under section 41 .
(14)A person detained under this section is entitled to— (
  1. a)consult a legal representative, (
  2. b)have notification of his or her detention, the place of his or her detention and every change in that place sent to the High Commissioner and to another person reasonably nominated by the detained person for that purpose, and (
  3. c)the assistance of an interpreter for the purpose of consultation with a legal representative under paragraph (
  4. a)and for the purpose of any appearance before a court under this section.
(15)An immigration officer or, as the case may be, a member of the Garda Síochána detaining a person under subsection
(1)or
(9)shall, without delay, inform the person or cause him or her to be informed, in a language that he or she may reasonably be supposed to understand— (
  1. a)that he or she is being detained under this section, (
  2. b)that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released pending a determination of his or her application for international protection, (
  3. c)of his or her entitlements under subsection
(14), and (d) that he or she is entitled to leave the State at any time during the period of his or her detention and, if he or she indicates a desire to do so, he or she shall, in accordance with subsection
(13), be brought before a court as soon as practicable, and the court may make such orders as may be necessary for his or her removal from the State.
(16)The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall also explain to a person detained under subsection
(1)or
(9), in a language that the person may reasonably be supposed to understand, that, if he or she does not wish to exercise a right specified in subsection
(14)immediately, he or she shall not be precluded thereby from doing so later.
(17)The immigration officer or, as the case may be, the member of the Garda Síochána concerned, shall notify the Minister and, if the person detained has appealed under section 41 , the Tribunal, of the detention or release of a person under this section.
(18)The chief international protection officer or, as the case may be, the Tribunal, shall ensure that the examination of an application for international protection or the consideration of an appeal under section 41 of a person detained under subsection
(1)or
(9)shall be dealt with as soon as may be and, if necessary, before any such application or appeal of a person not so detained.
(19)The Minister shall make regulations providing for the treatment of persons detained pursuant to this section.
(20)In this section— “arrangement relating to the Common Travel Area” means an arrangement between the Government and the government of the United Kingdom of Great Britain and Northern Ireland relating to the lawful movement of persons between Common Travel Area territories; “Common Travel Area territory” means the State, the United Kingdom, the Channel Islands or the Isle of Man; “substituted identity document” means an identity document that does not relate to the person who is or has been in possession of the document and which the person in possession of the document has used or intends or intended to use for the purposes of establishing identity; “United Kingdom” means the United Kingdom of Great Britain and Northern Ireland. Inadmissible application 21.
(1)A person may not make an application for international protection where the application is, under subsection
(2), inadmissible.
(2)An application for international protection is inadmissible where one or more than one of the following circumstances applies in relation to the person who is the subject of the application: (
  1. a)another Member State has granted refugee status or subsidiary protection status to the person; (
  2. b)a country other than a Member State is, in accordance with subsection
(15), a first country of asylum for the person.
(3)Where an international protection officer is of the opinion that an application for international protection is inadmissible, he or she shall recommend to the Minister that the application be determined to be inadmissible.
(4)Where an international protection officer makes a recommendation under subsection
(3)— (
  1. a)he or she shall prepare a report in writing, which shall include the reasons for the recommendation, and (
  2. b)the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include— (
  3. i)a statement of the reasons for the recommendation, (
  4. ii)a copy of the report referred to in paragraph (a), (iii) a statement informing the person of his or her entitlement under subsection
(6)to appeal to the Tribunal against the recommendation, and (iv) where applicable, a statement of the effect of subsection
(13).
(5)The Minister shall notify the High Commissioner of a recommendation under subsection
(3).
(6)A person to whom a notification under subsection
(4)is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.
(7)Sections 41 , 44 , 45 and 46
(8)shall apply to an appeal under subsection
(6)subject to the following modifications, and any other necessary modifications: (
  1. a)the Tribunal shall make its decision without an oral hearing; (
  2. b)a reference in section 44 to the documents given under section 40 to an applicant shall be construed as a reference to the notification given to the person concerned under subsection
(4).
(8)Before reaching a decision on an appeal under subsection
(6), the Tribunal shall consider the following— (
  1. a)the notice of appeal, (
  2. b)all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the application for international protection concerned is admissible, (
  3. c)any observations made to the Tribunal by the Minister or the High Commissioner, and (
  4. d)such other matters as the Tribunal considers relevant to the appeal.
(9)In relation to an appeal under subsection
(6), the Tribunal may decide to— (
  1. a)affirm the recommendation of the international protection officer, or (
  2. b)set aside the recommendation of the international protection officer.
(10)The decision of the Tribunal on an appeal under subsection
(6)and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.
(11)Where a recommendation is made under subsection
(3), and— (a) the person concerned does not appeal under subsection
(6)against the recommendation, or (b) the Tribunal, under subsection
(9), affirms the recommendation, the Minister shall determine the application to be inadmissible.
(12)Where the Minister determines an application to be inadmissible, he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the determination and of the reasons for it, which notification shall, where applicable, include a statement of the effect of subsection
(13).
(13)Where an application for international protection that is purported to have been made under section 15 is determined under subsection
(11)to be inadmissible— (
  1. a)any examination of the application shall be terminated, and (
  2. b)the report referred to in section 39 shall not be prepared.
(14)A notification under subsections
(4)(b) and
(12)shall be in a language that the person concerned may reasonably be supposed to understand, where— (
  1. a)the person is not assisted or represented by a legal representative, and (
  2. b)legal assistance is not available to the person.
(15)For the purposes of this section, a country is a first country of asylum for a person if he or she— (
  1. a)(
  2. i)has been recognised in that country as a refugee and can still avail himself or herself of that protection, or (
  3. ii)otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement, and (
  4. b)will be re-admitted to that country.
