{"id":22421,"date":"2023-08-04T22:23:40","date_gmt":"2023-08-04T22:23:40","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22421"},"modified":"2024-04-14T21:52:27","modified_gmt":"2024-04-14T21:52:27","slug":"22421-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/22421-2\/","title":{"rendered":"Application for Protection"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/22421-2\/#Inadmissible_Application\" title=\"Inadmissible Application\">Inadmissible Application<\/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\/22421-2\/#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-3\" href=\"https:\/\/legalblog.ie\/22421-2\/#Country\" title=\"Country\">Country<\/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\/22421-2\/#Subsequent_Application\" title=\"Subsequent Application\">Subsequent Application<\/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\/22421-2\/#Recommendation\" title=\"Recommendation\">Recommendation<\/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\/22421-2\/#Report_in_relation_to_the_health_of_applicant\" title=\"Report in relation to the health of applicant\">Report in relation to the health of applicant<\/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\/22421-2\/#Examination_to_determine_age_of_unaccompanied_person\" title=\"Examination to determine age of unaccompanied person.\">Examination to determine age of unaccompanied person.<\/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\/22421-2\/#Examination_Issues\" title=\"Examination Issues\">Examination Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/22421-2\/#Protection_of_identity_of_applicant\" title=\"Protection of identity of applicant\">Protection of identity of applicant<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/22421-2\/2\/#INTERNATIONAL_PROTECTION_ACT\" title=\"INTERNATIONAL PROTECTION ACT\">INTERNATIONAL PROTECTION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/22421-2\/2\/#Inadmissible_application\" title=\"Inadmissible application\">Inadmissible application<\/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\/22421-2\/2\/#Subsequent_application\" title=\"Subsequent application\">Subsequent application<\/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\/22421-2\/2\/#Report_in_relation_to_the_health_of_applicant-2\" title=\"Report in relation to the health of applicant\">Report in relation to the health of applicant<\/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\/22421-2\/2\/#Examination_to_determine_age_of_unaccompanied_person-2\" title=\"Examination to determine age of unaccompanied person\">Examination to determine age of unaccompanied person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/22421-2\/2\/#Examination_to_determine_age_for_purposes_of_subsection_7_of_section_20\" title=\"Examination to determine age for purposes of subsection (7) of section 20\">Examination to determine age for purposes of subsection (7) of section 20<\/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\/22421-2\/2\/#Protection_of_identity_of_applicant-2\" title=\"Protection of identity of applicant\">Protection of identity of applicant<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Inadmissible_Application\"><\/span>Inadmissible Application<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not make an application for international protection where the application is, inadmissible.<\/p>\n<p>An application for international protection is inadmissible where one or more than one of the following circumstances applies in relation to the person who is the subject of the application:<\/p>\n<ul>\n<li>another EU Member State has granted refugee status or subsidiary protection status to the person;<\/li>\n<li>a country other than an EU Member State is a first country of asylum for person;<\/li>\n<li>the person arrived in the State from a safe third country.<\/li>\n<\/ul>\n<p>Where an international protection officer is of the opinion that an application for international protection is inadmissible, he or she shall recommend to the Minister that the application be determined to be inadmissible.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Decision\"><\/span>Decision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an international protection officer makes such a recommendation, he or she shall prepare a report in writing, which shall include the reasons for the recommendation, and\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0the Minister shall, as soon as practicable, notify the person concerned. A person to whom a notification is sent may, within such period from the date of the notification as may be prescribed, appeal to the Tribunal against the recommendation concerned.<\/p>\n<p>The Tribunal shall make its decision without an oral hearing; Before reaching a decision on an appeal the Tribunal shall consider the following\u2014<\/p>\n<ul>\n<li>the notice of appeal,<\/li>\n<li>all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the application for international protection concerned is admissible,<\/li>\n<li>any observations made to the Tribunal by the Minister or the High Commissioner, and<\/li>\n<\/ul>\n<p>Where the Minister determines an application to be inadmissible, he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the determination and of the reasons for it, which notification shall, where applicable, include a statement of the effect of\u00a0 the relevant provision.