{"id":22397,"date":"2023-08-04T21:42:26","date_gmt":"2023-08-04T21:42:26","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22397"},"modified":"2024-04-14T22:20:17","modified_gmt":"2024-04-14T22:20:17","slug":"protection-declaration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/protection-declaration\/","title":{"rendered":"Protection Declaration"},"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\/protection-declaration\/#Refugee_and_subsidiary_protection_declaration\" title=\"Refugee and subsidiary protection declaration\">Refugee and subsidiary protection declaration<\/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\/protection-declaration\/#Notice\" title=\"Notice\">Notice<\/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\/protection-declaration\/#Option_to_voluntarily_return_to_country_of_origin\" title=\"Option to voluntarily return to country of origin.\">Option to voluntarily return to country of origin.<\/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\/protection-declaration\/#Permission_to_remain\" title=\"Permission to remain\">Permission to remain<\/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\/protection-declaration\/#Decision\" title=\"Decision\">Decision<\/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\/protection-declaration\/#Review\" title=\"Review\">Review<\/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\/protection-declaration\/#Prohibition_of_refoulement\" title=\"Prohibition of refoulement\">Prohibition of refoulement<\/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\/protection-declaration\/#Prohibition_of_refoulement_inadmissible\" title=\"Prohibition of refoulement ( inadmissible)\">Prohibition of refoulement ( inadmissible)<\/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\/protection-declaration\/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-10\" href=\"https:\/\/legalblog.ie\/protection-declaration\/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-11\" href=\"https:\/\/legalblog.ie\/protection-declaration\/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-12\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Declarations_and_Other_Outcomes\" title=\"Declarations and Other Outcomes\">Declarations and Other Outcomes<\/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\/protection-declaration\/2\/#Refugee_declaration_and_subsidiary_protection_declaration\" title=\"Refugee declaration and subsidiary protection declaration\">Refugee declaration and subsidiary protection declaration<\/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\/protection-declaration\/2\/#Option_to_voluntarily_return_to_country_of_origin-2\" title=\"Option to voluntarily return to country of origin\">Option to voluntarily return to country of origin<\/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\/protection-declaration\/2\/#Permission_to_remain-2\" title=\"Permission to remain\">Permission to remain<\/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\/protection-declaration\/2\/#Prohibition_of_refoulement-2\" title=\"Prohibition of refoulement\">Prohibition of refoulement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Prohibition_of_refoulement_application_for_international_protection_determined_under_section_21_to_be_inadmissible\" title=\"Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)\">Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Deportation_order\" title=\"Deportation order\">Deportation order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Return_order\" title=\"Return order\">Return order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Return_of_person_subject_of_return_order\" title=\"Return of person subject of return order\">Return of person subject of return order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Period_of_validity_of_return_order\" title=\"Period of validity of return order\">Period of validity of return order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Revocation_of_refugee_declaration_or_subsidiary_protection_declaration\" title=\"Revocation of refugee declaration or subsidiary protection declaration\">Revocation of refugee declaration or subsidiary protection declaration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/protection-declaration\/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-24\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#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-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#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-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Travel_document\" 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-27\" href=\"https:\/\/legalblog.ie\/protection-declaration\/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-28\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#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-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/protection-declaration\/2\/#Situation_of_vulnerable_persons\" 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=\"Refugee_and_subsidiary_protection_declaration\"><\/span>Refugee and subsidiary protection declaration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0The Minister shall refuse to give a refugee declaration to an applicant where the report or appeal so indicate.<\/p>\n<p>The Minister may refuse to give a refugee declaration to an applicant who is a refugee where\u2014<\/p>\n<ul>\n<li>there are reasonable grounds for regarding him or her as a danger to the security of the State, or<\/li>\n<li>the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.