(16)In this section, “refugee status” and “subsidiary protection status” shall be construed in accordance with Article 2 of Council Directive 2004/83/EC2 . Subsequent application 22.
(1)A person shall not make a subsequent application without the consent of the Minister, given under this section.
(2)An application for the consent referred to in subsection
(1)shall include— (
  1. a)a written statement of the reasons why the person concerned considers that the consent of the Minister should be given, (
  2. b)where the previous application was withdrawn or deemed to have been withdrawn under this Act or, as the case may be, the Act of 1996, a written explanation of the circumstances giving rise to the withdrawal or deemed withdrawal, (
  3. c)where the person concerned was deemed, for the purposes of his or her previous application, to be a person to whom section 38
(5)applied, a written explanation of the circumstances giving rise to the application to him or her of that subsection, (
  1. d)all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to international protection, and (
  2. e)a written statement drawing to the Minister’s attention any new elements or findings, which have arisen since the determination of the previous application concerned, relating to the examination of whether the person is entitled to international protection.
(3)The Minister shall, as soon as practicable after receipt by him or her of an application under subsection
(2), give or cause to be given to the person concerned a statement in writing specifying in a language that the person may reasonably be supposed to understand— (
  1. a)the procedures that are to be followed for the purposes of this section, (
  2. b)the entitlement of the person to communicate with the High Commissioner, (
  3. c)the duty of the person to co-operate with the Minister and to furnish information relevant to his or her request, and (
  4. d)such other information as the Minister considers necessary to inform the person of the effect of this section, and of any other relevant provision of this Act and regulations made under it.
(4)An international protection officer shall recommend to the Minister that the Minister give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection
(2), the officer is satisfied that— (
  1. a)since the determination of the previous application concerned, new elements or findings have arisen or have been presented by the person which make it significantly more likely that the person will qualify for international protection, and the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application, or (
  2. b)where the previous application concerned was one to which subsection
(2)(b) applies, the person was, at the time of the withdrawal or deemed withdrawal, through no fault of the person, incapable of pursuing his or her previous application.
(5)An international protection officer shall recommend to the Minister that the Minister refuse to give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection
(2), the officer is satisfied that neither paragraph (a) nor (b) of subsection
(4)applies in respect of the person.
(6)Where an international protection officer makes a recommendation under subsection
(5), the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include a statement— (a) of the reasons for the recommendation, and (b) informing the person concerned of his or her entitlement under subsection
(8)to appeal to the Tribunal against the recommendation.
(7)The Minister shall notify the High Commissioner of a recommendation under subsection
(5).
(8)A person to whom a notification under subsection
(6)is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.
(9)Sections 41 , 44 , 45 and 46
(8)shall apply to an appeal under subsection
(8), subject to the following modifications, and any other necessary modifications: (
  1. a)the Tribunal shall make its decision without an oral hearing; (
  2. b)a reference in section 44 to the documents given to the applicant under section 40 shall be construed as a reference to the notification given to the applicant under subsection
(6).
(10)Before reaching a decision on an appeal under subsection
(8), the Tribunal shall consider the following— (
  1. a)the notice of appeal, (
  2. b)all material furnished to the Tribunal by the Minister that is relevant to the recommendation concerned, (
  3. c)any observations made to the Tribunal by the Minister or the High Commissioner, and (
  4. d)such other matters as the Tribunal considers relevant to the appeal.
(11)In relation to an appeal under subsection
(8), the Tribunal may decide to— (
  1. a)affirm the recommendation of the international protection officer, or (
  2. b)set aside the recommendation of the international protection officer.
(12)The decision of the Tribunal on an appeal under subsection
(8)and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.
(13)Where— (a) an international protection officer makes a recommendation under subsection
(4), or (b) the Tribunal, under subsection
(11), sets aside a recommendation under subsection
(5), the Minister shall give his or her consent to the making of a subsequent application by the person concerned.
(14)Where the Minister gives his or her consent under subsection
(13)— (
  1. a)he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of that fact, and (
  2. b)the person concerned shall be entitled, within 10 working days of the sending of the notification under paragraph (a), to make a subsequent application.
(15)Where a recommendation is made under subsection
(5)and— (a) the person concerned does not appeal under subsection
(8)against the recommendation, or (b) the Tribunal, under subsection
(11), affirms the recommendation, the Minister shall refuse to give his or her consent to the making of a subsequent application by the person concerned.
(16)Where a subsequent application is purported to have been made under section 15 and the Minister has not given his or her consent under this section to the making of the application— (
  1. a)any examination of the application shall be terminated, and (
  2. b)the report referred to in section 39 shall not be prepared.
(17)A notification referred to in subsection
(6)or
(14)shall be in a language that the person may reasonably be supposed to understand, where— (
  1. a)the person is not assisted or represented by a legal representative, and (
  2. b)legal assistance is not available to the person.
(18)In this section— “previous application” means, in relation to a person— (
  1. a)an application for international protection made by the person under this Act, in respect of which the Minister has, under section 47 , refused to give a refugee declaration, or (
  2. b)an application made by the person under section 8 of the Act of 1996, in respect of which the Minister has, under section 17 of that Act, refused to give a declaration, and includes any appeal made in relation to the application; “subsequent application” means an application for international protection made by a person who has made a previous application. Report in relation to the health of applicant 23.
(1)Where, in the performance by the Minister or an international protection officer of his or her functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Minister or international protection officer, as the case may be, may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.
