{"id":22435,"date":"2023-08-04T22:36:50","date_gmt":"2023-08-04T22:36:50","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22435"},"modified":"2024-04-14T21:44:04","modified_gmt":"2024-04-14T21:44:04","slug":"preliminary-steps","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/preliminary-steps\/","title":{"rendered":"Preliminary Steps"},"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\/preliminary-steps\/#Preliminary_interview\" title=\"Preliminary interview\">Preliminary interview<\/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\/preliminary-steps\/#Purpose_of_Interview\" title=\"Purpose of Interview\">Purpose of Interview<\/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\/preliminary-steps\/#Unaccompanied_child\" title=\"Unaccompanied child\">Unaccompanied child<\/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\/preliminary-steps\/#Application_for_international_protection\" title=\"Application for international protection\">Application for international protection<\/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\/preliminary-steps\/#Application_Procedure\" title=\"Application Procedure\">Application Procedure<\/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\/preliminary-steps\/#Permission_to_enter_and_remain_in_the_State\" title=\"Permission to enter and remain in the State\">Permission to enter and remain in the State<\/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\/preliminary-steps\/#Temporary_residence_certificate\" title=\"Temporary residence certificate\">Temporary residence certificate<\/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\/preliminary-steps\/#Statement_to_be_given_to_applicant\" title=\"Statement to be given to applicant.\">Statement to be given to applicant.<\/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\/preliminary-steps\/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\/preliminary-steps\/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\/preliminary-steps\/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\/preliminary-steps\/2\/#Application_for_International_Protection\" title=\"Application for International Protection\">Application for International Protection<\/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\/preliminary-steps\/2\/#Preliminary_interview-2\" title=\"Preliminary interview\">Preliminary interview<\/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\/preliminary-steps\/2\/#Unaccompanied_child_seeking_international_protection\" title=\"Unaccompanied child seeking international protection\">Unaccompanied child seeking international protection<\/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\/preliminary-steps\/2\/#Application_for_international_protection-2\" title=\"Application for international protection\">Application for international protection<\/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\/preliminary-steps\/2\/#Permission_to_enter_and_remain_in_the_State-2\" title=\"Permission to enter and remain in the State\">Permission to enter and remain in the State<\/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\/preliminary-steps\/2\/#Temporary_residence_certificate-2\" title=\"Temporary residence certificate\">Temporary residence certificate<\/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\/preliminary-steps\/2\/#Statement_to_be_given_to_applicant-2\" title=\"Statement to be given to applicant\">Statement to be given to applicant<\/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\/preliminary-steps\/2\/#Taking_of_fingerprints\" title=\"Taking of fingerprints\">Taking of fingerprints<\/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\/preliminary-steps\/2\/#Detention_of_applicant\" title=\"Detention of applicant\">Detention of applicant<\/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\/preliminary-steps\/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-22\" href=\"https:\/\/legalblog.ie\/preliminary-steps\/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-23\" href=\"https:\/\/legalblog.ie\/preliminary-steps\/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-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/preliminary-steps\/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-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/preliminary-steps\/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-26\" href=\"https:\/\/legalblog.ie\/preliminary-steps\/2\/#Protection_of_identity_of_applicant\" 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=\"Preliminary_interview\"><\/span>Preliminary interview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she\u2014<\/p>\n<ul>\n<li>wishes to make an application for international protection,<\/li>\n<li>is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or<\/li>\n<li>fears or faces persecution or serious harm if returned to his or her country of origin,<\/li>\n<\/ul>\n<p>shall be interviewed by an officer of the Minister or an immigration officer at such time as may be specified by the officer concerned and the person shall make himself or herself available for such interview at the time or times so specified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Purpose_of_Interview\"><\/span>Purpose of Interview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A preliminary interview shall be conducted so as to establish, among other things\u2014<\/p>\n<ul>\n<li>whether the person wishes to make an application for international protection and, if he or she does so wish, the general grounds on which the application is based,<\/li>\n<li>the identity of the person,<\/li>\n<li>the nationality of the person,<\/li>\n<li>the country of origin of the person,<\/li>\n<li>the route travelled by the person to the State, the means of transport used and details of any person who assisted the person in travelling to the State,<\/li>\n<li>the reason why the person came to the State,<\/li>\n<li>the legal basis for the entry into or presence in the State of the person, and<\/li>\n<li>whether any of the circumstances referred to may apply.