<\/li>\n<\/ul>\n<p>The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of a report or a decision of the Tribunal accordingly.<\/p>\n<p>Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notice\"><\/span>Notice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of:<\/p>\n<ul>\n<li>the giving of a refugee declaration;<\/li>\n<li>the giving of a subsidiary protection declaration;<\/li>\n<li>the refusal to give a refugee declaration;<\/li>\n<li>the refusal both to give a refugee declaration and to give a subsidiary protection declaration.<\/li>\n<\/ul>\n<p>The Minister shall notify the High Commissioner of the giving of or the refusal to give an applicant a refugee declaration or a subsidiary protection declaration.<\/p>\n<p>A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under the 2015 Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Option_to_voluntarily_return_to_country_of_origin\"><\/span>Option to voluntarily return to country of origin.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may, by notice in writing, inform a person whose application for international protection has not been the subject of a report following examination of the application or has been the subject of a report under which includes a recommendation refusing a refugee and subsidiary declaration that the person may, within such period as may be specified in the notice, comply with the following,<\/p>\n<p>A person complies where he or she\u2014<\/p>\n<ul>\n<li>where applicable withdraws his or her application for international protection or, as the case may be, withdraws) his or her appeal, and<\/li>\n<li>confirms to the Minister, in, that the person will voluntarily return to his or her country of origin.<\/li>\n<\/ul>\n<p>The Minister may, by notice in writing, inform a person\u2014<\/p>\n<ul>\n<li>to whom the Minister has refused both to give a refugee declaration and to give a subsidiary protection declaration, and<\/li>\n<li>who is the subject of a decision of the Minister?<\/li>\n<\/ul>\n<p>that the person may, within 5 days of the date on which the notice is sent, comply with the following. A person complies with this provision where he or she confirms to the Minister, that the person will voluntarily return to his or her country of origin.<\/p>\n<p>Where a person complies as the case may be, the Minister shall not make a deportation order n respect of the person where, the person has complied and for so long as the Minister is of the opinion that the person is making such efforts as are reasonable to expect of the person to leave the State in accordance with his or her confirmation as the case may be.<\/p>\n<p>The above shall cease to apply where the Minister is of the opinion that\u2014<\/p>\n<ul>\n<li>there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or<\/li>\n<li>the person, having been by a final judgment convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Permission_to_remain\"><\/span>Permission to remain<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a recommendation to refuse refugee and subsidiary protection declaration referred to in) is made in respect of an application, the Minister shall consider, whether to give the applicant concerned a permission to remain in the State (referred to as a \u201cpermission\u201d).<\/p>\n<p>For the purposes of his or her consideration, the Minister shall have regard to\u2014<\/p>\n<ul>\n<li>the information (if any) submitted by the applicant and<\/li>\n<li>any relevant information presented by the applicant in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.<\/li>\n<\/ul>\n<p>In deciding whether to give an applicant a permission, the Minister shall have regard to the applicant\u2019s family and personal circumstances and his or her right to respect for his or her private and family life, having due regard to\u2014<\/p>\n<ul>\n<li>the nature of the applicant\u2019s connection with the State, if any,<\/li>\n<li>humanitarian considerations,<\/li>\n<li>the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal convictions),<\/li>\n<li>considerations of national security and public order, and<\/li>\n<li>any other considerations of the common good.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Decision\"><\/span>Decision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister, having considered these matters\u00a0 shall decide to\u2014<\/p>\n<ul>\n<li>give the applicant a permission, or<\/li>\n<li>refuse to give the applicant a permission.<\/li>\n<\/ul>\n<p>The Minister shall notify, in writing, the applicant concerned and his or her legal representative (if known) of the Minister\u2019s decision which notification shall be accompanied by a statement of the reasons for the decision.<\/p>\n<p>An applicant\u2014<\/p>\n<ul>\n<li>may, at any stage prior to the preparation of the report in relation to his or her application, submit information that would be relevant to the Minister\u2019s decision, and<\/li>\n<li>shall, where he or she becomes aware, during the period between the making of his or her application and the preparation of such report, of a change of circumstances that would be relevant to the Minister\u2019s decision\u00a0 inform the Minister, forthwith, of that change.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Review\"><\/span>Review<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the Tribunal affirms a recommendation made in respect of an application, the Minister shall, upon receiving information from an applicant review a decision made in respect of the applicant concerned.