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Country\"><\/span>Country<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A country is a first country of asylum for a person if he or she\u2014<\/p>\n<ul>\n<li>has been recognised in that country as a refugee and can still avail himself or herself of that protection, or<\/li>\n<li>otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement, and<\/li>\n<li>will be re-admitted to that country.<\/li>\n<\/ul>\n<p>A safe third country is a safe country for a person if he or she\u2014<\/p>\n<ul>\n<li>having regard to the matters referred to, has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,<\/li>\n<li>will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or punishment, and<\/li>\n<li>will be re-admitted to the country concerned.<\/li>\n<\/ul>\n<p>The matters to which regard shall be had include (but are not limited to) the following:<\/p>\n<ul>\n<li>the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;<\/li>\n<li>any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;<\/li>\n<li>the presence in the country concerned of any family members, relatives or other family relations of the person concerned;<\/li>\n<li>the nature and extent of any cultural connections between the person concerned and the country concerned]<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Subsequent_Application\"><\/span>Subsequent Application<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not make a subsequent application without the consent of the Minister. The application for the consent) shall include\u2014<\/p>\n<ul>\n<li>a written statement of the reasons why the person concerned considers that the consent of the Minister should be given.<\/li>\n<li>where the previous application was withdrawn or deemed to have been withdrawn under the 2015 Act or, as the case may be, the Act of 1996, a written explanation of the circumstances giving rise to the withdrawal or deemed withdrawal,<\/li>\n<li>where the person concerned was deemed, for the purposes of his or her previous application, to be a person to whom non-cooperation provisions\u00a0 applied, a written explanation of the circumstances giving rise to the application to him or her<\/li>\n<li>all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to international protection, and<\/li>\n<li>a written statement drawing to the Minister\u2019s attention any new elements or findings, which have arisen since the determination of the previous application concerned, relating to the examination of whether the person is entitled to international protection.<\/li>\n<\/ul>\n<p>The Minister shall, as soon as practicable after receipt by him or her give or cause to be given to the person concerned a statement in writing specifying in a language that the person may reasonably be supposed to understand\u2014<\/p>\n<ul>\n<li>the procedures that are to be followed<\/li>\n<li>the entitlement of the person to communicate with the High Commissioner,<\/li>\n<li>the duty of the person to co-operate with the Minister and to furnish information relevant to his or her request, and<\/li>\n<li>such other information as the Minister considers necessary to inform the person of the effect of the provisions, and of any other relevant provision of the 2015 Act and regulations made under it.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Recommendation\"><\/span>Recommendation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An international protection officer shall recommend to the Minister that the Minister give his or her consent to the making of a subsequent application where, following a preliminary examination of an application the officer is satisfied that\u2014<\/p>\n<ul>\n<li>since the determination of the previous application concerned, new elements or findings have arisen or have been presented by the person which make it significantly more likely that the person will qualify for international protection, and the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application, or<\/li>\n<li>where the previous application concerned was one to which provisions\u00a0 applies, the person was, at the time of the withdrawal or deemed withdrawal, through no fault of the person, incapable of pursuing his or her previous application.<\/li>\n<\/ul>\n<p>An international protection officer shall recommend to the Minister that the Minister refuse to give his or her consent to the making of a subsequent application where, following a preliminary examination the officer is satisfied that neither paragraph (a) applies in respect of the person.<\/p>\n<p>Where an international protection officer makes a recommendation, the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include a statement\u2014<\/p>\n<ul>\n<li>of the reasons for the recommendation, and<\/li>\n<li>informing the person concerned of\u00a0 his\u00a0 or\u00a0 her\u00a0 entitlement\u00a0 to appeal to the Tribunal against the recommendation.<\/li>\n<\/ul>\n<p>The Minister shall notify the High Commissioner of a recommendation.<\/p>\n<p>The Tribunal shall consider the following\u2014<\/p>\n<ul>\n<li>the notice of appeal,<\/li>\n<li>all material furnished to the Tribunal by the Minister that is relevant to the recommendation concerned,<\/li>\n<li>any observations made to the Tribunal by the Minister or the High Commissioner, and<\/li>\n<li>such other matters as the Tribunal considers relevant to the appeal.