{"id":22378,"date":"2023-08-04T21:10:17","date_gmt":"2023-08-04T21:10:17","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22378"},"modified":"2024-04-14T22:29:42","modified_gmt":"2024-04-14T22:29:42","slug":"other-protection","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/other-protection\/","title":{"rendered":"Other Protection"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/other-protection\/#Programme_refugees_etc\" title=\"Programme refugees, etc.\">Programme refugees, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/other-protection\/#Temporary_protection\" title=\"Temporary protection\">Temporary protection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/other-protection\/#Exclusion_from_Temporary_Protection\" title=\"Exclusion from Temporary Protection\">Exclusion from Temporary Protection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/other-protection\/#Permission_to_Reside\" title=\"Permission to Reside\">Permission to Reside<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/other-protection\/#Rights_of_Displaced_Person\" title=\"Rights of Displaced Person\">Rights of Displaced Person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/other-protection\/#Transfers_Reunification\" title=\"Transfers &amp; Reunification\">Transfers &amp; Reunification<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/other-protection\/2\/#INTERNATIONAL_PROTECTION_ACT_2015\" title=\"INTERNATIONAL PROTECTION ACT 2015\">INTERNATIONAL PROTECTION ACT 2015<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/other-protection\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/other-protection\/2\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/other-protection\/2\/#Programme_refugees_etc-2\" title=\"Programme refugees, etc.\">Programme refugees, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/other-protection\/2\/#Temporary_protection-2\" title=\"Temporary protection\">Temporary protection<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Programme_refugees_etc\"><\/span>Programme refugees, etc.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A \u201cprogramme refugee\u201d 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 definition of \u201crefugee\u201d<\/p>\n<p>During such period as he or she is entitled to remain in the State pursuant to permission given by the Government or the Minister shall apply to a programme refugee as if The above provisions as to international protection applies to a \u00a0programme refugee is a qualified person with the modification that a permission given may be for a specified period of less than 3 years.<\/p>\n<p>The Minister may, after consultation with the Minister for Foreign Affairs and Trade, enter into agreements with the High Commissioner for the reception and resettlement in the State of programme refugees.<\/p>\n<p>A person who, on the date on which this section enters into operation, is a programme refugee within the meaning of the previous legislation is deemed to be a programme refugee.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_protection\"><\/span>Temporary protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>\u201cTemporary protection\u201d means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons who are unable to return to their country of origin, immediate and temporary protection;<\/p>\n<p>\u201cCouncil Directive\u201d means Council Directive 2001\/55\/EC of 20 July 20016 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 and any other Directive amending or replacing it; \u201cdisplaced persons\u201d has the same meaning as in the Council Directive.<\/p>\n<p>The following\u00a0 applies to a displaced person to whom, following a Council Decision under Article 5 of the Council Directive establishing the existence of a mass influx of displaced persons, permission to enter and remain in the State for temporary protection as part of a group of persons has been given by the Government or the Minister and whose personal data (that is to say, name, nationality, date and place of birth, marital status, family relationship) are entered in a register established and maintained for the purposes of this section by the Minister.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exclusion_from_Temporary_Protection\"><\/span>Exclusion from Temporary Protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may exclude a displaced person from temporary protection if\u2014<\/p>\n<ul>\n<li>there are serious reasons for considering that \u00a0\u00a0\u00a0 he or she 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, or \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 he or she has been guilty of acts contrary to the purposes and principles of the United Nations,<\/li>\n<li>there are reasonable grounds for regarding him or her as a danger to the security of the State,<\/li>\n<li>the Minister is of opinion that he or she constitutes a danger to the community of the State because he or she was convicted by a final judgment of a particularly serious crime, whether in the State or elsewhere, or<\/li>\n<li>there are serious reasons for considering that he or she has committed a serious non-political crime outside the State prior to his or her entry into the State.