<\/p>\n<p>An applicant, for the purposes of a review and within such period following receipt by him or her of the decision of the Tribunal as may be prescribe\u2014<\/p>\n<ul>\n<li>may submit information that would have been relevant to the making of a decision had it been in the possession of the Minister when making such decision, and<\/li>\n<li>shall, where he or she becomes aware of a change of circumstances that would have been relevant to the making of a decision had it been in the possession of the Minister when making such decision, inform the Minister, forthwith, of that change.<\/li>\n<\/ul>\n<p>The Minister may prescribe a period for the above purposes and, in doing so, shall have regard to the need for fairness and efficiency in the conduct of a review.<\/p>\n<p>A permission given is deemed to be a permission given under the Immigration Act. A reference in any enactment to a permission in the 2004 Act is e deemed to include a reference to a permission given above.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibition_of_refoulement\"><\/span>Prohibition of refoulement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister\u2014<\/p>\n<ul>\n<li>the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or<\/li>\n<li>there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.<\/li>\n<\/ul>\n<p>In forming his or her opinion of the matters the Minister shall have regard to\u2014<\/p>\n<ul>\n<li>the information (if any) submitted by the person and<\/li>\n<li>any relevant information presented by the person in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.<\/li>\n<\/ul>\n<p>A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister, inform the Minister forthwith of that change.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prohibition_of_refoulement_inadmissible\"><\/span>Prohibition of refoulement ( inadmissible)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister\u2014<\/p>\n<ul>\n<li>the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or<\/li>\n<li>there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.<\/li>\n<\/ul>\n<p>In forming his or her opinion of the matters referred to the Minister shall have regard to the information (if any) submitted by the person, and any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal).<\/p>\n<p>A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister inform the Minister forthwith of that change.<\/p>\n<p>A person who, would otherwise be the subject of a return order, shall, notwithstanding that his or her application for international protection has been determined to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion an application for international protection under certain circumstances&#8230;<\/p>\n<p>The Minister shall as soon as practicable after he or she forms the above opinion\u2014<\/p>\n<ul>\n<li>send the person, and his or her legal representative (if known), a notice in writing informing him or her and inviting the person to complete, in respect of his or her application and<\/li>\n<li>give or cause to be given to the person a statement.<\/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>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>PART 7<\/p>\n<h4>Declarations and Other Outcomes<\/h4>\n<p>Section 47<\/p>\n<h4>Refugee declaration and subsidiary protection declaration<\/h4>\n<p>47. (1) The Minister shall, subject to subsection (3), give a refugee declaration to an applicant as soon as possible after receipt by the Minister of\u2014<\/p>\n<p>(a) a report under section 39 that includes a recommendation referred to in subsection (3)(a) of that section, or<\/p>\n<p>(b) a decision of the Tribunal referred to in subsection (2)(b) or (3)(b) of section 46.<\/p>\n<p>(2) The Minister shall refuse to give a refugee declaration to an applicant where\u2014<\/p>\n<p>(a) a report under section 39 in respect of the application concerned includes a recommendation referred to in paragraph (b) of section 39(3), and the applicant has not appealed under section 41 against the recommendation,<\/p>\n<p>(b) an appeal by the applicant under section 41(1)(a) against a recommendation is withdrawn or deemed to be withdrawn under section 45, or<\/p>\n<p>(c) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(2)(a) in relation to the appeal.<\/p>\n<p>(3) The Minister may refuse to give a refugee declaration to an applicant who is a refugee where\u2014<\/p>\n<p>(a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or<\/p>\n<p>(b) the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.<\/p>\n<p>(4) The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of\u2014<\/p>\n<p>(a) a report under section 39 that includes a recommendation referred to in section 39(3)(b), or<\/p>\n<p>(b) a decision of the Tribunal referred to in section 46(3)(c).<\/p>\n<p>(5) The Minister shall refuse both to give a refugee declaration and to give a subsidiary protection declaration to an applicant where\u2014<\/p>\n<p>(a) the application concerned is withdrawn under section 20 or 37,<\/p>\n<p>(b) a report under section 39 in respect of the application concerned includes a recommendation referred to in section 39(3)(c), and the applicant has not appealed under section 41 against the recommendation,<\/p>\n<p>(c) an appeal by the applicant under section 41(1)(b) by the applicant against a recommendation is deemed under section 20 to be withdrawn, or is withdrawn or deemed to be withdrawn under section 45, or<\/p>\n<p>(d) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(3)(a) in relation to the appeal.<\/p>\n<p>(6) Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.