{"id":22385,"date":"2023-08-04T21:21:10","date_gmt":"2023-08-04T21:21:10","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22385"},"modified":"2024-04-14T22:23:19","modified_gmt":"2024-04-14T22:23:19","slug":"nature-of-protection","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/nature-of-protection\/","title":{"rendered":"Nature of 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\/nature-of-protection\/#Extension_to_qualified_person_of_certain_rights\" title=\"Extension to qualified person of certain rights\">Extension to qualified person of certain rights<\/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\/nature-of-protection\/#Permission_to_reside_in_State\" title=\"Permission to reside in State.\">Permission to reside in State.<\/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\/nature-of-protection\/#Travel_document\" title=\"Travel document\">Travel document<\/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\/nature-of-protection\/#Permission_for_member_of_family_of_qualified_person\" title=\"Permission for member of family of qualified person\">Permission for member of family of qualified person<\/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\/nature-of-protection\/#Permission_Issues\" title=\"Permission Issues\">Permission Issues<\/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\/nature-of-protection\/#Permission_to_reside_for_member_of_family_of_qualified_person\" title=\"Permission to reside for member of family of qualified person.\">Permission to reside for member of family of qualified person.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/#Refusal_of_Permission\" title=\"Refusal of Permission\">Refusal of Permission<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/#Situation_of_vulnerable_persons\" title=\"Situation of vulnerable persons\">Situation of vulnerable persons<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#INTERNATIONAL_PROTECTION_ACT\" title=\"INTERNATIONAL PROTECTION ACT\">INTERNATIONAL PROTECTION ACT<\/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-10\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Content_of_International_Protection\" title=\"Content of International Protection\">Content of International Protection<\/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\/nature-of-protection\/2\/#Extension_to_qualified_person_of_certain_rights-2\" title=\"Extension to qualified person of certain rights\">Extension to qualified person of certain rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Permission_to_reside_in_State-2\" title=\"Permission to reside in State\">Permission to reside in State<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Travel_document-2\" title=\"Travel document\">Travel document<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Permission_to_enter_and_reside_for_member_of_family_of_qualified_person\" title=\"Permission to enter and reside for member of family of qualified person\">Permission to enter and reside for member of family of qualified person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Permission_to_reside_for_member_of_family_of_qualified_person-2\" title=\"Permission to reside for member of family of qualified person\">Permission to reside for member of family of qualified person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/nature-of-protection\/2\/#Situation_of_vulnerable_persons-2\" title=\"Situation of vulnerable persons\">Situation of vulnerable persons<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Extension_to_qualified_person_of_certain_rights\"><\/span>Extension to qualified person of certain rights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A qualified person 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,<\/li>\n<li>subject to the below, to reside in the State, and<\/li>\n<li>subject to the below to the same rights of travel in or to or from the State as those to which Irish citizens are entitled.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Permission_to_reside_in_State\"><\/span>Permission to reside in State.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A qualified person shall be given a permission to reside in the State for a specified period of not less than 3 years. A family member shall be given a permission to reside in the State for a specified period of not less than 1 year and, in case of renewal, of not less than 2 years.<\/p>\n<p>A permission<\/p>\n<ul>\n<li>shall be renewable unless compelling reasons of national security or public order (\u201cordre public\u201d) otherwise require, and<\/li>\n<li>shall cease to be valid where the person to whom it was given ceases to be a qualified person or a family member, as the case may be.<\/li>\n<\/ul>\n<p>A \u201cfamily member\u201d means a person in relation to whom a permission to enter and to reside in the State below is given and in force.