(2)Where, in the performance by the Tribunal of its functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Tribunal may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.
(3)The Minister shall establish a panel of registered medical practitioners who, in the opinion of the Minister, possess the qualifications and experience necessary for the performance of the functions of a nominated registered medical practitioner under this section.
(4)In this section, “nominated registered medical practitioner” means a registered medical practitioner who is a member of the panel established under subsection
(3). Examination to determine age of unaccompanied person 24.
(1)The Minister, or an international protection officer, where he or she, with reasonable cause, considers it necessary to do so for the purposes of determining whether an applicant referred to in section 15
(4)has not attained the age of 18 years, may, subject to this section, arrange for the use of an examination to determine the age of the applicant.
(2)An examination under subsection
(1)shall be— (
  1. a)performed with full respect for the applicant’s dignity, (
  2. b)consistent with the need to achieve a reliable result, the least invasive examination possible, and (
  3. c)where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.
(3)An examination under subsection
(1)shall not be carried out without the consent of— (
  1. a)the applicant concerned, or (
  2. b)one of the following: (
  3. i)an adult who is taking responsibility for the care and protection of the applicant; or (
  4. ii)an employee or other person appointed by the Child and Family Agency under section 15
(4).
(4)The Minister or international protection officer, as the case may be, shall ensure that an applicant referred to in section 15
(4)is informed, prior to the international protection officer’s examination of the application, in a language which the applicant may reasonably be supposed to understand, of— (a) the possibility that the age of the applicant may be determined by examination under subsection
(1), (b) the method or methods to be used in the examination under subsection
(1), (c) the possible consequences of the result of the examination under subsection
(1)for the examination by the international protection officer of the application, and (d) the consequences of refusal on the part of the applicant to undergo the examination.
(5)The consequences referred to in subsection
(4)(d) are that the Minister or international protection officer may proceed to determine, for the purposes of this Act and in the absence of an examination under subsection
(1), whether the applicant has not attained the age of 18 years.
(6)The best interests of the child shall be a primary consideration in the application of this section.
(7)For the purposes of subsection
(1), the Minister or international protection officer shall be considered to have reasonable cause where he or she considers that, on the basis of general statements or other relevant indications, there are reasons to have doubts in relation to the age of the applicant concerned. Examination to determine age for purposes of subsection
(7)of section 20 25.
(1)For the purposes of paragraph (b) of subsection
(7)of section 20 , the Minister may arrange for the carrying out of an examination (in this section referred to as an “examination”) in order to determine the age of a person.
(2)A member of the Garda Síochána or an immigration officer who has formed a belief to which paragraph (b) of subsection
(7)of section 20 applies may request the Minister to make an arrangement under subsection
(1)and the Minister shall, upon receipt of such request make such an arrangement.
(3)The Minister shall ensure that a person in respect of whom it is proposed to make an arrangement under subsection
(1)is informed, prior to the examination concerned, in a language that the applicant may reasonably be supposed to understand, of— (
  1. a)the possibility that the age of the applicant may be determined by an examination, (
  2. b)the method or methods to be used in the examination, and (
  3. c)the consequences of refusal on the part of the applicant to undergo the examination.
(4)An examination under subsection
(1)shall not be carried out without the consent of— (
  1. a)the applicant concerned, or (
  2. b)one of the following: (
  3. i)an adult who is taking responsibility for the care and protection of the person; or (
  4. ii)an employee or other person appointed by the Child and Family Agency under subsection
(4)of section 15 .
(5)An examination under subsection
(1)shall be— (
  1. a)performed with full respect for the person’s dignity, (
  2. b)consistent with the need to achieve a reliable result, the least invasive examination possible, and (
  3. c)where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.
(6)The best interests of the child shall be a primary consideration in the application of this section. Protection of identity of applicant 26.
(1)The Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.
(2)A person shall not, without the consent of the applicant, publish in a written publication available to the public or broadcast, or cause to be so published or broadcast, information likely to lead members of the public to identify a person as an applicant.
(3)If any matter is published or broadcast in contravention of subsection
(2), the following persons shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment of 12 months or both: (
  1. a)in the case of a publication in a newspaper or periodical, the proprietor, the editor and the publisher of the newspaper or periodical; (
  2. b)in the case of any other publication, the person who publishes it; (
  3. c)in the case of matter that is a programme that is broadcast, any person who transmits or provides that programme in which the broadcast is made, and any person having functions in relation to the programme corresponding to those of the editor of a newspaper; (
  4. d)in the case of matter that is broadcast but is not a programme, the person responsible for broadcasting the matter and any person having functions in relation to the website or other medium of communications corresponding to those of the editor of a newspaper.
(4)Where a person is charged with an offence under subsection
(3), it shall be a defence to prove that at the time of the alleged offence he or she was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is referred to in subsection
(2).
(5)In this section— “applicant” means a person who is or has been an applicant— (
  1. a)under this Act, or (
  2. b)within the meaning of the Act of 1996,Regulation 4 of the Regulations of 2006 or the Regulations of 2013; “broadcast” means the transmission, relaying or distribution by wireless telegraphy or cable of communications, sounds, signs, visual images or signals intended for direct reception by the general public, whether such communications, sounds, signs, visual images or signals are actually received or not, and includes the publication of such communications, sounds, signs, visual images or signals through the medium of the internet; “written publication” includes a film, a sound track and any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings. PART 4 Assessment of Applications for International Protection Duty of applicant to cooperate 27.