<\/li>\n<\/ul>\n<p>In considering whether to exclude a displaced person from temporary protection the Minister shall weigh the reasons underlying the Council Decision concerned as they relate to the displaced person against the nature of the crime of which the displaced person concerned is suspected.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Permission_to_Reside\"><\/span>Permission to Reside<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall give to a displaced person above, a permission to reside in the State and shall\u2014<\/p>\n<ul>\n<li>issue him or her with if required, an Irish visa or an Irish transit visa free of charge, or \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a permission to remain in the State, and<\/li>\n<li>provide him or her with information, in a language that he or she may reasonably be supposed to understand, setting out the provisions of this section relating to temporary protection in the State.<\/li>\n<\/ul>\n<p>A permission to reside in the State so given shall be valid for one year, and may be renewed. A permission to reside in the State given may be revoked\u2014<\/p>\n<ul>\n<li>when temporary protection has ended in accordance with the Council Decision concerned,<\/li>\n<li>upon the transfer of residence of the holder of the permission to another Member State, or<\/li>\n<li>where the Minister decides that the holder should have been excluded from temporary protection<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Rights_of_Displaced_Person\"><\/span>Rights of Displaced Person<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where, during the validity of a permission to reside in the State a displaced person seeks to enter another Member State or has entered it without authorisation, the Minister shall, in co-operation with the competent authority of that Member State, make arrangements for the return of the person to the State.<\/p>\n<p>A displaced\u00a0 person\u00a0 shall be entitled\u2014<\/p>\n<ul>\n<li>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,<\/li>\n<li>to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and<\/li>\n<li>to the same rights of travel in the State as those to which Irish citizens are entitled.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Transfers_Reunification\"><\/span>Transfers &amp; Reunification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall co-operate with the competent authorities of another Member State in relation to\u2014<\/p>\n<ul>\n<li>the transfer to another Member State of a displaced person<\/li>\n<li>the transfer from another Member State to the State of a displaced person<\/li>\n<li>the reunification, either in the State or in another Member State, of family members of a displaced person.<\/li>\n<\/ul>\n<p>The Minister may prescribe documentation to be used for the purpose of enabling and facilitating transfers and reunifications. The Minister may provide to another Member State, insofar as they are available\u2014<\/p>\n<ul>\n<li>personal data relating to a displaced person (that is to say, name, nationality, date and place of birth, marital status and family relationship),<\/li>\n<li>travel documents relating to the person concerned,<\/li>\n<li>documents concerning evidence of family ties relating to the person concerned (such as marriage certificates, birth certificates and certificates of adoption),<\/li>\n<li>other information required to establish the identity of the person concerned or his or her family relationships,<\/li>\n<li>residence permits and decisions concerning the giving or refusal of visas or residence permissions to the person concerned by the Minister, and documents forming the basis of those decisions,<\/li>\n<li>applications for visas or entry or residence permissions submitted by the person concerned and pending in the State, and the stage reached in the processing of these, and<\/li>\n<li>any corrected information in respect of the above which becomes available.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>INTERNATIONAL PROTECTION ACT 2015<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 31 January 2024<\/p>\n<p>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.<\/p>\n<p>[30 th December, 2015]<\/p>\n<p>Be it enacted by the Oireachtas as follows:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nAct applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 15.<\/p>\n<p>Applicant under section 8 of the Refugee Act 1996 or under section 15 of Act of 2015 to whom Article 18(1)(c) applies<\/p>\n<p>12. &#8230;<\/p>\n<p>(2) A person to whom this Regulation applies shall, notwithstanding section 22 of the Act of 2015, but without prejudice to section 21 of that Act, be deemed to have made, on the date on which this Regulation first applies to him or her, an application for international protection under section 15 of that Act, and, subject to this Regulation, the provisions of that Act shall, with any necessary modifications, apply accordingly.