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Report_in_relation_to_the_health_of_applicant\"><\/span>Report in relation to the health of applicant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where, in the performance by the Minister or an international protection officer of his or her functions under the 2015 Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Minister or international protection officer, as the case may be, may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.<\/p>\n<p>Where, in the performance by the Tribunal of its functions in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Tribunal may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.<\/p>\n<p>The Minister shall establish a panel of registered medical practitioners who, in the opinion of the Minister, possess the qualifications and experience necessary for the performance of the functions of a nominated registered medical practitioner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Examination_to_determine_age_of_unaccompanied_person\"><\/span>Examination to determine age of unaccompanied person.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister, or an international protection officer, where he or she, with reasonable cause, considers it necessary to do so for the purposes of determining whether an applicant has not attained the age of 18 years, may arrange for the use of an examination to determine the age of the applicant.<\/p>\n<p>An examination shall be\u2014<\/p>\n<ul>\n<li>performed with full respect for the applicant\u2019s dignity,<\/li>\n<li>consistent with the need to achieve a reliable result, the least invasive examination possible, and<\/li>\n<li>where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Examination_Issues\"><\/span>Examination Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An examination\u00a0 shall not be carried out without the consent of\u2014<\/p>\n<ul>\n<li>the applicant concerned, or<\/li>\n<li>one of the following: an adult who is taking responsibility for the care and protection of the applicant; or an employee or other person appointed by the Child and Family Agency<\/li>\n<\/ul>\n<p>The Minister or international protection officer, as the case may be, shall ensure that an applicant is informed, prior to the international protection officer\u2019s examination of the application, in a language which the applicant may reasonably be supposed to understand, of\u2014<\/p>\n<ul>\n<li>the possibility that the age of the applicant may be determined by examination.<\/li>\n<li>the method or methods to be used in the examination<\/li>\n<li>the possible consequences of the result of the examination for the examination by the international protection officer of the application, and<\/li>\n<li>the consequences of refusal on the part of the applicant to undergo the examination.<\/li>\n<\/ul>\n<p>The consequences referred that the Minister or international protection officer may proceed to determine, for the purposes of the 2015 Act and in the absence of an examination whether the applicant has not attained the age of 18 years.<\/p>\n<p>The best interests of the child shall be a primary consideration in the application of these provisions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protection_of_identity_of_applicant\"><\/span>Protection of identity of applicant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.<\/p>\n<p>A person shall not, without the consent of the applicant, publish in a written publication available to the public or broadcast, or cause to be so published or broadcast, information likely to lead members of the public to identify a person as an applicant.<\/p>\n<p>If any matter is published or broadcast in contravention, persons responsible are guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment of 12 months or both.<\/p>\n<p><!--nextpage--><\/p>\n<h2>INTERNATIONAL PROTECTION ACT<\/h2>\n<p>of 2016), in effect as per reg. 1(2).<\/p>\n<p>Section 21<\/p>\n<h4>Inadmissible application<\/h4>\n<p>21. (1) F10[Subject to subsection (1A), a person] may not make an application for international protection where the application is, under subsection (2), inadmissible.<\/p>\n<p>F11[(1A) Subsection (1) shall not apply to a person who is deemed under section 50A(4) or 51C(5), as the case may be, to have made an application for international protection in accordance with section 15.]<\/p>\n<p>(2) An application for international protection is inadmissible where one or more than one of the following circumstances applies in relation to the person who is the subject of the application:<\/p>\n<p>(a) another Member State has granted refugee status or subsidiary protection status to the person;<\/p>\n<p>(b) a country other than a Member State is, in accordance with subsection (15), a first country of asylum for F10[person;]<\/p>\n<p>F11[(c) the person arrived in the State from a safe third country that is, in accordance with subsection (17), a safe country for the person.]<\/p>\n<p>(3) Where an international protection officer is of the opinion that an application for international protection is inadmissible, he or she shall recommend to the Minister that the application be determined to be inadmissible.