<\/p>\n<p>(7) The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of:<\/p>\n<p>(a) the giving under subsection (1) of a refugee declaration;<\/p>\n<p>(b) the giving under subsection (4) of a subsidiary protection declaration;<\/p>\n<p>(c) the refusal under subsection (2) or (3) to give a refugee declaration;<\/p>\n<p>(d) the refusal under subsection (5) both to give a refugee declaration and to give a subsidiary protection declaration.<\/p>\n<p>(8) The Minister shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give an applicant a refugee declaration or a subsidiary protection declaration.<\/p>\n<p>(9) A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under this Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen.<\/p>\n<p>Section 48<\/p>\n<h4>Option to voluntarily return to country of origin<\/h4>\n<p>48. (1) The Minister may, by notice in writing, inform a person whose application for international protection\u2014<\/p>\n<p>(a) has not been the subject of a report under section 39, or<\/p>\n<p>(b) has been the subject of a report under section 39 which includes a recommendation referred to in section 39(3)(c),<\/p>\n<p>that the person may, within such period as may be specified in the notice, comply with subsection (2).<\/p>\n<p>(2) A person complies with this subsection where he or she\u2014<\/p>\n<p>(a) where applicable withdraws under section 37 his or her application for international protection or, as the case may be, withdraws under section 45(1) his or her appeal under section 41, and<\/p>\n<p>(b) confirms to the Minister, in accordance with this section, that the person will voluntarily return to his or her country of origin.<\/p>\n<p>(3) The Minister may, by notice in writing, inform a person\u2014<\/p>\n<p>(a) to whom the Minister has refused both to give a refugee declaration and to give a subsidiary protection declaration, and<\/p>\n<p>(b) who is the subject of a decision of the Minister under section 49(4)(b),<\/p>\n<p>that the person may, within 5 days of the date on which the notice is sent, comply with subsection (4).<\/p>\n<p>(4) A person complies with this subsection where he or she confirms to the Minister, in accordance with this section, that the person will voluntarily return to his or her country of origin.<\/p>\n<p>(5) Notwithstanding section 51, and subject to subsection (6), where a person complies with subsection (2) or (4), as the case may be, the Minister shall not make a deportation order under that section in respect of the person\u2014<\/p>\n<p>(a) where, in the case of a person to whom subsection (1) applies, the person has complied with subsection (2)(a), and<\/p>\n<p>(b) for so long as the Minister is of the opinion that the person is making such efforts as are reasonable to expect of the person to leave the State in accordance with his or her confirmation under subsection (2)(b) or (4), as the case may be.<\/p>\n<p>(6) Subsection (5) shall cease to apply where the Minister is of the opinion that\u2014<\/p>\n<p>(a) there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or<\/p>\n<p>(b) the person, having been by a final judgment convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.<\/p>\n<p>(7) A notice under subsection (1) or (3) shall be in such form as may be prescribed and shall contain a statement of the effect of subsection (5) and (6).<\/p>\n<p>(8) A confirmation under subsection (2)(b) or (4) shall be given in such form and in such manner as may be prescribed.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nSubstituted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 70, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C10<br \/>\nProspective affecting provision: subs. (3) amended by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 70, not commenced as of date of revision.<\/p>\n<p>&#8230;<\/p>\n<p>that the person may, within F12[30 days] of the date on which the notice is sent, comply with subsection (4).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPower pursuant to subss. (7), (8) 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>Section 49<\/p>\n<h4>Permission to remain<\/h4>\n<p>49. (1) Where a recommendation referred to in section 39(3)(c) is made in respect of an application, the Minister shall consider, in accordance with this section, whether to give the applicant concerned a permission under this section to remain in the State (in this section referred to as a \u201cpermission\u201d).<\/p>\n<p>(2) For the purposes of his or her consideration under this section, the Minister shall have regard to\u2014<\/p>\n<p>(a) the information (if any) submitted by the applicant under subsection (6), and<\/p>\n<p>(b) any relevant information presented by the applicant in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.<\/p>\n<p>(3) In deciding whether to give an applicant a permission, the Minister shall have regard to the applicant\u2019s family and personal circumstances and his or her right to respect for his or her private and family life, having due regard to\u2014<\/p>\n<p>(a) the nature of the applicant\u2019s connection with the State, if any,<\/p>\n<p>(b) humanitarian considerations,<\/p>\n<p>(c) the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal convictions),<\/p>\n<p>(d) considerations of national security and public order, and<\/p>\n<p>(e) any other considerations of the common good.<\/p>\n<p>(4) The Minister, having considered the matters referred to in subsections (2) and (3), shall decide to\u2014<\/p>\n<p>(a) give the applicant a permission, or<\/p>\n<p>(b) refuse to give the applicant a permission.