<\/p>\n<p>&#8230;<\/p>\n<p>Person to whom Regulation 13(2) or 14(2) applies.<\/p>\n<p>15. Where a person is deemed under Regulation 13(2) or 14(2) to have made an application for international protection under section 15 of the Act of 2015, the provisions of that Act shall apply to the application, with the following modifications and any other necessary modifications\u2014<\/p>\n<p>(a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration,<\/p>\n<p>(b) for the purposes of the examination under Part 5 of that Act of the application, the person shall be deemed to be a person who should not be given a refugee declaration,<\/p>\n<p>(c) for the purposes of section 39(3) of that Act\u2014<\/p>\n<p>(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the person, and<\/p>\n<p>(ii) the recommendation of the Refugee Applications Commissioner, made under the Act of 1996 in respect of the person, shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the person should not be given a refugee declaration,<\/p>\n<p>and<\/p>\n<p>(d) an appeal to the Tribunal under section 41(1) of that Act against a recommendation under paragraph (b) or (c) of section 39(3) of that Act may be made only in respect of the part of the recommendation that recommends that the person should not be given a subsidiary protection declaration.<\/p>\n<p>C2<br \/>\nReferences construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 18(2), 19(2).<\/p>\n<p>Provisions in relation to international protection officers<\/p>\n<p>18. (1) An international protection officer shall be independent in the performance of his or her functions under these Regulations.<\/p>\n<p>(2) A reference in the Act of 2015 to the functions of an international protection officer conferred on him or her by that Act shall be deemed to include a reference to the functions conferred on an international protection officer by these Regulations.<\/p>\n<p>Provisions in relation to the Tribunal<\/p>\n<p>19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.<\/p>\n<p>(2) A reference in the Act of 2015 to\u2014<\/p>\n<p>(a) a function of the Tribunal, chairperson, deputy chairperson, registrar or a member of the Tribunal (including a reference to a function conferred by that Act) shall be deemed to include a reference to the functions conferred upon the Tribunal, chairperson, deputy chairperson, registrar or member, as the case may be, by these Regulations.<\/p>\n<p>(b) the work or business of the Tribunal shall include a reference to the work or business of the Tribunal by virtue of these Regulations, and<\/p>\n<p>(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.<\/p>\n<p>PART 1<\/p>\n<p>Preliminary<\/p>\n<p>Section 1<br \/>\nShort title and commencement<\/p>\n<p>1. (1) This Act may be cited as the International Protection Act 2015.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to subs. (2) exercised (16.04.2018) by International Protection Act 2015 (Section 6(2)(j)) (Commencement) Order 2018 (S.I. No. 119 of 2018).<\/p>\n<p>2. The 16th day of April 2018 is appointed as the day on which section 6(2)(j) of the International Protection Act 2015 (No. 66 of 2015) comes into operation.<\/p>\n<p>E2<br \/>\nPower pursuant to subs. (2) exercised (22.12.2016 and 31.12.2016) by Protection Act 2015 (Commencement) (No. 3) Order 2016 (S.I. No. 663 of 2016).<\/p>\n<p>3. The 22nd day of December 2016 is appointed as the day on which the following provisions of the Act of 2015 come into operation:<\/p>\n<p>(a) section 2 (insofar as it is not already in operation);<\/p>\n<p>(b) section 3;<\/p>\n<p>(c) section 15(5) (insofar as it relates to prescribing a form);<\/p>\n<p>(d) section 17(2) (insofar as it relates to prescribing information);<\/p>\n<p>(e) section 20(1) (insofar as it relates to prescribing places of detention);<\/p>\n<p>(f) section 48(7);<\/p>\n<p>(g) section 48(8);<\/p>\n<p>(h) section 49(10);<\/p>\n<p>(i) section 51(5);<\/p>\n<p>(j) section 55(3);<\/p>\n<p>(k) section 55(4);<\/p>\n<p>(l) section 61(2).<\/p>\n<p>4. The 31st day of December 2016 is appointed as the day on which the Act of 2015 (other than paragraphs (b), (f), (i), (j), (l), (m), and (p) of section 6(2)), insofar as it is not already in operation, comes into operation.<\/p>\n<p>E3<br \/>\nPower pursuant to subs. (2) exercised (10.03.2016) by International Protection Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No. 133 of 2016).<\/p>\n<p>2. The 10th day of March 2016 is appointed as the day on which the following provisions of the International Protection Act 2015 (No. 66 of 2015) come into operation:<\/p>\n<p>(a) section 78;<\/p>\n<p>(b) section 80;<\/p>\n<p>(c) section 81.<\/p>\n<p>E4<br \/>\nPower pursuant to section exercised (11.01.2016) by International Protection Act 2015 (Commencement) Order 2016 (S.I. No. 26 of 2016).<\/p>\n<p>2. The 11th day of January 2016 is appointed as the day on which the following provisions of the International Protection Act 2015 (No. 66 of 2015) come into operation.