<\/p>\n<p>(4) Where an international protection officer makes a recommendation under subsection (3) \u2014<\/p>\n<p>(a) he or she shall prepare a report in writing, which shall include the reasons for the recommendation, and<\/p>\n<p>(b) the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include\u2014<\/p>\n<p>(i) a statement of the reasons for the recommendation,<\/p>\n<p>(ii) a copy of the report referred to in paragraph (a),<\/p>\n<p>(iii) a statement informing the person of his or her entitlement under subsection (6) to appeal to the Tribunal against the recommendation, and<\/p>\n<p>(iv) where applicable, a statement of the effect of subsection (13).<\/p>\n<p>(5) The Minister shall notify the High Commissioner of a recommendation under subsection (3).<\/p>\n<p>(6) A person to whom a notification under subsection (4) is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.<\/p>\n<p>(7) Sections 41, 44, 45 and 46(8) shall apply to an appeal under subsection (6) subject to the following modifications, and any other necessary modifications:<\/p>\n<p>(a) the Tribunal shall make its decision without an oral hearing;<\/p>\n<p>(b) a reference in section 44 to the documents given under section 40 to an applicant shall be construed as a reference to the notification given to the person concerned under subsection (4).<\/p>\n<p>(8) Before reaching a decision on an appeal under subsection (6), the Tribunal shall consider the following\u2014<\/p>\n<p>(a) the notice of appeal,<\/p>\n<p>(b) all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the application for international protection concerned is admissible,<\/p>\n<p>(c) any observations made to the Tribunal by the Minister or the High Commissioner, and<\/p>\n<p>(d) such other matters as the Tribunal considers relevant to the appeal.<\/p>\n<p>(9) In relation to an appeal under subsection (6), the Tribunal may decide to\u2014<\/p>\n<p>(a) affirm the recommendation of the international protection officer, or<\/p>\n<p>(b) set aside the recommendation of the international protection officer.<\/p>\n<p>(10) The decision of the Tribunal on an appeal under subsection (6) and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.<\/p>\n<p>(11) Where a recommendation is made under subsection (3), and\u2014<\/p>\n<p>(a) the person concerned does not appeal under subsection (6) against the recommendation, or<\/p>\n<p>(b) the Tribunal, under subsection (9), affirms the recommendation,<\/p>\n<p>the Minister shall determine the application to be inadmissible.<\/p>\n<p>(12) Where the Minister determines an application to be inadmissible, he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the determination and of the reasons for it, which notification shall, where applicable, include a statement of the effect of subsection (13).<\/p>\n<p>(13) Where an application for international protection that is purported to have been made under section 15 is determined under subsection (11) to be inadmissible\u2014<\/p>\n<p>(a) any examination of the application shall be terminated, and<\/p>\n<p>(b) the report referred to in section 39 shall not be prepared.<\/p>\n<p>(14) A notification under subsections (4)(b) and (12) 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>(15) For the purposes of this section, a country is a first country of asylum for a person if he or she\u2014<\/p>\n<p>(a) (i) has been recognised in that country as a refugee and can still avail himself or herself of that protection, or<\/p>\n<p>(ii) otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement,<\/p>\n<p>and<\/p>\n<p>(b) will be re-admitted to that country.<\/p>\n<p>(16) In this section, \u201crefugee status\u201d and \u201csubsidiary protection status\u201d shall be construed in accordance with Article 2 of Council Directive 2004\/83\/EC2.<\/p>\n<p>F11[(17) For the purposes of this section, a safe third country is a safe country for a person if he or she\u2014<\/p>\n<p>(a) having regard to the matters referred to in subsection (18), has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,<\/p>\n<p>(b) will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or punishment, and<\/p>\n<p>(c) will be re-admitted to the country concerned.<\/p>\n<p>(18) For the purposes of subsection (17)(a), the matters to which regard shall be had include (but are not limited to) the following:<\/p>\n<p>(a) the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;<\/p>\n<p>(b) any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;<\/p>\n<p>(c) the presence in the country concerned of any family members, relatives or other family relations of the person concerned;<\/p>\n<p>(d) the nature and extent of any cultural connections between the person concerned and the country concerned.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nSubstituted (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. 119(a), (c)(i), S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>F11<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. 119(b), (c)(ii), (d), S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>2 O.J. No. L304, 30.09.2004, p.12.<\/p>\n<p>Section 22<\/p>\n<h4>Subsequent application<\/h4>\n<p>22. (1) A person shall not make a subsequent application without the consent of the Minister, given under this section.