People Smuggling People smuggling is the facilitated, irregular movement of people across borders for a financial or other benefit. People smuggling is distinct from human trafficking, in that smuggling occurs with the consent of the person, while trafficking involves the recruitment, transportation and exploitation of a victim. The purpose of the Criminal Justice (Smuggling of Persons) Act 2021 is to strengthen the criminal justice aspects of […]
Qualification Criteria Acts of persecution must be sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the core rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, or an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner. […]
Preliminary interview A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she— wishes to make an application for international protection, 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 […]
Taking of fingerprints A member of the Garda Síochána, or an immigration officer may— for the purpose of establishing the identity of a person for any purpose of the 2015 Act, take or cause to be taken the fingerprints of an applicant, for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause […]
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 […]
Duty of applicant to cooperate It shall be the duty of an applicant— to submit as soon as reasonably practicable all the information needed to substantiate his or her application, 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 to comply with all of the other obligations […]
Examination of application An international protection officer shall examine each application for international protection for the purpose of deciding whether to recommend, that— the applicant should be given a refugee declaration, the applicant should not be given a refugee declaration and should be given a subsidiary protection declaration, or the applicant should be given neither a refugee declaration nor a subsidiary protection declaration. Personal interview […]
Appeal to Tribunal An applicant may, in accordance with regulations appeal to the Tribunal against— a recommendation, that an applicant should not be given a refugee declaration, or a recommendation, , that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration. An appeal shall be brought by notice in writing— within such period from the date of the sending to […]
Refugee and subsidiary protection declaration The Minister shall, give a refugee declaration to an applicant as soon as possible after receipt by the Minister of a report includes a recommendation or a decision of the Tribunal to that effect. The Minister shall refuse to give a refugee declaration to an applicant where the report or appeal so indicate. The Minister may refuse to give a refugee […]
Deportation order The Minister shall make a deportation order in relation to a person where — has refused to give a refugee declaration and to give a subsidiary protection to the person, and is satisfied that the applicant is not making arrangements to leave himself or herself. has refused any other possible bases of permission (humanitarian etc,) A deportation order shall require the person specified […]
Extension to qualified person of certain rights A qualified person shall be entitled— to seek and enter employment, to engage in any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen, to receive, upon and subject to the same conditions applicable to Irish […]
Programme refugees, etc. A “programme refugee” means a person to whom permission to enter and remain in the State for resettlement, or for temporary protection other than temporary protection has been given by the Government or the Minister and whose name is entered in a register established and maintained by the Minister, whether or not such person is a refugee within the meaning of the […]
International Protection Appeals Tribunal There is a Tribunal to be known as An Binse um Achomhairc i dtaobh Cosaint Idirnáisiúnta or, in the English language, the International Protection Appeals Tribunal, which shall determine appeals and perform such other functions as may be conferred on it by or under the 2015 Act and the Dublin System Regulations. the Tribunal shall be— inquisitorial in nature, and independent […]