<\/p>\n<p>(a) section 1;<\/p>\n<p>(b) section 2, insofar as it relates to the repeal referred to in paragraph (c);<\/p>\n<p>(c) section 6(1), insofar as it relates to the repeal of section 7A of the Refugee Act 1996 (No. 17 of 1996).<\/p>\n<p>Section 2<\/p>\n<h4>Interpretation<\/h4>\n<p>2. (1) In this Act\u2014<\/p>\n<p>\u201cAct of 1996\u201d means the Refugee Act 1996;<\/p>\n<p>\u201cAct of 1999\u201d means the Immigration Act 1999;<\/p>\n<p>\u201cAct of 2004\u201d means the Immigration Act 2004;<\/p>\n<p>\u201capplicant\u201d means a person who\u2014<\/p>\n<p>(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<\/p>\n<p>(b) has not ceased, under subsection (2), to be an applicant;<\/p>\n<p>\u201cbiometric information\u201d means information relating to the distinctive physical characteristics of a person including\u2014<\/p>\n<p>(a) measurements or other assessments of those characteristics,<\/p>\n<p>(b) information about those characteristics held in an automated form,<\/p>\n<p>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;<\/p>\n<p>\u201cchairperson\u201d means the chairperson of the Tribunal;<\/p>\n<p>\u201cchief international protection officer\u201d means the person appointed under section 75 to be the chief international protection officer;<\/p>\n<p>\u201ccountry of origin\u201d means the country or countries of nationality or, for stateless persons, of former habitual residence;<\/p>\n<p>\u201ccivil partner\u201d means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;<\/p>\n<p>\u201cdeportation order\u201d shall be construed in accordance with section 51;<\/p>\n<p>\u201cdeputy chairperson\u201d means a deputy chairperson of the Tribunal;<\/p>\n<p>\u201cDNA profile\u201d has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;<\/p>\n<p>\u201cdocument\u201d includes\u2014<\/p>\n<p>(a) any written matter,<\/p>\n<p>(b) any photograph,<\/p>\n<p>(c) any currency notes or counterfeit currency notes,<\/p>\n<p>(d) any information in non-legible form that is capable of being converted into legible form,<\/p>\n<p>(e) any audio or video recording, and<\/p>\n<p>(f) a travel document or an identity document;<\/p>\n<p>\u201cDublin Regulation\u201d means Regulation (EU) No 604\/2013 of the European Parliament and of the Council of 26 June 20134<\/p>\n<p>\u201cDublin System Regulations\u201d means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation;<\/p>\n<p>\u201cestablishment day\u201d shall be construed in accordance with section 61(2);<\/p>\n<p>\u201cEuropean Asylum Support Office\u201d 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;<\/p>\n<p>\u201cGeneva Convention\u201d 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);<\/p>\n<p>\u201cHigh Commissioner\u201d means the United Nations High Commissioner for Refugees;<\/p>\n<p>\u201cidentity document\u201d 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\u2019s 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;<\/p>\n<p>\u201cimmigration officer\u201d has the meaning it has in section 3 of the Act of 2004;<\/p>\n<p>\u201cinformation\u201d includes\u2014<\/p>\n<p>(a) information in the form of a document (or any other thing) or in any other form, and<\/p>\n<p>(b) personal information, including biometric information;<\/p>\n<p>\u201cinternational protection\u201d means status in the State either\u2014<\/p>\n<p>(a) as a refugee, on the basis of a refugee declaration, or<\/p>\n<p>(b) as a person eligible for subsidiary protection, on the basis of a subsidiary protection declaration;<\/p>\n<p>\u201cinternational protection officer\u201d means a person who is authorised under section 74 to perform the functions conferred on an international protection officer by or under this Act;<\/p>\n<p>\u201clegal assistance\u201d means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995;<\/p>\n<p>\u201clegal representative\u201d means a practising solicitor or a practising barrister;<\/p>\n<p>\u201cMinister\u201d means the Minister for Justice and Equality;<\/p>\n<p>\u201cpersecution\u201d shall be construed in accordance with section 7;<\/p>\n<p>\u201cperson eligible for subsidiary protection\u201d means a person\u2014<\/p>\n<p>(a) who is not a national of a Member State of the European Union,<\/p>\n<p>(b) who does not qualify as a refugee,<\/p>\n<p>(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<\/p>\n<p>(d) who is not excluded under section 12 from being eligible for subsidiary protection;<\/p>\n<p>\u201cpersonal interview\u201d means an interview held under section 35(1);<\/p>\n<p>\u201cpreliminary interview\u201d means an interview held under section 13(1);<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister;<\/p>\n<p>\u201cprotection\u201d (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with section 31;<\/p>\n<p>\u201cqualified person\u201d means a person who is either\u2014<\/p>\n<p>(a) a refugee and in relation to whom a refugee declaration is in force, or<\/p>\n<p>(b) a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force;<\/p>\n<p>\u201crefugee\u201d 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;<\/p>\n<p>\u201crefugee declaration\u201d means a statement, made in writing by the Minister, declaring that the