<\/p>\n<p>(2) An application for the consent referred to in subsection (1) shall include\u2014<\/p>\n<p>(a) a written statement of the reasons why the person concerned considers that the consent of the Minister should be given,<\/p>\n<p>(b) where the previous application was withdrawn or deemed to have been withdrawn under this Act or, as the case may be, the Act of 1996, a written explanation of the circumstances giving rise to the withdrawal or deemed withdrawal,<\/p>\n<p>(c) where the person concerned was deemed, for the purposes of his or her previous application, to be a person to whom section 38(5) applied, a written explanation of the circumstances giving rise to the application to him or her of that subsection,<\/p>\n<p>(d) all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to international protection, and<\/p>\n<p>(e) a written statement drawing to the Minister\u2019s attention any new elements or findings, which have arisen since the determination of the previous application concerned, relating to the examination of whether the person is entitled to international protection.<\/p>\n<p>(3) The Minister shall, as soon as practicable after receipt by him or her of an application under subsection (2), give or cause to be given to the person concerned a statement in writing specifying in a language that the person may reasonably be supposed to understand\u2014<\/p>\n<p>(a) the procedures that are to be followed for the purposes of this section,<\/p>\n<p>(b) the entitlement of the person to communicate with the High Commissioner,<\/p>\n<p>(c) the duty of the person to co-operate with the Minister and to furnish information relevant to his or her request, and<\/p>\n<p>(d) such other information as the Minister considers necessary to inform the person of the effect of this section, and of any other relevant provision of this Act and regulations made under it.<\/p>\n<p>(4) An international protection officer shall recommend to the Minister that the Minister give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection (2), the officer is satisfied that\u2014<\/p>\n<p>(a) since the determination of the previous application concerned, new elements or findings have arisen or have been presented by the person which make it significantly more likely that the person will qualify for international protection, and the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application, or<\/p>\n<p>(b) where the previous application concerned was one to which subsection (2)(b) applies, the person was, at the time of the withdrawal or deemed withdrawal, through no fault of the person, incapable of pursuing his or her previous application.<\/p>\n<p>(5) An international protection officer shall recommend to the Minister that the Minister refuse to give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection (2), the officer is satisfied that neither paragraph (a) nor (b) of subsection (4) applies in respect of the person.<\/p>\n<p>(6) Where an international protection officer makes a recommendation under subsection (5), the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include a statement\u2014<\/p>\n<p>(a) of the reasons for the recommendation, and<\/p>\n<p>(b) informing the person concerned of his or her entitlement under subsection (8) to appeal to the Tribunal against the recommendation.<\/p>\n<p>(7) The Minister shall notify the High Commissioner of a recommendation under subsection (5).<\/p>\n<p>(8) A person to whom a notification under subsection (6) is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.<\/p>\n<p>(9) Sections 41, 44, 45 and 46(8) shall apply to an appeal under subsection (8), subject to the following modifications, and any other necessary modifications:<\/p>\n<p>(a) the Tribunal shall make its decision without an oral hearing;<\/p>\n<p>(b) a reference in section 44 to the documents given to the applicant under section 40 shall be construed as a reference to the notification given to the applicant under subsection (6).<\/p>\n<p>(10) Before reaching a decision on an appeal under subsection (8), the Tribunal shall consider the following\u2014<\/p>\n<p>(a) the notice of appeal,<\/p>\n<p>(b) all material furnished to the Tribunal by the Minister that is relevant to the recommendation concerned,<\/p>\n<p>(c) any observations made to the Tribunal by the Minister or the High Commissioner, and<\/p>\n<p>(d) such other matters as the Tribunal considers relevant to the appeal.<\/p>\n<p>(11) In relation to an appeal under subsection (8), the Tribunal may decide to\u2014<\/p>\n<p>(a) affirm the recommendation of the international protection officer, or<\/p>\n<p>(b) set aside the recommendation of the international protection officer.<\/p>\n<p>(12) The decision of the Tribunal on an appeal under subsection (8) and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.<\/p>\n<p>(13) Where\u2014<\/p>\n<p>(a) an international protection officer makes a recommendation under subsection (4), or<\/p>\n<p>(b) the Tribunal, under subsection (11), sets aside a recommendation under subsection (5),<\/p>\n<p>the Minister shall give his or her consent to the making of a subsequent application by the person concerned.<\/p>\n<p>(14) Where the Minister gives his or her consent under subsection (13) \u2014<\/p>\n<p>(a) he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of that fact, and<\/p>\n<p>(b) the person concerned shall be entitled, within 10 working days of the sending of the notification under paragraph (a), to make a subsequent application.