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Travel_document\"><\/span>Travel document<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister, on application by the person concerned, shall issue a travel document to a qualified person, and \u00a0\u00a0\u00a0\u00a0 family member. The Minister need not issue a travel document to a person if\u2014<\/p>\n<ul>\n<li>the Minister has required that person to provide such information as the Minister reasonably requires for the purposes of his or her functions under this section and the person has not done so,<\/li>\n<li>the person is a person in respect of whom a subsidiary protection declaration is in force and who is able to obtain a national passport, or<\/li>\n<li>the Minister considers that to issue it would not be in the interests of national security, public security, public health or public order or would be contrary to public policy (\u201cordre public\u201d).<\/li>\n<\/ul>\n<p>An application shall be in writing and\u2014<\/p>\n<ul>\n<li>in such form as may be prescribed,<\/li>\n<li>accompanied by such information as may be prescribed, being information that the Minister reasonably requires for the purposes of his or her functions under this section, and<\/li>\n<li>accompanied by such fee (if any) as may be prescribed.<\/li>\n<\/ul>\n<p>A travel document shall be in such form as may be prescribed or in a form to the like effect.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Permission_for_member_of_family_of_qualified_person\"><\/span>Permission for member of family of qualified person<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A qualified person (in this section referred to as the \u201csponsor\u201d) may, make an application to the Minister for permission to be given to a member of the family of the sponsor to enter and reside in the State. The Minister shall investigate, or cause to be investigated, an application to determine\u2014<\/p>\n<ul>\n<li>the identity of the person who is the subject of the application,<\/li>\n<li>the relationship between the sponsor and the person who is the subject of the application, and<\/li>\n<li>the domestic circumstances of the person who is the subject of the application.<\/li>\n<\/ul>\n<p>It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation, including by providing all information in his or her possession, control or procurement relevant to the application.<\/p>\n<p>If the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to enter and reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in relation to a qualified person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Permission_Issues\"><\/span>Permission Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A permission given ceases to be in force if the person to whom it is given does not enter and reside in the State by a date specified by the Minister when giving the permission.\u00a0A permission given to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or the civil partnership concerned ceases to subsist.<\/p>\n<p>The Minister may refuse to give permission to enter and reside in the State to a person referred to in subsection (4) or revoke any permission given to such a person\u2014<\/p>\n<ul>\n<li>in the interest of national security or public policy (\u201cordre public\u201d),<\/li>\n<li>where the person would be or is excluded from being a refugee in accordance with section 10,<\/li>\n<li>where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12,<\/li>\n<li>where the entitlement of the sponsor to remain in the State ceases, or<\/li>\n<li>where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.<\/li>\n<\/ul>\n<p>An application shall be made within 12 months of the giving of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.<\/p>\n<p>A \u00a0\u201cmember of the family\u201d means, in relation to the sponsor\u2014<\/p>\n<ul>\n<li>where the sponsor is married, his or her spouse (provided that the marriage is subsisting on the date the sponsor made an application for international protection in the State),<\/li>\n<li>where the sponsor is a civil partner, his or her civil partner (provided that the civil partnership is subsisting on the date the sponsor made an application for international protection in the State),<\/li>\n<li>where the sponsor is, on the date of the application under the age of 18 years and is not married, his or her parents and their children who, on the date of the application, are under the age of 18 years and are not married, or<\/li>\n<li>a child of the sponsor who, on the date of the application is under the age of 18 years and is not married.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Permission_to_reside_for_member_of_family_of_qualified_person\"><\/span>Permission to reside for member of family of qualified person.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A qualified person (in this section referred to as the \u201csponsor\u201d) may, make an application to the Minister for permission to reside in the State to be given to a member of the family of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) and who does not himself or herself qualify for international protection.<\/p>\n<p>The Minister shall investigate, or cause to be investigated, an application to determine\u2014<\/p>\n<ul>\n<li>the identity of the person who is the subject of the application,<\/li>\n<li>the relationship between the sponsor and the person who is the subject of the application, and<\/li>\n<li>the domestic circumstances of the person who is the subject of the application.