<\/li>\n<\/ul>\n<p>A preliminary interview shall, where necessary to ensure appropriate communication between the person and the person who conducts the interview, be conducted with the assistance of an interpreter.<\/p>\n<p>A record of a preliminary interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the preliminary interview was conducted by an immigration officer who is not an officer of the Minister, to the Minister.\u00a0The Minister shall furnish a copy of the record of a preliminary interview to the High Commissioner whenever requested in writing by the High Commissioner to do so.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unaccompanied_child\"><\/span>Unaccompanied child<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where it appears to an officer that a person seeking to make an application for international protection, or who is the subject of a preliminary interview, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify the Child and Family Agency of that fact.<\/p>\n<p>After the notification, it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_for_international_protection\"><\/span>Application for international protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who has attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection\u2014<\/p>\n<ul>\n<li>on his or her own behalf, or<\/li>\n<li>on behalf of another person who has not attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully), where the person who has attained the age of 18 years is taking responsibility for the care and protection of the person who has not attained the age of 18 years.<\/li>\n<\/ul>\n<p>An application for international protection shall be made in person and shall be made to the Minister. A person who makes an application above shall be deemed to also have made an application for international protection on behalf of his or her dependent child where the child is not an Irish citizen and\u2014<\/p>\n<ul>\n<li>at the time of the making of the application by the person, is present in the State and has not attained the age of 18 years,<\/li>\n<li>is born in the State while the person is an applicant, or<\/li>\n<li>not having attained the age of 18 years, enters the State while the person is an applicant.<\/li>\n<\/ul>\n<p>Where it appears to the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years (referred to as a \u201cchild\u201d) in respect of whom the Agency is providing care and protection, it shall arrange for the appointment of an employee of the Agency or such other person as it may determine to make such an application on behalf of the child and to represent and assist the child with respect to the examination of the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application_Procedure\"><\/span>Application Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application for international protection shall be made in the prescribed form and shall include\u2014<\/p>\n<ul>\n<li>all details of the grounds for the application, and<\/li>\n<li>all information that would, be relevant to the decision of the Minister<\/li>\n<\/ul>\n<p>The Minister shall notify the High Commissioner in writing of the making of an application for international protection and the notice shall include the name of the applicant, his or her country of origin and such other information as the Minister considers appropriate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Permission_to_enter_and_remain_in_the_State\"><\/span>Permission to enter and remain in the State<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An applicant shall be given, by or on behalf of the Minister, a permission that operates to allow the applicant to enter and remain or, as the case may be, to remain in the State for the sole purpose of the examination of his or her application, including any appeal to the Tribunal in relation to the application.<\/p>\n<p>A permission given shall be valid until the person to whom it is given ceases to be an applicant.<\/p>\n<p>An applicant shall\u2014<\/p>\n<ul>\n<li>not leave or attempt to leave the State without the consent of the Minister,<\/li>\n<li>not seek, enter or be in employment or engage for gain in any business, trade or profession,<\/li>\n<li>inform the Minister of his or her address and any change of address as soon as possible, and<\/li>\n<\/ul>\n<p>There are exceptions.<\/p>\n<p>He shall comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer:<\/p>\n<ul>\n<li>that he or she reside or remain in a specified district or place in the State;<\/li>\n<li>that he or she report at specified intervals to an immigration officer, or specified Garda S\u00edoch\u00e1na station.<\/li>\n<\/ul>\n<p>An immigration officer may, by notice in writing, withdraw a condition or vary it in a specified manner.<\/p>\n<p>An applicant who contravenes the above is to be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 1 month or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_residence_certificate\"><\/span>Temporary residence certificate<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall give or cause to be given to an applicant a temporary residence certificate<\/p>\n<p>A certificate shall be given to the applicant within 3 working days of the date on which he or she makes an application for international protection, or such an application is made or deemed to have been made, on his or her behalf.]