<\/p>\n<p>(5) The Minister shall notify, in writing, the applicant concerned and his or her legal representative (if known) of the Minister\u2019s decision under subsection (4), which notification shall be accompanied by a statement of the reasons for the decision.<\/p>\n<p>(6) An applicant\u2014<\/p>\n<p>(a) may, at any stage prior to the preparation of the report under section 39(1) in relation to his or her application, submit information that would, in the event that subsection (1) applies to the applicant, be relevant to the Minister\u2019s decision under this section, and<\/p>\n<p>(b) shall, where he or she becomes aware, during the period between the making of his or her application and the preparation of such report, of a change of circumstances that would be relevant to the Minister\u2019s decision under this section inform the Minister, forthwith, of that change.<\/p>\n<p>(7) Where the Tribunal affirms a recommendation referred to in section 39(3)(c) made in respect of an application, the Minister shall, upon receiving information from an applicant in accordance with subsection (9), review a decision made by him or her under subsection (4)(b) in respect of the applicant concerned.<\/p>\n<p>(8) Subsections (2) to (5) shall apply to a review under subsection (7), subject to the modification that the reference in subsection (2)(a) to information submitted by the applicant under subsection (6) shall be deemed to include information submitted under subsection (9) and any other necessary modifications.<\/p>\n<p>(9) An applicant, for the purposes of a review under subsection (7), and within such period following receipt by him or her under section 46(6) of the decision of the Tribunal as may be prescribed under subsection (10) \u2014<\/p>\n<p>(a) may submit information that would have been relevant to the making of a decision under paragraph (b) of subsection (4) had it been in the possession of the Minister when making such decision, and<\/p>\n<p>(b) shall, where he or she becomes aware of a change of circumstances that would have been relevant to the making of a decision under subsection (4)(b) had it been in the possession of the Minister when making such decision, inform the Minister, forthwith, of that change.<\/p>\n<p>(10) The Minister may prescribe a period for the purposes of subsection (9) and, in doing so, shall have regard to the need for fairness and efficiency in the conduct of a review under this section.<\/p>\n<p>(11) (a) A permission given under this section shall be deemed to be a permission given under section 4 of the Act of 2004 and that Act shall apply accordingly.<\/p>\n<p>(b) A reference in any enactment to a permission under section 4 of the Act of 2004 shall be deemed to include a reference to a permission given under this section.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nPower pursuant to subs. (10) 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>Section 50<\/p>\n<h4>Prohibition of refoulement<\/h4>\n<p>50. (1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister\u2014<\/p>\n<p>(a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or<\/p>\n<p>(b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.<\/p>\n<p>(2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to\u2014<\/p>\n<p>(a) the information (if any) submitted by the person under subsection (3), and<\/p>\n<p>(b) any relevant information presented by the person in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.<\/p>\n<p>(3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.<\/p>\n<p>(4) A person who, but for the operation of subsection (1), would be the subject of a deportation order under section 51 shall be given permission to remain in the State.<\/p>\n<p>(5) A permission given under this section shall be deemed to be a permission given under section 4 of the Act of 2004 and that Act shall apply accordingly.<\/p>\n<p>(6) A reference in any enactment to a permission under section 4 of the Act of 2004 shall be construed as including a reference to a permission given under this section.<\/p>\n<p>(7) In this section \u201cperson\u201d means a person who is, or was, an applicant.<\/p>\n<p>Section 50A<br \/>\nF13[<\/p>\n<h4>Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)<\/h4>\n<p>50A. (1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister\u2014<\/p>\n<p>(a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or<\/p>\n<p>(b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.<\/p>\n<p>(2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to\u2014<\/p>\n<p>(a) the information (if any) submitted by the person under subsection (3), and<\/p>\n<p>(b) any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal by the person under section 21(6).<\/p>\n<p>(3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.<\/p>\n<p>(4) A person who, but for the operation of subsection (1), would be the subject of a return order under section 51A, shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion that subsection (1) applies to the person, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.<\/p>\n<p>(5) The Minister shall as soon as practicable after he or she forms the opinion that subsection (1) applies to a person\u2014<\/p>\n<p>(a) send the person, and his or her legal representative (if known), a notice in writing\u2014<\/p>\n<p>(i) informing him or her of the effect of subsection (4), and<\/p>\n<p>(ii) inviting the person to complete, in respect of his or her application referred to in subsection (4), the form prescribed under section 15(5),<\/p>\n<p>and<\/p>\n<p>(b) give or cause to be given to the person a statement under section 18(1).