<\/p>\n<p>(15) Where a recommendation is made under subsection (5) and\u2014<\/p>\n<p>(a) the person concerned does not appeal under subsection (8) against the recommendation, or<\/p>\n<p>(b) the Tribunal, under subsection (11), affirms the recommendation,<\/p>\n<p>the Minister shall refuse to give his or her consent to the making of a subsequent application by the person concerned.<\/p>\n<p>(16) Where a subsequent application is purported to have been made under section 15 and the Minister has not given his or her consent under this section to the making of the application\u2014<\/p>\n<p>(a) any examination of the application shall be terminated, and<\/p>\n<p>(b) the report referred to in section 39 shall not be prepared.<\/p>\n<p>(17) A notification referred to in subsection (6) or (14) shall be in a language that the person 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>(18) In this section\u2014<\/p>\n<p>\u201cprevious application\u201d means, in relation to a person\u2014<\/p>\n<p>(a) an application for international protection made by the person under this Act, in respect of which the Minister has, under section 47, refused to give a refugee declaration, or<\/p>\n<p>(b) an application made by the person under section 8 of the Act of 1996, in respect of which the Minister has, under section 17 of that Act, refused to give a declaration,<\/p>\n<p>and includes any appeal made in relation to the application;<\/p>\n<p>\u201csubsequent application\u201d means an application for international protection made by a person who has made a previous application.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C8<br \/>\nApplication of section restricted (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 13(2), 14(2).<\/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>Certain persons taken back under EU Regulation<\/p>\n<p>13. &#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, and subject to Regulation 15, 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.<\/p>\n<p>&#8230;<\/p>\n<p>Subsidiary protection applicant to whom Article 18(1)(c) applies<\/p>\n<p>14. &#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, and subject to Regulation 15, 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.<\/p>\n<p>&#8230;<\/p>\n<p>Section 23<\/p>\n<h4>Report in relation to the health of applicant<\/h4>\n<p>23. (1) Where, in the performance by the Minister or an international protection officer of his or her functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Minister or international protection officer, as the case may be, may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.<\/p>\n<p>(2) Where, in the performance by the Tribunal of its functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Tribunal may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.<\/p>\n<p>(3) The Minister shall establish a panel of registered medical practitioners who, in the opinion of the Minister, possess the qualifications and experience necessary for the performance of the functions of a nominated registered medical practitioner under this section.<\/p>\n<p>(4) In this section, \u201cnominated registered medical practitioner\u201d means a registered medical practitioner who is a member of the panel established under subsection (3).<\/p>\n<p>Section 24<\/p>\n<h4>Examination to determine age of unaccompanied person<\/h4>\n<p>24. (1) The Minister, or an international protection officer, where he or she, with reasonable cause, considers it necessary to do so for the purposes of determining whether an applicant referred to in section 15(4) has not attained the age of 18 years, may, subject to this section, arrange for the use of an examination to determine the age of the applicant.<\/p>\n<p>(2) An examination under subsection (1) shall be\u2014<\/p>\n<p>(a) performed with full respect for the applicant\u2019s dignity,<\/p>\n<p>(b) consistent with the need to achieve a reliable result, the least invasive examination possible, and<\/p>\n<p>(c) where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.<\/p>\n<p>(3) An examination under subsection (1) shall not be carried out without the consent of\u2014<\/p>\n<p>(a) the applicant concerned, or<\/p>\n<p>(b) one of the following:<\/p>\n<p>(i) an adult who is taking responsibility for the care and protection of the applicant; or<\/p>\n<p>(ii) an employee or other person appointed by the Child and Family Agency under section 15(4).<\/p>\n<p>(4) The Minister or international protection officer, as the case may be, shall ensure that an applicant referred to in section 15(4) is informed, prior to the international protection officer\u2019s examination of the application, in a language which the applicant may reasonably be supposed to understand, of\u2014<\/p>\n<p>(a) the possibility that the age of the applicant may be determined by examination under subsection (1),<\/p>\n<p>(b) the method or methods to be used in the examination under subsection (1),<\/p>\n<p>(c) the possible consequences of the result of the examination under subsection (1) for the examination by the international protection officer of the application, and<\/p>\n<p>(d) the consequences of refusal on the part of the applicant to undergo the examination.<\/p>\n<p>(5) The consequences referred to in subsection (4)(d) are that the Minister or international protection officer may proceed to determine, for the purposes of this Act and in the absence of an examination under subsection (1), whether the applicant has not attained the age of 18 years.