<\/li>\n<\/ul>\n<p>It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation including by providing all information in his or her possession, control or procurement relevant to the application.<\/p>\n<p>If the Minister is satisfied that the person who is the subject of an application\u00a0 is a member of the family of the sponsor, the Minister shall give permission in writing to the person to reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified i in relation to a qualified person.<\/p>\n<p>A permission given to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or civil partnership concerned ceases to subsist.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Refusal_of_Permission\"><\/span>Refusal of Permission<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may refuse to give permission to reside in the State to a person referred to or, as the case may be, revoke any permission given to such a person\u2014<\/p>\n<ul>\n<li>in the interest of national security or public policy (\u201cordre public\u201d),<\/li>\n<li>where the person would be or is excluded from being a refugee<\/li>\n<li>where the person would be or is excluded from being eligible for subsidiary protection<\/li>\n<li>where the entitlement of the sponsor to remain in the State ceases, or<\/li>\n<li>where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.<\/li>\n<\/ul>\n<p>An application shall be made within 12 months of the giving of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Situation_of_vulnerable_persons\"><\/span>Situation of vulnerable persons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the application of the above provisions \u00a0due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence. In relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.<\/p>\n<p><!--nextpage--><\/p>\n<h2>INTERNATIONAL PROTECTION ACT<\/h2>\n<p>PART 8<\/p>\n<h4>Content of International Protection<\/h4>\n<p>Section 53<\/p>\n<h4>Extension to qualified person of certain rights<\/h4>\n<p>53. A qualified person 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,<\/p>\n<p>(c) subject to section 54, to reside in the State, and<\/p>\n<p>(d) subject to section 55, to the same rights of travel in or to or from the State as those to which Irish citizens are entitled.<\/p>\n<p>Section 54<\/p>\n<h4>Permission to reside in State<\/h4>\n<p>54. (1) A qualified person shall be given a permission to reside in the State for a specified period of not less than 3 years.<\/p>\n<p>(2) A family member shall be given a permission to reside in the State for a specified period of not less than 1 year and, in case of renewal, of not less than 2 years.<\/p>\n<p>(3) A permission given under subsection (1) or (2) \u2014<\/p>\n<p>(a) shall be renewable unless compelling reasons of national security or public order (\u201c ordre public\u201d) otherwise require, and<\/p>\n<p>(b) shall cease to be valid where the person to whom it was given ceases to be a qualified person or a family member, as the case may be.<\/p>\n<p>(4) In this section and section 55, \u201cfamily member\u201d means a person in relation to whom\u2014<\/p>\n<p>(a) a permission to enter and to reside in the State given under section 56 is in force, or<\/p>\n<p>(b) a permission to reside in the State given under section 57 is in force.<\/p>\n<p>Section 55<\/p>\n<h4>Travel document<\/h4>\n<p>55. (1) Subject to subsection (2), the Minister, on application by the person concerned, shall issue a travel document to a\u2014<\/p>\n<p>(a) qualified person, and<\/p>\n<p>(b) family member.<\/p>\n<p>(2) The Minister need not issue a travel document to a person referred to in subsection (1) if\u2014<\/p>\n<p>(a) the Minister has required that person to provide such information as the Minister reasonably requires for the purposes of his or her functions under this section and the person has not done so,<\/p>\n<p>(b) the person is a person in respect of whom a subsidiary protection declaration is in force and who is able to obtain a national passport, or<\/p>\n<p>(c) the Minister considers that to issue it would not be in the interests of national security, public security, public health or public order or would be contrary to public policy (\u201cordre public\u201d).<\/p>\n<p>(3) An application under subsection (1) shall be in writing and\u2014<\/p>\n<p>(a) in such form as may be prescribed,<\/p>\n<p>(b) accompanied by such information as may be prescribed, being information that the Minister reasonably requires for the purposes of his or her functions under this section, and<\/p>\n<p>(c) accompanied by such fee (if any) as may be prescribed.<\/p>\n<p>(4) A travel document shall be in such form as may be prescribed or in a form to the like effect.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nPower pursuant to subs. (3) 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>Section 56<\/p>\n<h4>Permission to enter and reside for member of family of qualified person<\/h4>\n<p>56. (1) A qualified person (in this section referred to as the \u201csponsor\u201d) may, subject to subsection (8), make an application to the Minister for permission to be given to a member of the family of the sponsor to enter and reside in the State.