(1)It shall be the duty of an applicant— (
  1. a)to submit as soon as reasonably practicable all the information needed to substantiate his or her application, (
  2. b)to co-operate in the examination of his or her application and in the determination of his or her appeal in relation to that application, if any, and (
  3. c)to comply with all of the other obligations under Parts 3 to 6 of an applicant in relation to his or her application.
(2)The information referred to in subsection
(1)consists of statements by the applicant, and all documentation at his or her disposal, regarding the elements, referred to in section 28
(3), of his or her application. Assessment of facts and circumstances 28.
(1)An international protection officer shall, in co-operation with the applicant, assess the relevant elements of the application.
(2)The Tribunal shall, for the purposes of an appeal under section 41 in co-operation with the applicant, assess the relevant elements of the application.
(3)The elements referred to in subsections
(1)and
(2)consist of the applicant’s statements and all the documents submitted by him or her regarding his or her— (
  1. a)age, (
  2. b)background, including that of relevant relatives, (
  3. c)identity, (
  4. d)nationality or nationalities, (
  5. e)country or countries, and place or places, of previous residence, (
  6. f)previous asylum applications, whether made in the State or outside it, (
  7. g)travel routes, (
  8. h)identity and travel documents, and (
  9. i)reasons for applying for international protection.
(4)The assessment, by the international protection officer of an application, and by the Tribunal of an appeal under section 41 , shall be carried out on an individual basis and shall include taking into account the following: (
  1. a)all relevant facts as they relate to the country of origin at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied; (
  2. b)the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm; (
  3. c)the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm; (
  4. d)whether the applicant’s activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities will expose the applicant to persecution or serious harm if returned to that country; (
  5. e)whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship; (
  6. f)the general credibility of the applicant.
(5)(
  1. a)In the assessment of an application, an international protection officer shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age. (
  2. b)In the conduct of an appeal under section 41 , the Tribunal shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age. (
  3. c)In this subsection— “relevant circumstance” means, in relation to an application, a circumstance that falls to be considered in the assessment of the application; “relevant occurrence” means, in relation to an application, an occurrence that falls to be considered in the assessment of the application.
(6)The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such serious harm, is a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.
(7)Where aspects of the applicant’s statements are not supported by documentary or other evidence, those aspects shall not need confirmation where the international protection officer or, as the case may be, the Tribunal, is satisfied that— (
  1. a)the applicant has made a genuine effort to substantiate his or her application, (
  2. b)all relevant elements at the applicant’s disposal have been submitted and a satisfactory explanation regarding any lack of other relevant elements has been given, (
  3. c)the applicant’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant’s case, (
  4. d)the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so, and (
  5. e)the general credibility of the applicant has been established. International protection needs arising sur place 29.
(1)For the purposes of this Act, a well-founded fear of being persecuted or a real risk of suffering serious harm may be based on events which have taken place since the applicant left his or her country of origin.
(2)A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on activities which have been engaged in by the applicant since he or she left his or her country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.
(3)Without prejudice to the Geneva Convention, an applicant who is the subject of an application made with the consent of the Minister given under section 22 shall not normally be— (
  1. a)the subject of a recommendation by the international protection officer under section 39 that he or she is a person in respect of whom a refugee declaration should be given, or (
  2. b)the subject of a decision by the Tribunal under section 46 to recommend that he or she is a person in respect of whom a refugee declaration should be given, if the risk of persecution is based on circumstances which the applicant has created by his or her own decision since leaving his or her country of origin. Actors of persecution or serious harm 30. For the purposes of this Act, actors of persecution or serious harm include— (
  3. a)a state, (
  4. b)parties or organisations controlling a state or a substantial part of the territory of a state, and (
  5. c)non-state actors, if it can be demonstrated that the actors referred to in paragraphs (
  6. a)and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm. Actors of protection 31.
(1)For the purposes of this Act, protection against persecution or serious harm can only be provided by— (
  1. a)a state, or (
  2. b)parties or organisations, including international organisations, controlling a state or a substantial part of the territory of a state, provided that they are willing and able to offer protection in accordance with subsection
(2).
(2)Protection against persecution or serious harm— (
  1. a)must be effective and of a non-temporary nature, and (
  2. b)shall be regarded as being generally provided where— (
  3. i)the actors referred to in paragraphs (
  4. a)and (
  5. b)of subsection
(1)take reasonable steps to prevent the persecution or suffering of serious harm, and (ii) the applicant has access to such protection.
(3)When assessing whether an international organisation controls a state or a substantial part of its territory and provides protection as described in subsection
(2), the Minister, the international protection officer or, as the case may be, the Tribunal, shall take into account any guidance which may be provided in relevant European Union acts.
(4)The steps referred to in subsection
(2)(b)(i) shall include the operating of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm. Internal protection 32.
(1)An international protection officer may recommend or, as the case may be, the Tribunal may decide, that an applicant is not in need of international protection if in a part of the country of origin the applicant— (
  1. a)has— (
  2. i)no well-founded fear of being persecuted or is not at real risk of suffering serious harm, or (
  3. ii)access to protection against persecution or serious harm, and (
  4. b)can safely and legally travel to and gain admittance to that part of the country and can reasonably be expected to settle there.
(2)An international protection officer or, as the case may be, the Tribunal, in examining whether an applicant has a well-founded fear of being persecuted or is at real risk of suffering serious harm, or has access to protection against persecution or serious harm in a part of the country of origin in accordance with subsection
(1), shall have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant in accordance with section 28 .