<\/p>\n<p>(6) In this section, &#8220;person&#8221; means a person whose application for international protection has been determined under section 21(11) to be inadmissible.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<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. 120, S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 51<\/p>\n<h4>Deportation order<\/h4>\n<p>51. (1) Subject to section 50, the Minister shall make an order under this section (\u201cdeportation order\u201d) in relation to a person where the Minister\u2014<\/p>\n<p>(a) has refused under section 47 both to give a refugee declaration and to give a subsidiary protection to the person, and<\/p>\n<p>(b) is satisfied that section 48(5) does not apply in respect of the person, and<\/p>\n<p>(c) has refused under section 49(4) to give the person a permission under that section.<\/p>\n<p>(2) A deportation order shall require the person specified in the order to leave the State within such period as may be specified in the order and thereafter to remain out of the State.<\/p>\n<p>(3) Where the Minister makes a deportation order, he or she shall notify the person specified in the order of the making of the order and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.<\/p>\n<p>(4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly\u2014<\/p>\n<p>(a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,<\/p>\n<p>(b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and<\/p>\n<p>(c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.<\/p>\n<p>(5) A deportation order shall be in the form prescribed or in a form to the like effect.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nPower pursuant to subs. (5) 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>Section 51A<br \/>\nF14[<\/p>\n<h4>Return order<\/h4>\n<p>51A. (1) Subject to section 50A, the Minister shall by order (in this Act referred to as a &#8220;return order&#8221;) require a person whose application for international protection has been determined under section 21(11) to be inadmissible to leave the State.<\/p>\n<p>(2) Where subsection (1) applies, the person specified in the return order may be returned:<\/p>\n<p>(a) where the circumstances referred to in section 21(2)(a) apply in relation to him or her, to the Member State that has granted refugee status or subsidiary protection to the person;<\/p>\n<p>(b) where the circumstances referred to in section 21(2)(b) apply in relation to him or her, to the first country of asylum for the person;<\/p>\n<p>(c) where the circumstances referred to in section 21(2)(c) apply in relation to him or her, to the safe third country that is a safe country for the person.<\/p>\n<p>(3) Where the Minister makes a return order, he or she shall notify the person specified in the order and his or her legal representative (if known) of the making of the order.<\/p>\n<p>(4) A notification under subsection (3) shall be in a language that the person concerned may reasonably be supposed to understand, where\u2014<\/p>\n<p>(a) the person is not assisted or represented by a legal representative, and<\/p>\n<p>(b) legal assistance is not available to the person.<\/p>\n<p>(5) A return order shall be in the form prescribed or in a form to the like effect.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<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. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nPower pursuant to subs. (5) 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>Section 51B<br \/>\nF15[<\/p>\n<h4>Return of person subject of return order<\/h4>\n<p>51B. (1) An immigration officer or a member of the Garda S\u00edoch\u00e1na may, for the purpose of facilitating the return of a person the subject of a return order, by notice in writing require the person to comply with one or more of the following conditions:<\/p>\n<p>(a) that he or she present himself or herself to such immigration officer or member of the Garda S\u00edoch\u00e1na at such date, time and place as may be specified in the notice;<\/p>\n<p>(b) where, and only for so long as, it is reasonably necessary to facilitate his or her return, that he or she surrender his or her passport and any other travel document that he or she holds;<\/p>\n<p>(c) that he or she co-operate in any way necessary to enable an immigration officer or a member of the Garda S\u00edoch\u00e1na to obtain a passport or other travel document, travel ticket or other document required for the purpose of such return;<\/p>\n<p>(d) that he or she reside or remain in a particular place in the State pending his or her return.<\/p>\n<p>(2) A notice under subsection (1) shall be in a language that the person concerned may reasonably be supposed to understand.<\/p>\n<p>(3) A person the subject of a return order shall comply with a requirement under subsection (1).<\/p>\n<p>(4) Where an immigration officer or a member of the Garda S\u00edoch\u00e1na considers that there is a significant risk of a person the subject of a return order absconding, the officer or member (&#8220;arresting officer or member&#8221;) may, for the purpose of facilitating the return of the person, arrest the person without warrant and a person so arrested may be taken by an immigration officer or a member of the Garda S\u00edoch\u00e1na to a prescribed place (in this section referred to as a &#8220;place of detention&#8221;) and detained\u2014<\/p>\n<p>(a) in the place of detention under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of the Garda S\u00edoch\u00e1na for the time being in charge of the place, and<\/p>\n<p>(b) for a period not exceeding 7 days.