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 or degrading treatment or punishment, or
- 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.
Purpose of Interview
A preliminary interview shall be conducted so as to establish, among other things—
- 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,
- the identity of the person,
- the nationality of the person,
- the country of origin of the person,
- 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,
- the reason why the person came to the State,
- the legal basis for the entry into or presence in the State of the person, and
- whether any of the circumstances referred to may apply.
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.
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. 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.
Where it appears to an officer 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.
After the notification, 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
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—
- on his or her own behalf, or
- 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.
An application for international protection shall be made in person and shall be made to the Minister. A person who makes an application above 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—
- 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,
- is born in the State while the person is an applicant, or
- not having attained the age of 18 years, enters the State while the person is an applicant.
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 (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.
An application for international protection shall be made in the prescribed form and shall include—
- all details of the grounds for the application, and
- all information that would, be relevant to the decision of the Minister
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
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.
A permission given shall be valid until the person to whom it is given ceases to be an applicant.
An applicant shall—
- not leave or attempt to leave the State without the consent of the Minister,
- not seek, enter or be in employment or engage for gain in any business, trade or profession,
- inform the Minister of his or her address and any change of address as soon as possible, and
There are exceptions.
He shall comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer:
- that he or she reside or remain in a specified district or place in the State;
- that he or she report at specified intervals to an immigration officer, or specified Garda Síochána station.
An immigration officer may, by notice in writing, withdraw a condition or vary it in a specified manner.
An applicant who contravenes the above is to 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.
Temporary residence certificate
The Minister shall give or cause to be given to an applicant a temporary residence certificate
A certificate shall be given to the applicant within 3 working days of the date on which he or she makes an application for international protection, or such an application is made or deemed to have been made, on his or her behalf.]
A certificate shall contain—
- the name of the applicant,
- a photograph of the applicant sufficient to identify him or her, and
- such other information as may be prescribed.
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.
A certificate shall be deemed to be a registration certificate for the purposes of the Immigration Act and an applicant to whom a certificate has been given shall, for so long as the certificate remains valid.
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 ceases, to be valid.
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.
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—
- the procedures to be followed in the examination under the 2015 Act of applications for international protection,
- the entitlement of the applicant, for the purposes of his or her application, to consult a legal representative,
- the entitlement of the applicant under the 2015 Act to be provided with the services of an interpreter,
- the entitlement of the applicant to make, in writing to the Minister, submissions in relation to his or her application,
- the duty of the applicant to co-operate in relation to his or her application,
- the obligation of the applicant to comply with the requirements specified, and
- the possible consequences of the failure of the applicant to attend a personal interview, or to comply with the obligations referred to above.
The Minister, shall, in inform the applicant of his or her entitlements and duties.