(3)An international protection officer or, as the case may be, the Tribunal, in complying with this section, shall ensure that precise and up-to-date information is obtained from relevant sources, such as the High Commissioner and the European Asylum Support Office. Applicant from safe country of origin 33. A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where— (
  1. a)the country is the country of origin of the applicant, and (
  2. b)the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection. PART 5 Examination of Applications at First Instance Examination of application 34. An international protection officer shall examine each application for international protection for the purpose of deciding whether to recommend, under section 39
(2)(b), that— (
  1. a)the applicant should be given a refugee declaration, (
  2. b)the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or (
  3. c)the applicant should be given neither a refugee declaration nor a subsidiary protection declaration. Personal interview 35.
(1)As part of the examination referred to in section 34 , the international protection officer shall cause the applicant to be interviewed, at such time and place that the international protection officer may fix, in relation to the matters referred to in that section.
(2)An applicant interviewed under subsection
(1)shall, whenever necessary for the purpose of ensuring appropriate communication during a personal interview, be provided by the Minister or international protection officer with the services of an interpreter.
(3)The Minister, for the purpose of ensuring that personal interviews are conducted under conditions that allow the applicant to present the grounds for his or her application in a comprehensive manner shall— (
  1. a)ensure that the persons who conduct the personal interviews are sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability, insofar as it is possible to do so, and (
  2. b)in the case of interviews to which subsection
(2)applies, select interpreters who are able to ensure appropriate communication between the applicant and the person who conducts the interview.
(4)The requirement in subsection
(3)(b) shall be regarded as complied with if interpretation is provided in a language that the applicant may reasonably be supposed to understand and in which he or she is able to communicate.
(5)A personal interview shall— (
  1. a)take place without the presence of family members of the applicant unless the international protection officer considers it necessary for an appropriate examination to have other family members present, and (
  2. b)take place under conditions that ensure appropriate confidentiality.
(6)The following may be present at a personal interview: (
  1. a)the High Commissioner, whenever he or she so requests; (
  2. b)the applicant’s legal representative or a person nominated by that legal representative, with the consent of the applicant.
(7)(
  1. a)Where an applicant has not attained the age of 18 years and is accompanied by an adult other than his or her parent, the interviewer, where he or she considers it appropriate to do so, shall require the adult to satisfy him or her that the adult is taking responsibility for the care and protection of the applicant concerned. (
  2. b)For the purposes of paragraph (a), the interviewer may make such inquiries of or about the applicant and the adult concerned as the interviewer considers necessary in order to satisfy himself or herself that the adult is taking the responsibility referred to in paragraph (
  3. a)and is authorised to do so. (
  4. c)Where the interviewer (whether or not having made appropriate enquiries under paragraph (b)) is not satisfied either that the adult is taking responsibility for the applicant or that the adult is authorised to do so, he or she shall so inform the Child and Family Agency, and (
  5. i)it shall be presumed that the applicant is a child in need of care and protection, and (
  6. ii)the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply.
(8)A personal interview may be dispensed with where the international protection officer is of the opinion that— (
  1. a)based on the available evidence, the applicant is a person in respect of whom a refugee declaration should be given, (
  2. b)where the applicant has not attained the age of 18 years, he or she is of such an age and degree of maturity that an interview would not usefully advance the examination, or (
  3. c)the applicant is unfit or unable to be interviewed owing to circumstances that are enduring and beyond his or her control.
(9)Subsection
(8)shall not of itself operate to— (
  1. a)prevent information relating to the application from being submitted to the international protection officer by or on behalf of the applicant, (
  2. b)prevent the international protection officer from making a recommendation under section 39 in respect of the application, or (
  3. c)adversely affect the recommendation referred to in paragraph (b).
(10)The applicant, the High Commissioner or any other person concerned may make representations in writing to the Minister in relation to any matter relevant to an examination of an application for international protection and the international protection officer shall take account of any such representations made before or during a personal interview.
(11)Subsection
(10)shall not be construed as preventing the international protection officer from taking into account any representations made following a personal interview provided that such representations are made prior to the preparation of the report under section 39
(1)in relation to the application.
(12)Following the conclusion of a personal interview, the interviewer shall prepare a report in writing of the interview.
(13)The report prepared under subsection
(12)shall comprise two parts— (
  1. a)one of which shall include anything that is, in the opinion of the international protection officer, relevant to the application, and (
  2. b)the other of which shall include anything that would, in the opinion of the international protection officer, be relevant to the Minister’s decision under section 48 or 49 , in the event that the section concerned were to apply to the applicant. Applicants to whom section 15
(4)applies 36. Where section 15
(4)applies to an applicant, the Minister shall, taking the best interests of the child as a primary consideration, ensure that— (
  1. a)the person appointed by the Child and Family Agency under that provision— (
  2. i)is given the opportunity to inform the applicant about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview, and (
  3. ii)is allowed to be present at the personal interview and to ask questions or make comments, within the framework set by the person who conducts the interview, (
  4. b)the personal interview is conducted— (
  5. i)by a person who has the necessary knowledge of, and competence to take into account, the special needs of persons who have not attained the age of 18 years, and (
  6. ii)where appropriate, having regard to the age and degree of maturity of the applicant and the role of the person referred to in paragraph (a), in a manner that enables the applicant to ask questions and make comments, within the framework set by the person who conducts the interview, and (
  7. c)the report of the personal interview together with the report under section 39 in respect of the applicant’s application is prepared by a person with the necessary knowledge of the special needs of persons who have not attained the age of 18 years. Withdrawal of application at first instance 37.
(1)An applicant may, at any time before the preparation of the report under section 39 in relation to the application, withdraw his or her application by sending notice of withdrawal to the Minister.
