Application for Protection

Inadmissible Application

A person may not make an application for international protection where the application is, inadmissible. 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:

another EU Member State has granted refugee status or subsidiary protection status to the person;
a country other than an EU Member State is a first country of asylum for person;
the person arrived in the State from a safe third country.

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.

Decision

Where an international protection officer makes such a recommendation, he or she shall prepare a report in writing, which shall include the reasons for the recommendation, and the Minister shall, as soon as practicable, notify the person concerned. A person to whom a notification is sent may, within such period from the date of the notification as may be prescribed, appeal to the Tribunal against the recommendation concerned.

The Tribunal shall make its decision without an oral hearing; Before reaching a decision on an appeal the Tribunal shall consider the following—

the notice of appeal,
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,
any observations made to the Tribunal by the Minister or the High Commissioner, and

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 the relevant provision.

Country

A country is a first country of asylum for a person if he or she—

has been recognised in that country as a refugee and can still avail himself or herself of that protection, or
otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement, and
will be re-admitted to that country.

A safe third country is a safe country for a person if he or she—

having regard to the matters referred to, has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,
will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or punishment, and
will be re-admitted to the country concerned.

The matters to which regard shall be had include (but are not limited to) the following:

the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;
any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;
the presence in the country concerned of any family members, relatives or other family relations of the person concerned;
the nature and extent of any cultural connections between the person concerned and the country concerned]

Subsequent Application

A person shall not make a subsequent application without the consent of the Minister. The application for the consent) shall include—

a written statement of the reasons why the person concerned considers that the consent of the Minister should be given.
where the previous application was withdrawn or deemed to have been withdrawn under the 2015 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,
where the person concerned was deemed, for the purposes of his or her previous application, to be a person to whom non-cooperation provisions applied, a written explanation of the circumstances giving rise to the application to him or her
all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to international protection, and
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.

The Minister shall, as soon as practicable after receipt by him or her 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—

the procedures that are to be followed
the entitlement of the person to communicate with the High Commissioner,
the duty of the person to co-operate with the Minister and to furnish information relevant to his or her request, and
such other information as the Minister considers necessary to inform the person of the effect of the provisions, and of any other relevant provision of the 2015 Act and regulations made under it.

Recommendation

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 the officer is satisfied that—

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
where the previous application concerned was one to which provisions 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.

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 the officer is satisfied that neither paragraph (a) applies in respect of the person.

Where an international protection officer makes a recommendation, 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—

of the reasons for the recommendation, and
informing the person concerned of his or her entitlement to appeal to the Tribunal against the recommendation.

The Minister shall notify the High Commissioner of a recommendation.

The Tribunal shall consider the following—

the notice of appeal,
all material furnished to the Tribunal by the Minister that is relevant to the recommendation concerned,
any observations made to the Tribunal by the Minister or the High Commissioner, and
such other matters as the Tribunal considers relevant to the appeal.

Report in relation to the health of applicant

Where, in the performance by the Minister or an international protection officer of his or her functions under the 2015 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.

Where, in the performance by the Tribunal of its functions 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.

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.

Examination to determine age of unaccompanied person.

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 has not attained the age of 18 years, may arrange for the use of an examination to determine the age of the applicant.

An examination shall be—

performed with full respect for the applicant’s dignity,
consistent with the need to achieve a reliable result, the least invasive examination possible, and
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.

Examination Issues

An examination shall not be carried out without the consent of—

the applicant concerned, or
one of the following: an adult who is taking responsibility for the care and protection of the applicant; or an employee or other person appointed by the Child and Family Agency

The Minister or international protection officer, as the case may be, shall ensure that an applicant 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—

the possibility that the age of the applicant may be determined by examination.
the method or methods to be used in the examination
the possible consequences of the result of the examination for the examination by the international protection officer of the application, and
the consequences of refusal on the part of the applicant to undergo the examination.

The consequences referred that the Minister or international protection officer may proceed to determine, for the purposes of the 2015 Act and in the absence of an examination whether the applicant has not attained the age of 18 years.

The best interests of the child shall be a primary consideration in the application of these provisions.

Protection of identity of applicant

The Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.

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.

If any matter is published or broadcast in contravention, persons responsible are guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment of 12 months or both.