<\/p>\n<p>(5) For the purpose of arresting a person under subsection (4), an immigration officer or member of the Garda S\u00edoch\u00e1na may enter (if necessary by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or member, with reasonable cause, suspects the person to be and, where the premises is a dwelling, the immigration officer or member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or member to be in charge of the dwelling, enter that dwelling unless\u2014<\/p>\n<p>(a) the person ordinarily resides at the dwelling, or<\/p>\n<p>(b) he or she believes on reasonable grounds that the person is within the dwelling.<\/p>\n<p>(6) The matters to which an officer or member referred to in subsection (4) may have regard, in considering for the purposes of that subsection whether there is a significant risk of a person the subject of a return order absconding, include the following:<\/p>\n<p>(a) whether the person, in the purported discharge of his or her duty to establish his or her identity, has misrepresented or omitted facts, whether or not by the use of false documents;<\/p>\n<p>(b) whether the person has failed to comply with a requirement under subsection (1);<\/p>\n<p>(c) whether the person, having been informed of arrangements for his or her return, has failed to co-operate with those arrangements;<\/p>\n<p>(d) whether the person has explicitly expressed an intention not to comply with arrangements for his or her return;<\/p>\n<p>(e) whether the person has previously failed to comply with the law of the State, or of another state, relating to the entry or presence of foreign nationals in the State or, as the case may be, that state.<\/p>\n<p>(7) Subject to subsection (8), subsections (4) and (5) shall not apply to a person the subject of a return order who is under the age of 18 years.<\/p>\n<p>(8) If and for so long as an immigration officer or member of the Garda S\u00edoch\u00e1na concerned has reasonable grounds for believing that the person the subject of a return order is not under the age of 18 years, the provisions of subsections (4) and (5) shall apply as if the person had attained the age of 18 years.<\/p>\n<p>(9) The Minister may, in order to facilitate the return of a person the subject of a return order, issue to the person a laissez-passer or such other travel document as the Minister considers appropriate.<\/p>\n<p>(10) An immigration officer or member of the Garda S\u00edoch\u00e1na may, for the purpose of the return, detain a person the subject of a return order in accordance with subsection (11) and place him or her on a vehicle that is about to leave the State and the person shall be deemed to be in lawful custody while so detained and until the vehicle leaves the State.<\/p>\n<p>(11) A person who is detained under subsection (10) may, for the purposes of that subsection, be detained\u2014<\/p>\n<p>(a) for a period not exceeding 7 days, in a place of detention,<\/p>\n<p>(b) for a period or periods each not exceeding 12 hours, in a vehicle, for the purpose of bringing the person to the port from which the vehicle referred to in subsection (10) is due to leave the State, or<\/p>\n<p>(c) for a period or periods each not exceeding 12 hours, within the port referred to in paragraph (b).<\/p>\n<p>(12) The master or person in charge of a vehicle that is about to leave the State shall, if so directed by an immigration officer or member of the Garda S\u00edoch\u00e1na, receive a person the subject of a return order on board the vehicle and afford the person so received proper accommodation and maintenance during the journey concerned.<\/p>\n<p>(13) A reference in this section and section 51C to the return of a person is a reference to his or her return in accordance with section 51A(2).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<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. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPower pursuant to subs. (4) 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>Section 51C<br \/>\nF16[<\/p>\n<h4>Period of validity of return order<\/h4>\n<p>51C. (1) A person the subject of a return order may, while the order is in effect, be returned in accordance with section 51A(2).<\/p>\n<p>(2) A return order shall, other than where subsection (3) or (4) applies, remain in effect for a period of 6 months from the date on which notification (referred to in section 51A(3)) of the return order is sent.<\/p>\n<p>(3) Where a person the subject of the return order absconds in the period referred to in subsection (2), the order shall remain in effect for a period of 12 months from the date on which notification (referred to in section 51A(3) ) of the return order is sent.<\/p>\n<p>(4) Where a person the subject of the return order brings an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) of the return order and the High Court suspends the operation of the order pending the determination of the application, the order shall remain in effect for a period of 6 months from the date of the final determination (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal) of the application concerned.<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) a return order ceases in accordance with this section to have effect on a particular date (in this section referred to as the &#8220;relevant date&#8221;), and<\/p>\n<p>(b) by the relevant date the person the subject of the order has not been returned,<\/p>\n<p>he or she shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date immediately following the relevant date, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.