(2)Where an application is withdrawn pursuant to subsection
(1)— (
  1. a)any examination of the application shall be terminated, (
  2. b)sections 39 and 40 and Part 6 shall not apply in respect of the application, (
  3. c)the Minister shall, under section 47
(5), refuse both to give the person who made the application a refugee declaration and to give a subsidiary protection declaration, and (
  1. d)the Minister, as soon as practicable, shall— (
  2. i)send the person and his or her legal representative (if known) a notice confirming that the application is withdrawn, and (
  3. ii)inform the High Commissioner of the fact that the application is withdrawn. Failure by applicant to cooperate 38.
(1)Where an applicant does not attend for a personal interview on the date and at the time fixed under section 35
(1)for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Minister with an explanation for the non-attendance which in the opinion of the Minister is reasonable in the circumstances, subsection
(5)shall apply to the applicant.
(2)Where the Minister is of the opinion that an applicant— (
  1. a)has failed, or is failing, in his or her duty under section 27 to co-operate, or (
  2. b)is in breach of paragraph (a), (
  3. c)or (
  4. d)of section 16
(3), the Minister shall send to the applicant or his or her legal representative (if known) written notice of his or her opinion, and of the reasons for it.
(3)The Minister, in the notice under subsection
(2), shall— (
  1. a)invite the applicant to furnish, within 10 working days of the date of the notice, his or her observations on the Minister’s opinion referred to in that subsection, (
  2. b)require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her application, (
  3. c)remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under paragraph (
  4. a)or (
  5. d)of section 16
(3), and (d) include a statement of the effect of subsection
(5)and of section 22
(2)(c).
(4)Where— (a) an applicant to whom a notice under subsection
(2)is sent does not furnish the confirmation referred to in subsection
(3)(b), or (b) the Minister, having considered the observations (if any) made by the applicant referred to in subsection
(3)(a) and the confirmation of the applicant referred to in subsection
(3)(b), is of the opinion that the applicant has failed, or is failing, to comply with any of the obligations referred to in subsection
(3)(c), subsection
(5)shall apply to the applicant.
(5)(
  1. a)Where this subsection applies to an applicant, the applicant’s application shall be examined on the basis of the information referred to in paragraph (
  2. a)only. (
  3. b)The information referred to in paragraph (
  4. a)is the information submitted by the applicant before this subsection applied to him or her.
(6)A notice under subsection
(2)shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where— (
  1. a)he or she is not assisted or represented by a legal representative, and (
  2. b)legal assistance is not available to him or her. Report of examination of application 39.
(1)Following the conclusion of an examination of an application for international protection, the international protection officer shall cause a written report to be prepared in relation to the matters referred to in section 34 .
(2)The report under subsection
(1)shall— (
  1. a)refer to the matters relevant to the application which are— (
  2. i)raised by the applicant in his or her application, preliminary interview or personal interview or at any time before the conclusion of the examination, and (
  3. ii)other matters the international protection officer considers appropriate, (
  4. b)set out the recommendation of the international protection officer in relation to the application, and (
  5. c)set out any of the findings referred to in subsection
(4)in relation to the application.
(3)The recommendation of the international protection officer in relation to the applicationshall be based on the examination of the application and shall be that— (
  1. a)the applicant should be given a refugee declaration, (
  2. b)the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or (
  3. c)the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.
(4)Where a report under this section includes a recommendation of the international protection officer referred to in subsection
(3)(c), the report may also include one or more of the following findings: (
  1. a)that the applicant, in submitting his or her application and in presenting the grounds of his or her application in his or her preliminary interview or personal interview or at any time before the conclusion of the examination, has raised only issues that are not relevant or are of minimal relevance to his or her eligibility for international protection; (
  2. b)that the applicant has made inconsistent, contradictory, improbable or insufficient representations which make his or her claim to be eligibile for international protection clearly unconvincing; (
  3. c)that the applicant has failed without reasonable cause to make his or her application as soon as reasonably practicable having had opportunity to do so; (
  4. d)that the applicant, for a reason referred to in section 32 , is not in need of international protection; (
  5. e)that the applicant’s country of origin is a safe country of origin.
(5)Where a recommendation referred to in subsection
(2)(b) cannot be made within 6 months of the date of application, the Minister shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommendation may be made.
(6)The provision under subsection
(5)by the Minister of an estimated time within which a recommendation may be made shall not of itself oblige the international protection officer to make a recommendation within that time.
(7)A report under this section shall, as soon as practicable after it is prepared, be furnished to the Minister. Notification of recommendation in relation to application at first instance 40.
(1)Where an international protection officer has prepared a report under section 39 , or caused such a report to be prepared, the Minister shall notify, in writing, the applicant concerned, the applicant’s legal representative (if known) and, whenever so requested by him or her, the High Commissioner, of the officer’s recommendation referred to in section 39
(2)(b).
(2)A notification under subsection
(1)and, where applicable, a statement under subsection
(4)(c) or subsection
(5)(
  1. c)shall, when sent to an applicant, be in a language that he or she may reasonably be supposed to understand, where— (
  2. a)he or she is not assisted or represented by a legal representative, and (
  3. b)legal assistance is not available to him or her.
(3)Where the international protection officer’s recommendation is that referred to in section 39
(3)(a), the notification under subsection
(1)need only consist of that fact.
(4)Where the international protection officer’s recommendation is that referred to in section 39
(3)(b), the notification under subsection
(1)shall be accompanied by— (
  1. a)a statement of the reasons for the recommendation that the applicant not be given a refugee declaration, (
  2. b)a copy of the report under section 39 , and (
  3. c)a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6 .