person to whom it relates is a refugee;<\/p>\n<p>\u201cregistered medical practitioner\u201d means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;<\/p>\n<p>\u201cRegistrar\u201d means the Registrar of the Tribunal appointed under section 66;<\/p>\n<p>\u201cRegulations of 2006\u201d means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);<\/p>\n<p>\u201cRegulations of 2013\u201d means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);<\/p>\n<p>F1[&#8220;return order&#8221; has the meaning assigned to it by section 51A;]<\/p>\n<p>\u201csafe country of origin\u201d means a country that has been designated under section 72 as a safe country of origin;<\/p>\n<p>F1[&#8220;safe third country&#8221; means a country that has been designated under section 72A as a safe third country;]<\/p>\n<p>\u201cserious harm\u201d means\u2014<\/p>\n<p>(a) death penalty or execution,<\/p>\n<p>(b) torture or inhuman or degrading treatment or punishment of a person in his or her country of origin, or<\/p>\n<p>(c) serious and individual threat to a civilian\u2019s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict;<\/p>\n<p>\u201cserious non-political crime\u201d includes particularly cruel actions, even if committed with an allegedly political objective;<\/p>\n<p>\u201cstatute\u201d means\u2014<\/p>\n<p>(a) an Act of the Oireachtas, or<\/p>\n<p>(b) a statute that was in force in Saorst\u00e1t \u00c9ireann 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;<\/p>\n<p>\u201cstatutory instrument\u201d means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute;<\/p>\n<p>\u201csocial welfare benefits\u201d includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2015 ;<\/p>\n<p>\u201csubsidiary protection declaration\u201d means a statement, made in writing by the Minister, declaring that the person to whom it relates is a person eligible for subsidiary protection;<\/p>\n<p>\u201cTribunal\u201d means the International Protection Appeals Tribunal established by section 61.<\/p>\n<p>(2) A person shall cease to be an applicant on the date on which\u2014<\/p>\n<p>(a) subject to subsection (3), the Minister refuses\u2014<\/p>\n<p>(i) under subsection (2) or (3) of section 47 to give the person a refugee declaration, or<\/p>\n<p>(ii) under section 47(5) both to give a refugee declaration and to give a subsidiary protection declaration to the person,<\/p>\n<p>(b) subject to subsection (3), he or she is first given, under section 54(1), a permission to reside in the State, or<\/p>\n<p>(c) he or she is transferred from the State in accordance with the Dublin Regulation.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a recommendation referred to in section 39(3)(b) is made in respect of an applicant, and<\/p>\n<p>(b) the applicant appeals under section 41(1)(a) against the recommendation,<\/p>\n<p>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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23\/2020), s. 117, S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>4 O.J. No. L180, 29.06.2013, p.31 or any Regulation amending or replacing that Regulation;<\/p>\n<p>5 O.J. No. L132, 29.05.2010, p.11<\/p>\n<p>Section 3<\/p>\n<h4>Regulations<\/h4>\n<p>3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.<\/p>\n<p>(2) Different regulations may be made under this section in respect of different classes of matter the subject of the prescribing concerned.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nPower pursuant to section exercised (8.11.2022) by International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 (S.I. No. 542 of 2022), in effect as per reg. 1(2).<\/p>\n<p>E6<br \/>\nPower pursuant to section exercised (1.01.2021) by International Protection Act 2015 (Section 51B) (Places of Detention) Regulations 2020 (S.I. No. 727 of 2020), in effect as per reg. 1(2).<\/p>\n<p>E7<br \/>\nPower pursuant to section exercised (1.01.2021) by International Protection Act 2015 (Return Order) Regulations 2020 (S.I. No. 726 of 2020), in effect as per reg. 1(2).<\/p>\n<p>E8<br \/>\nPower pursuant to section exercised (29.03.2017) by International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116 of 2017).<\/p>\n<p>E9<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Deportation) Regulations 2016 (S.I. No. 668 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E10<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Travel Document) Regulations 2016 (S.I. No. 667 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E11<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Places of Detention) Regulations 2016 (S.I. No. 666 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E12<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act (Voluntary Return) Regulations 2016 (S.I. No. 665 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E13<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act (Permission to Remain) Regulations 2016 (S.I. No. 664 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E14<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Temporary Residence Certificate) (Prescribed Information) Regulations 2016 (S.I. No. 662 of 2016), in effect as per reg. 1(2).