<\/p>\n<p>(6) The best interests of the child shall be a primary consideration in the application of this section.<\/p>\n<p>(7) For the purposes of subsection (1), the Minister or international protection officer shall be considered to have reasonable cause where he or she considers that, on the basis of general statements or other relevant indications, there are reasons to have doubts in relation to the age of the applicant concerned.<\/p>\n<p>Section 25<\/p>\n<h4>Examination to determine age for purposes of subsection (7) of section 20<\/h4>\n<p>25. (1) For the purposes of paragraph (b) of subsection (7) of section 20, the Minister may arrange for the carrying out of an examination (in this section referred to as an \u201cexamination\u201d) in order to determine the age of a person.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na or an immigration officer who has formed a belief to which paragraph (b) of subsection (7) of section 20 applies may request the Minister to make an arrangement under subsection (1) and the Minister shall, upon receipt of such request make such an arrangement.<\/p>\n<p>(3) The Minister shall ensure that a person in respect of whom it is proposed to make an arrangement under subsection (1) is informed, prior to the examination concerned, in a language that the applicant may reasonably be supposed to understand, of\u2014<\/p>\n<p>(a) the possibility that the age of the applicant may be determined by an examination,<\/p>\n<p>(b) the method or methods to be used in the examination, and<\/p>\n<p>(c) the consequences of refusal on the part of the applicant to undergo the examination.<\/p>\n<p>(4) An examination under subsection (1) shall not be carried out without the consent of\u2014<\/p>\n<p>(a) the applicant concerned, or<\/p>\n<p>(b) one of the following:<\/p>\n<p>(i) an adult who is taking responsibility for the care and protection of the person; or<\/p>\n<p>(ii) an employee or other person appointed by the Child and Family Agency under subsection (4) of section 15.<\/p>\n<p>(5) An examination under subsection (1) shall be\u2014<\/p>\n<p>(a) performed with full respect for the person\u2019s dignity,<\/p>\n<p>(b) consistent with the need to achieve a reliable result, the least invasive examination possible, and<\/p>\n<p>(c) where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.<\/p>\n<p>(6) The best interests of the child shall be a primary consideration in the application of this section.<\/p>\n<p>Section 26<\/p>\n<h4>Protection of identity of applicant<\/h4>\n<p>26. (1) The Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.<\/p>\n<p>(2) A person shall not, without the consent of the applicant, publish in a written publication available to the public or broadcast, or cause to be so published or broadcast, information likely to lead members of the public to identify a person as an applicant.<\/p>\n<p>(3) If any matter is published or broadcast in contravention of subsection (2), the following persons shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment of 12 months or both:<\/p>\n<p>(a) in the case of a publication in a newspaper or periodical, the proprietor, the editor and the publisher of the newspaper or periodical;<\/p>\n<p>(b) in the case of any other publication, the person who publishes it;<\/p>\n<p>(c) in the case of matter that is a programme that is broadcast, any person who transmits or provides that programme in which the broadcast is made, and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;<\/p>\n<p>(d) in the case of matter that is broadcast but is not a programme, the person responsible for broadcasting the matter and any person having functions in relation to the website or other medium of communications corresponding to those of the editor of a newspaper.<\/p>\n<p>(4) Where a person is charged with an offence under subsection (3), it shall be a defence to prove that at the time of the alleged offence he or she was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is referred to in subsection (2).<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201capplicant\u201d means a person who is or has been an applicant\u2014<\/p>\n<p>(a) under this Act, or<\/p>\n<p>(b) within the meaning of the Act of 1996,Regulation 4 of the Regulations of 2006 or the Regulations of 2013;<\/p>\n<p>\u201cbroadcast\u201d means the transmission, relaying or distribution by wireless telegraphy or cable of communications, sounds, signs, visual images or signals intended for direct reception by the general public, whether such communications, sounds, signs, visual images or signals are actually received or not, and includes the publication of such communications, sounds, signs, visual images or signals through the medium of the internet;<\/p>\n<p>\u201cwritten publication\u201d includes a film, a sound track and any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nA class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22421\" data-postid=\"22421\" class=\"themify_builder_content themify_builder_content-22421 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Inadmissible Application A person may not make an application for international protection where the application is, inadmissible. 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