(5)Where the international protection officer’s recommendation is that referred to in section 39
(3)(c), the notification under subsection
(1)shall be accompanied by— (
  1. a)a statement of the reasons for the recommendation, (
  2. b)a copy of the report under section 39 , and (
  3. c)a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6 .
(6)Nothing in this Act shall be construed as requiring the disclosure of any information that has been supplied to the Minister, an international protection officer, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, other than in accordance with the undertaking, or with the consent of the other state. PART 6 Appeals to Tribunal Appeal to Tribunal 41.
(1)An applicant may, in accordance with regulations under subsection
(4)(if any), appeal to the Tribunal against— (a) a recommendation, referred to in section 39
(3)(b), that an applicant should not be given a refugee declaration, or (b) a recommendation, referred to in section 39
(3)(c), that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.
(2)An appeal under subsection
(1)shall be brought by notice in writing— (
  1. a)within such period from the date of the sending to the applicant of the notification under section 40 as may be prescribed under section 77 , (
  2. b)specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.
(3)On receipt of a notice under subsection
(2), the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.
(4)The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals under subsection
(1), including the holding of oral hearings. Oral hearing 42.
(1)The Tribunal shall hold an oral hearing for the purpose of an appeal under section 41 where— (a) subject to subsection
(2), the applicant has requested this in the notice under section 41
(2), or (b) it is of the opinion that it is in the interests of justice to do so.
(2)(a) An applicant may withdraw a request referred to in subsection
(1)(
  1. a)by giving notice, which shall set out the reasons for the withdrawal, to the Tribunal not later than 3 working days before the hearing date. (
  2. b)The Tribunal, on receipt of a notice under paragraph (a), shall consider, having regard to the interests of justice, whether to hold an oral hearing.
(3)Except where otherwise provided, an appeal may be determined without an oral hearing.
(4)Subject to subsections
(5)and
(6), an oral hearing shall be held in private.
(5)The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings.
(6)In conducting an oral hearing, the Tribunal shall— (
  1. a)permit the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative, (
  2. b)permit an officer of the Minister or another person nominated by the Minister to be present at and participate in the hearing and, in person or through a legal representative, explain to the Tribunal the recommendation of the international protection officer that is the subject of the appeal, (
  3. c)where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter, (
  4. d)conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency, (
  5. e)ensure that the oral hearing proceeds with due expedition, and (
  6. f)allow for the examination and cross-examination of the applicant and any witnesses.
(7)(a) Where the notice of appeal under section 41 includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness, determine whether he or she should be directed to attend before the Tribunal in accordance with subsection
(8). (b) In making a determination under paragraph (a), the Tribunal shall have regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal.
(8)For the purposes of an oral hearing, the Tribunal may— (
  1. a)direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the Tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction, (
  2. b)direct any such person to produce any specified document or thing in his or her possession or control, (
  3. c)give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and (
  4. d)take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.
(9)Paragraphs (
  1. a)and (
  2. b)of subsection
(8)and section 44
(2)shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade directs (which he or she is hereby empowered to do) that the information be withheld in the interest of national security or public policy (“ordre public”).
(10)Subject to subsection
(11), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.
(11)Where information has been supplied to the Minister, an international protection officer, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, the information shall not be produced or further disclosed, other than in accordance with the undertaking, or with the consent of the other state. Accelerated appeal procedures in certain cases 43. Where the report under section 39 includes any of the findings referred to in section 39
(4), the following modifications shall apply in relation to an appeal under section 41 by the applicant concerned— (a) the appeal shall be brought by notice in writing within such period, which may be a shorter period than that prescribed for the purposes of section 41
(2)(a), from the date of the sending to the applicant of the notification under section 40 , as may be prescribed under section 77 , (
  1. b)notwithstanding the provisions of section 42 , the Tribunal, unless it considers it is not in the interests of justice to do so, shall make its decision in relation to the appeal without holding an oral hearing, and (
  2. c)the notification referred to in section 40
(1)shall include a statement informing the applicant concerned of the effect of the modifications referred to in paragraph (a) and (b). Appeal to Tribunal: provision of information 44.
(1)The Minister shall, for the purposes of an appeal under section 41 , furnish the Tribunal with copies of the documents provided to the applicant under section 40 .
(2)The Tribunal may, for the purposes of its functions under this Act, request the Minister to make such further inquiries and to furnish the Tribunal with such further information as the Tribunal considers necessary within such period as may be specified by the Tribunal.
(3)The Minister shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to the applicant concerned and his or her legal representative (if known). Withdrawal and deemed withdrawal of appeal to Tribunal 45.
(1)An applicant may, at any time before the making by the Tribunal of its decision under section 46 in relation to the appeal, withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal.
(2)Where an applicant fails, without reasonable cause, to attend an oral hearing at that date and time fixed for the hearing then, unless the applicant, not later than 3 working days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.
(3)Where— (
  1. a)in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty under section 27 to co-operate, or (
  2. b)the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (
  3. c)or (
  4. d)of section 16
(3), the Tribunal shall send to the applicant or his or her legal representative (if known) written notice of that opinion.
(4)The Tribunal, in the notice under subsection
(3), shall also— (
  1. a)require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her appeal, (
  2. b)remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under paragraph (a), (
  3. c)or (
  4. d)of section 16
(3), and (c) include a statement of the consequences specified in subsection
(5).
(5)The consequences referred to in subsection
(4)(c) are that an applicant’s appeal shall be deemed to be withdrawn, and that subsection
(6)shall apply accordingly, if the applicant— (a) does not furnish the confirmation referred to in subsection
(4)(a), or (b) having furnished such a confirmation, in the opinion of the Tribunal or, as the case may be, in the opinion of the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection
(4)(b).