<\/p>\n<p>E15<br \/>\nPower pursuant to section exercised (31.12.2016) by International Protection Act 2015 (Application for International Protection Form) Regulations 2016 (S.I. No. 660 of 2016), in effect as per reg. 1(2).<\/p>\n<p>Section 4<br \/>\nExpenses<\/p>\n<p>4. 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.<\/p>\n<p>I<\/p>\n<p>PART 9<\/p>\n<p>Programme Refugees and Temporary Protection<\/p>\n<p>Section 59<\/p>\n<h4>Programme refugees, etc.<\/h4>\n<p>59. (1) In this section, and subject to subsection (4), a \u201cprogramme refugee\u201d means a person to whom permission to enter and remain in the State for resettlement, or for temporary protection other than temporary protection provided for in section 60, 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 definition of \u201crefugee\u201d in section 2.<\/p>\n<p>(2) During such period as he or she is entitled to remain in the State pursuant to permission given by the Government or the Minister referred to in subsection (1), sections 53 to 55 shall apply to a programme refugee as if the programme refugee is a qualified person with the modification that a permission given under section 54 may be for a specified period of less than 3 years.<\/p>\n<p>(3) The Minister may, after consultation with the Minister for Foreign Affairs and Trade, enter into agreements with the High Commissioner for the reception and resettlement in the State of programme refugees.<\/p>\n<p>(4) (a) A person who, on the date on which this section enters into operation, is a programme refugee within the meaning of section 24 of the Act of 1996, shall be deemed to be a programme refugee for the purposes of this section.<\/p>\n<p>(b) An entry in the register referred to in section 24(1) of the Act of 1996 in respect of a person to whom paragraph (a) applies shall be deemed to be an entry in respect of him or her in the register referred to in subsection (1).<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C12<br \/>\nFunctions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.<\/p>\n<p>Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.<\/p>\n<p>(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.<\/p>\n<p>3. (1) The functions vested in the Minister for Justice and Equality &#8211;<\/p>\n<p>(a) by or under the enactments specified in Schedule 1, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Children and Youth Affairs.<\/p>\n<p>&#8230;<\/p>\n<p>(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.<\/p>\n<p>SCHEDULE 1<\/p>\n<p>Article 3(1)(a)<\/p>\n<p>Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs<\/p>\n<p>&#8230;<\/p>\n<p>Section 59(3) of the International Protection Act 2015 (No. 66 of 2015)<\/p>\n<p>&#8230;<\/p>\n<p>Section 60<\/p>\n<h4>Temporary protection<\/h4>\n<p>60. (1) In this section\u2014<\/p>\n<p>\u201ctemporary protection\u201d means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons who are unable to return to their country of origin, immediate and temporary protection;<\/p>\n<p>\u201cCouncil Directive\u201d means Council Directive 2001\/55\/EC of 20 July 20016 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 and any other Directive amending or replacing it;<\/p>\n<p>\u201cdisplaced persons\u201d has the same meaning as in the Council Directive.<\/p>\n<p>(2) Subject to subsection (3), this section applies to a displaced person to whom, following a Council Decision under Article 5 of the Council Directive establishing the existence of a mass influx of displaced persons, permission to enter and remain in the State for temporary protection as part of a group of persons has been given by the Government or the Minister and whose personal data (that is to say, name, nationality, date and place of birth, marital status, family relationship) are entered in a register established and maintained for the purposes of this section by the Minister.<\/p>\n<p>(3) The Minister may exclude a displaced person from temporary protection if\u2014<\/p>\n<p>(a) there are serious reasons for considering that\u2014<\/p>\n<p>(i) he or she 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, or<\/p>\n<p>(ii) he or she has been guilty of acts contrary to the purposes and principles of the United Nations,<\/p>\n<p>(b) there are reasonable grounds for regarding him or her as a danger to the security of the State,<\/p>\n<p>(c) the Minister is of opinion that he or she constitutes a danger to the community of the State because he or she was convicted by a final judgment of a particularly serious crime, whether in the State or elsewhere, or<\/p>\n<p>(d) there are serious reasons for considering that he or she has committed a serious non-political crime outside the State prior to his or her entry into the State.<\/p>\n<p>(4) In considering whether to exclude a displaced person from temporary protection under paragraph (c) or (d) of subsection (3), the Minister shall weigh the reasons underlying the Council Decision concerned as they relate to the displaced person against the nature of the crime of which the displaced person concerned is suspected.