<\/p>\n<p>(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine\u2014<\/p>\n<p>(a) the identity of the person who is the subject of the application,<\/p>\n<p>(b) the relationship between the sponsor and the person who is the subject of the application, and<\/p>\n<p>(c) the domestic circumstances of the person who is the subject of the application.<\/p>\n<p>(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.<\/p>\n<p>(4) Subject to subsection (7), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to enter and reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.<\/p>\n<p>(5) A permission given under subsection (4) shall cease to be in force if the person to whom it is given does not enter and reside in the State by a date specified by the Minister when giving the permission.<\/p>\n<p>(6) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or the civil partnership concerned ceases to subsist.<\/p>\n<p>(7) The Minister may refuse to give permission to enter and reside in the State to a person referred to in subsection (4) or revoke any permission given to such a person\u2014<\/p>\n<p>(a) in the interest of national security or public policy (\u201cordre public\u201d),<\/p>\n<p>(b) where the person would be or is excluded from being a refugee in accordance with section 10,<\/p>\n<p>(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12,<\/p>\n<p>(d) where the entitlement of the sponsor to remain in the State ceases, or<\/p>\n<p>(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.<\/p>\n<p>(8) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.<\/p>\n<p>(9) In this section and section 57, \u201cmember of the family\u201d means, in relation to the sponsor\u2014<\/p>\n<p>(a) where the sponsor is married, his or her spouse (provided that the marriage is subsisting on the date the sponsor made an application for international protection in the State),<\/p>\n<p>(b) where the sponsor is a civil partner, his or her civil partner (provided that the civil partnership is subsisting on the date the sponsor made an application for international protection in the State),<\/p>\n<p>(c) where the sponsor is, on the date of the application under subsection (1) under the age of 18 years and is not married, his or her parents and their children who, on the date of the application under subsection (1), are under the age of 18 years and are not married, or<\/p>\n<p>(d) a child of the sponsor who, on the date of the application under subsection (1), is under the age of 18 years and is not married.<\/p>\n<p>Section 57<\/p>\n<h4>Permission to reside for member of family of qualified person<\/h4>\n<p>57. (1) A qualified person (in this section referred to as the \u201csponsor\u201d) may, subject to subsection (7), make an application to the Minister for permission to reside in the State to be given to a member of the family of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) and who does not himself or herself qualify for international protection.<\/p>\n<p>(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine\u2014<\/p>\n<p>(a) the identity of the person who is the subject of the application,<\/p>\n<p>(b) the relationship between the sponsor and the person who is the subject of the application, and<\/p>\n<p>(c) the domestic circumstances of the person who is the subject of the application.<\/p>\n<p>(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.<\/p>\n<p>(4) Subject to subsection (6), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.<\/p>\n<p>(5) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or civil partnership concerned ceases to subsist.<\/p>\n<p>(6) The Minister may refuse to give permission to reside in the State to a person referred to in subsection (4) or, as the case may be, revoke any permission given to such a person\u2014<\/p>\n<p>(a) in the interest of national security or public policy (\u201c ordre public\u201d),<\/p>\n<p>(b) where the person would be or is excluded from being a refugee in accordance with section 10,<\/p>\n<p>(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12,<\/p>\n<p>(d) where the entitlement of the sponsor to remain in the State ceases, or<\/p>\n<p>(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.<\/p>\n<p>(7) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.<\/p>\n<p>Section 58<\/p>\n<h4>Situation of vulnerable persons<\/h4>\n<p>58. (1) In the application of sections 53 to 57 due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.<\/p>\n<p>(2) In the application of sections 53 to 57 in relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22385\" data-postid=\"22385\" class=\"themify_builder_content themify_builder_content-22385 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Extension to qualified person of certain rights A qualified person shall be entitled\u2014 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, [&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\/22385"}],"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=22385"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22385\/revisions"}],"predecessor-version":[{"id":35428,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22385\/revisions\/35428"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22385"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22385"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22385"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}