(6)Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section— (
  1. a)any consideration of that appeal by the Tribunal shall be terminated, (
  2. b)section 46 shall not apply in respect of that appeal, (
  3. c)subsection
(2)(b) or, as the case may be,
(5)(
  1. c)of section 47 shall apply, (
  2. d)the Tribunal, as soon as practicable, shall— (
  3. i)notify the applicant and his or her legal representative (if known) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, (
  4. ii)notify the Minister of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and (iii) inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.
(7)The notification under subsection
(6)(d)(
  1. i)shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where— (
  2. a)he or she is not assisted or represented by a legal representative, and (
  3. b)legal assistance is not available to him or her. Decision of Tribunal on appeal 46.
(1)Before reaching a decision under subsection
(2)or
(3), the Tribunal shall consider the following: (
  1. a)the notice of appeal; (
  2. b)all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the applicant should be given a refugee declaration or, as the case may be, a subsidiary protection declaration; (
  3. c)the recommendation under appeal; (
  4. d)any observations made to the Tribunal by the Minister or the High Commissioner; (
  5. e)where an oral hearing has been held, the evidence adduced and any representations made at that hearing; (
  6. f)such other matters as the Tribunal considers relevant to the appeal.
(2)In relation to an appeal under section 41
(1)(
  1. a)the Tribunal may decide to— (
  2. a)affirm the recommendation that the applicant should not be given a refugee declaration, or (
  3. b)set aside the recommendation that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration.
(3)In relation to an appeal under section 41
(1)(
  1. b)the Tribunal may decide to— (
  2. a)affirm the recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration, (
  3. b)set aside the part of the recommendation that recommends that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration, or (
  4. c)affirm the recommendation that the applicant should not be given a refugee declaration and set aside the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration and recommend that the applicant be given a subsidiary protection declaration.
(4)In relation to an appeal under section 41
(1)(a), the Tribunal shall decide to make the affirmation referred to in subsection
(2)(a), unless it is satisfied, having considered the matters referred to in subsection
(1), that the applicant is a refugee.
(5)In relation to an appeal under section 41
(1)(b), the Tribunal shall decide to make the affirmation referred to in subsection
(3)(a) unless it is satisfied, having considered the matters referred to in subsection
(1), that the applicant is a refugee or, as the case may be, a person eligible for subsidiary protection.
(6)A decision of the Tribunal under subsection
(2)or
(3)and the reasons for it shall be communicated by the Tribunal to the applicant concerned and his or her legal representative (if known), and the Minister.
(7)A decision of the Tribunal under subsection
(2)or
(3)(other than a decision under subsection
(3)(c)) shall be communicated to the High Commissioner.
(8)The Tribunal shall furnish the applicant concerned and his or her legal representative (if known), and the High Commissioner whenever so requested by him or her, with— (
  1. a)copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Minister, copies of which have not been previously furnished to the applicant and his or her legal representative (if known), or as the case may be, the High Commissioner, and (
  2. b)an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal. PART 7 Declarations and Other Outcomes Refugee declaration and subsidiary protection declaration 47.
(1)The Minister shall, subject to subsection
(3), give a refugee declaration to an applicant as soon as possible after receipt by the Minister of— (a) a report under section 39 that includes a recommendation referred to in subsection
(3)(
  1. a)of that section, or (
  2. b)a decision of the Tribunal referred to in subsection
(2)(b) or
(3)(b) of section 46 .
(2)The Minister shall refuse to give a refugee declaration to an applicant where— (
  1. a)a report under section 39 in respect of the application concerned includes a recommendation referred to in paragraph (
  2. b)of section 39
(3), and the applicant has not appealed under section 41 against the recommendation, (b) an appeal by the applicant under section 41
(1)(
  1. a)against a recommendation is withdrawn or deemed to be withdrawn under section 45 , or (
  2. c)the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46
(2)(a) in relation to the appeal.
(3)The Minister may refuse to give a refugee declaration to an applicant who is a refugee where— (
  1. a)there are reasonable grounds for regarding him or her as a danger to the security of the State, or (
  2. b)the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.
(4)The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of— (a) a report under section 39 that includes a recommendation referred to in section 39
(3)(b), or (b) a decision of the Tribunal referred to in section 46
(3)(c).
(5)The Minister shall refuse both to give a refugee declaration and to give a subsidiary protection declaration to an applicant where— (
  1. a)the application concerned is withdrawn under section 20 or 37 , (
  2. b)a report under section 39 in respect of the application concerned includes a recommendation referred to in section 39
(3)(c), and the applicant has not appealed under section 41 against the recommendation, (c) an appeal by the applicant under section 41
(1)(
  1. b)by the applicant against a recommendation is deemed under section 20 to be withdrawn, or is withdrawn or deemed to be withdrawn under section 45 , or (
  2. d)the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46
(3)(a) in relation to the appeal.
(6)Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.
(7)The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of: (a) the giving under subsection
(1)of a refugee declaration; (b) the giving under subsection
(4)of a subsidiary protection declaration; (c) the refusal under subsection
(2)or
(3)to give a refugee declaration; (d) the refusal under subsection
(5)both to give a refugee declaration and to give a subsidiary protection declaration.
(8)The Minister shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give an applicant a refugee declaration or a subsidiary protection declaration.
(9)A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under this Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen. Option to voluntarily return to country of origin 48.
(1)The Minister may, by notice in writing, inform a person whose application for international protection— (a) has not been the subject of a report under sect

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