<\/p>\n<p>A certificate shall contain\u2014<\/p>\n<ul>\n<li>the name of the applicant,<\/li>\n<li>a photograph of the applicant sufficient to identify him or her, and<\/li>\n<li>such other information as may be prescribed.<\/li>\n<\/ul>\n<p>A certificate remains the property of the Minister and the person to whom it is given shall surrender it when requested to do so by, or on behalf of, the Minister.<\/p>\n<p>A certificate shall be deemed to be a registration certificate for the purposes of the Immigration Act and an applicant to whom a certificate has been given shall, for so long as the certificate remains valid.<\/p>\n<p>A certificate ceases to be valid, and the applicant concerned shall return it to the Minister without delay, where the permission given to the applicant ceases, to be valid.<\/p>\n<p>A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of a certificate shall be guilty of an offence and liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months, or both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statement_to_be_given_to_applicant\"><\/span>Statement to be given to applicant.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister shall, as soon as practicable after receipt by him or her of an application, give or cause to be given to the applicant a statement in writing specifying, in a language that the applicant may reasonably be supposed to understand\u2014<\/p>\n<ul>\n<li>the procedures to be followed in the examination under the 2015 Act of applications for international protection,<\/li>\n<li>the entitlement of the applicant, for the purposes of his or her application, to consult a legal representative,<\/li>\n<li>the entitlement of the applicant under the 2015 Act to be provided with the services of an interpreter,<\/li>\n<li>the entitlement of the applicant to make, in writing to the Minister, submissions in relation to his or her application,<\/li>\n<li>the duty of the applicant to co-operate in relation to his or her application,<\/li>\n<li>the obligation of the applicant to comply with the requirements specified, and<\/li>\n<li>the possible consequences of the failure of the applicant to attend a personal interview, or to comply with the obligations referred to above.<\/li>\n<\/ul>\n<p>The Minister, shall, in inform the applicant of his or her entitlements and duties.<\/p>\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>PART 3<\/p>\n<h4>Application for International Protection<\/h4>\n<p>Section 13<\/p>\n<h4>Preliminary interview<\/h4>\n<p>13. (1) A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she\u2014<\/p>\n<p>(a) wishes to make an application for international protection,<\/p>\n<p>(b) is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or<\/p>\n<p>(c) fears or faces persecution or serious harm if returned to his or her country of origin,<\/p>\n<p>shall be interviewed by an officer of the Minister or an immigration officer at such time as may be specified by the officer concerned and the person shall make himself or herself available for such interview at the time or times so specified.<\/p>\n<p>(2) A preliminary interview shall be conducted so as to establish, among other things\u2014<\/p>\n<p>(a) whether the person wishes to make an application for international protection and, if he or she does so wish, the general grounds on which the application is based,<\/p>\n<p>(b) the identity of the person,<\/p>\n<p>(c) the nationality of the person,<\/p>\n<p>(d) the country of origin of the person,<\/p>\n<p>(e) the route travelled by the person to the State, the means of transport used and details of any person who assisted the person in travelling to the State,<\/p>\n<p>(f) the reason why the person came to the State,<\/p>\n<p>(g) the legal basis for the entry into or presence in the State of the person, and<\/p>\n<p>(h) whether any of the circumstances referred to in section 21(2) may apply.<\/p>\n<p>(3) A preliminary interview shall, where necessary to ensure appropriate communication between the person and the person who conducts the interview, be conducted with the assistance of an interpreter.<\/p>\n<p>(4) A record of a preliminary interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the preliminary interview was conducted by an immigration officer who is not an officer of the Minister, to the Minister.<\/p>\n<p>(5) The Minister shall furnish a copy of the record of a preliminary interview to the High Commissioner whenever requested in writing by the High Commissioner to do so.<\/p>\n<p>Section 14<\/p>\n<h4>Unaccompanied child seeking international protection<\/h4>\n<p>14. (1) Where it appears to an officer referred to in section 13 that a person seeking to make an application for international protection, or who is the subject of a preliminary interview, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify the Child and Family Agency of that fact.<\/p>\n<p>(2) After the notification referred to in subsection (1), it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly.<\/p>\n<p>Section 15<\/p>\n<h4>Application for international protection<\/h4>\n<p>15. (1) Subject to sections 21 and 22, a person who has attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection\u2014<\/p>\n<p>(a) on his or her own behalf, or<\/p>\n<p>(b) on behalf of another person who has not attained the age of 18 years and who is at the frontier of the State or who is in the State (whether lawfully or unlawfully), where the person who has attained the age of 18 years is taking responsibility for the care and protection of the person who has not attained the age of 18 years.<\/p>\n<p>(2) Subject to subsections (3) and (4), an application for international protection shall be made in person and shall be made to the Minister.