<\/p>\n<p>(6) The Minister shall as soon as practicable on or after the date immediately following the relevant date\u2014<\/p>\n<p>(a) send the person concerned, and his or her legal representative (if known), a notice in writing\u2014<\/p>\n<p>(i) informing him or her of the effect of subsection (5), and<\/p>\n<p>(ii) inviting the person to complete, in respect of his or her application referred to in subsection (5), the form prescribed under section 15(5),<\/p>\n<p>and<\/p>\n<p>(b) give or cause to be given to the person a statement under section 18(1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<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. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>Section 52<\/p>\n<h4>Revocation of refugee declaration or subsidiary protection declaration<\/h4>\n<p>52. (1) The Minister shall, in accordance with this section, revoke a refugee declaration given to a person if satisfied that\u2014<\/p>\n<p>(a) the person should have been or is excluded from being a refugee under section 10,<\/p>\n<p>(b) the person has, in accordance with section 9, ceased to be a refugee, or<\/p>\n<p>(c) 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 a refugee declaration.<\/p>\n<p>(2) The Minister may, in accordance with this section, revoke a refugee declaration given to a person if satisfied that\u2014<\/p>\n<p>(a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or<\/p>\n<p>(b) the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.<\/p>\n<p>(3) The Minister shall, in accordance with this section, revoke a subsidiary protection declaration given to a person if satisfied that\u2014<\/p>\n<p>(a) the person should have been or is excluded from being eligible for subsidiary protection under section 12,<\/p>\n<p>(b) the person has, in accordance with section 11, ceased to be eligible for subsidiary protection, or<\/p>\n<p>(c) 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 a subsidiary protection declaration.<\/p>\n<p>(4) Where the Minister proposes, under subsection (1), (2) or (3), to revoke a declaration, he or she shall send a notice in writing of his or her proposal and of the reasons for it to the person concerned, which notice shall include a statement of the person\u2019s entitlement under subsection (6) to make representations in writing to the Minister in relation to the proposal.<\/p>\n<p>(5) Where the Minister sends a notice under subsection (4) to a person, he or she shall at the same time send a copy thereof to the person\u2019s legal representative (if known) and to the High Commissioner.<\/p>\n<p>(6) A person who has been sent a notice of a proposal under subsection (4) may, within 15 working days of the sending of the notice, make representations in writing to the Minister in relation to the proposal.<\/p>\n<p>(7) The Minister shall\u2014<\/p>\n<p>(a) before deciding to revoke a declaration under this section, take into consideration any representations made to him or her in accordance with subsection (6), and<\/p>\n<p>(b) where he or she decides to revoke the declaration under this section, send a notice in writing of his or her decision and of the reasons for it to the person concerned, which notice shall include a statement of the person\u2019s entitlement under subsection (8) to appeal.<\/p>\n<p>(8) A person to whom a notice under subsection (7)(b) is sent may, within 10 working days from the date of the notice, appeal to the Circuit Court against the decision of the Minister to revoke the declaration.<\/p>\n<p>(9) The Circuit Court, on the hearing of an appeal under subsection (8), may, as it thinks proper\u2014<\/p>\n<p>(a) affirm the decision of the Minister, or<\/p>\n<p>(b) direct the Minister not to revoke the declaration.<\/p>\n<p>(10) A decision to revoke a declaration shall take effect\u2014<\/p>\n<p>(a) where no appeal to the Circuit Court is brought against the decision of the Minister, on the date on which the period specified in subsection (8) for making such an appeal expires, or<\/p>\n<p>(b) where an appeal to the Circuit Court is brought against the decision of the Minister\u2014<\/p>\n<p>(i) from the date on which the Circuit Court, under subsection (9)(a), affirms the decision, or<\/p>\n<p>(ii) from the date on which the appeal is withdrawn.<\/p>\n<p>(11) In this section \u201cdeclaration\u201d means a refugee declaration or a subsidiary protection declaration.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nInserted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 71, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C11<br \/>\nProspective affecting provision: subs. (9A) inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 71, not commenced as of date of revision.<\/p>\n<p>F17[(9A) A decision of the Circuit Court on an appeal under subsection (8) shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.]<\/p>\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-22397\" data-postid=\"22397\" class=\"themify_builder_content themify_builder_content-22397 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0The Minister shall refuse to give a refugee declaration to an applicant where the report or appeal [&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\/22397"}],"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=22397"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22397\/revisions"}],"predecessor-version":[{"id":35424,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22397\/revisions\/35424"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22397"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}