<\/p>\n<p>(5) Subsections (3)(d) and (4) apply both to the participants in and the persons who have instigated a crime referred to in those provisions.<\/p>\n<p>(6) The Minister shall give to a displaced person to whom subsection (2) applies, a permission to reside in the State and shall\u2014<\/p>\n<p>(a) issue him or her with\u2014<\/p>\n<p>(i) if required, an Irish visa or an Irish transit visa free of charge, or<\/p>\n<p>(ii) a permission to remain in the State,<\/p>\n<p>and<\/p>\n<p>(b) provide him or her with information, in a language that he or she may reasonably be supposed to understand, setting out the provisions of this section relating to temporary protection in the State.<\/p>\n<p>(7) Subject to subsection (8), a permission to reside in the State given under subsection (6) shall be valid for one year, and may be renewed.<\/p>\n<p>(8) A permission to reside in the State given under subsection (6) may be revoked\u2014<\/p>\n<p>(a) when temporary protection has ended in accordance with the Council Decision concerned,<\/p>\n<p>(b) upon the transfer of residence of the holder of the permission to another Member State, or<\/p>\n<p>(c) where the Minister decides that the holder should have been excluded from temporary protection under subsection (3) or (4).<\/p>\n<p>(9) Where, during the validity of a permission to reside in the State given under subsection (6), a displaced person to whom subsection (2) applies seeks to enter another Member State or has entered it without authorisation, the Minister shall, in co-operation with the competent authority of that Member State, make arrangements for the return of the person to the State.<\/p>\n<p>(10) Without prejudice to subsection (8), a displaced person to whom subsection (2) applies shall be entitled\u2014<\/p>\n<p>(a) 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,<\/p>\n<p>(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and<\/p>\n<p>(c) to the same rights of travel in the State as those to which Irish citizens are entitled.<\/p>\n<p>(11) The Minister shall co-operate with the competent authorities of another Member State in relation to\u2014<\/p>\n<p>(a) the transfer to another Member State of a displaced person to whom subsection (2) applies,<\/p>\n<p>(b) the transfer from another Member State to the State of a displaced person to whom subsection (2) applies, and<\/p>\n<p>(c) the reunification, either in the State or in another Member State, of family members of a displaced person to whom subsection (2) applies.<\/p>\n<p>(12) The Minister may prescribe documentation to be used for the purpose of enabling and facilitating transfers and reunifications referred to in subsection (11).<\/p>\n<p>(13) For the purposes of subsection (11), the Minister may provide to another Member State, insofar as they are available\u2014<\/p>\n<p>(a) personal data relating to a displaced person (that is to say, name, nationality, date and place of birth, marital status and family relationship),<\/p>\n<p>(b) travel documents relating to the person concerned,<\/p>\n<p>(c) documents concerning evidence of family ties relating to the person concerned (such as marriage certificates, birth certificates and certificates of adoption),<\/p>\n<p>(d) other information required to establish the identity of the person concerned or his or her family relationships,<\/p>\n<p>(e) residence permits and decisions concerning the giving or refusal of visas or residence permissions to the person concerned by the Minister, and documents forming the basis of those decisions,<\/p>\n<p>(f) applications for visas or entry or residence permissions submitted by the person concerned and pending in the State, and the stage reached in the processing of these, and<\/p>\n<p>(g) any corrected information within paragraphs (a) to (f) which becomes available.<\/p>\n<p>(14) Subsection (2) shall not apply to a person who is, for the time being, an applicant and a permission to reside in the State given under subsection (6) shall not be in force in relation to such a person.<\/p>\n<p>(15) In this section, \u201cIrish transit visa\u201d and \u201cIrish visa\u201d have the meaning they have under the Immigration Act 2003.<\/p>\n<p>6 O.J. No. L212, 07.08.2001, p. 12<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22378\" data-postid=\"22378\" class=\"themify_builder_content themify_builder_content-22378 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Programme refugees, etc. A \u201cprogramme refugee\u201d 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 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[342],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22378"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22378"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22378\/revisions"}],"predecessor-version":[{"id":35431,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22378\/revisions\/35431"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22378"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22378"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}