<\/p>\n<p>(3) Subject to sections 21 and 22, a person who makes an application under subsection (1)(a) shall be deemed to also have made an application for international protection on behalf of his or her dependent child where the child is not an Irish citizen and\u2014<\/p>\n<p>(a) at the time of the making of the application by the person, is present in the State and has not attained the age of 18 years,<\/p>\n<p>(b) is born in the State while the person is an applicant, or<\/p>\n<p>(c) not having attained the age of 18 years, enters the State while the person is an applicant.<\/p>\n<p>(4) Subject to sections 21 and 22, where it appears to the Child and Family Agency, on the basis of information, including legal advice, available to it, that an application for international protection should be made on behalf of a person who has not attained the age of 18 years (in this subsection referred to as a \u201cchild\u201d) in respect of whom the Agency is providing care and protection, it shall arrange for the appointment of an employee of the Agency or such other person as it may determine to make such an application on behalf of the child and to represent and assist the child with respect to the examination of the application.<\/p>\n<p>(5) An application for international protection shall be made in the prescribed form and shall include\u2014<\/p>\n<p>(a) all details of the grounds for the application, and<\/p>\n<p>(b) all information that would, in the event that section 49, 50, 56 or 57 were to apply to the applicant, be relevant to the decision of the Minister under the section concerned.<\/p>\n<p>(6) The Minister shall notify the High Commissioner in writing of the making of an application for international protection and the notice shall include the name of the applicant, his or her country of origin and such other information as the Minister considers appropriate.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E16<br \/>\nPower pursuant to subs. (5) 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 16<\/p>\n<h4>Permission to enter and remain in the State<\/h4>\n<p>16. (1) An applicant shall be given, by or on behalf of the Minister, a permission that operates to allow the applicant to enter and remain or, as the case may be, to remain in the State for the sole purpose of the examination of his or her application, including any appeal to the Tribunal in relation to the application.<\/p>\n<p>(2) A permission given under subsection (1) shall be valid until the person to whom it is given ceases under section 2(2) to be an applicant.<\/p>\n<p>(3) Subject to subsection (6), an applicant shall\u2014<\/p>\n<p>(a) not leave or attempt to leave the State without the consent of the Minister,<\/p>\n<p>(b) not seek, enter or be in employment or engage for gain in any business, trade or profession,<\/p>\n<p>(c) inform the Minister of his or her address and any change of address as soon as possible, and<\/p>\n<p>(d) comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer:<\/p>\n<p>(i) that he or she reside or remain in a specified district or place in the State;<\/p>\n<p>(ii) that he or she report at specified intervals to\u2014<\/p>\n<p>(I) an immigration officer, or<\/p>\n<p>(II) a specified Garda S\u00edoch\u00e1na station.<\/p>\n<p>(4) An immigration officer may, by notice in writing, withdraw a condition referred to in subsection (3)(d) or vary it in a specified manner, and a reference in this Act to a condition imposed on an applicant under subsection (3)(d) shall be construed as including a reference to such a condition as varied under this subsection.<\/p>\n<p>(5) An applicant who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 1 month or both.<\/p>\n<p>(6) Paragraphs (a), (b) and (d) of subsection (3) and section 20 shall not apply to an applicant\u2014<\/p>\n<p>(a) to whom section 2(3) applies, or<\/p>\n<p>(b) who, were he or she not an applicant, would be entitled to remain in the State under any other enactment or rule of law.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 5(1) and sch. 3 ref. 7, not commenced as of date of revision, subject to transitional provisions in s. 24.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nProspective affecting provision: subs. (3)(d)(i) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 5(1) and sch. 3 ref. 7, not commenced as of date of revision, subject to transitional provisions in s. 24.<\/p>\n<p>(i) that he or she reside or remain in a specified F4[area] or place in the State;<\/p>\n<p>C5<br \/>\nSubss. (3), (4) and (5) applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 8(2)(a).<\/p>\n<p>Suspension of implementation of transfer decision pending outcome of appeal<\/p>\n<p>8. (1) An applicant who appeals under Regulation 6 shall, subject to paragraph (2), be entitled to remain in the State pending the outcome of the appeal.<\/p>\n<p>(2) The following provisions of the Act of 2015 shall apply to the entitlement of an applicant under paragraph (1) to remain in the State, as if the references to an applicant in those provisions was a reference to an applicant referred to in paragraph (1):<\/p>\n<p>(a) subsections (3), (4) and (5) of section 16;<\/p>\n<p>(b) section 19.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nA class D fine means a fine not greater than \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 17<\/p>\n<h4>Temporary residence certificate<\/h4>\n<p>17. (1) The Minister shall give or cause to be given to an applicant a temporary residence certificate (in this section referred to as a \u201ccertificate\u201d).<\/p>\n<p>F5[(1A) A certificate shall be given to the applicant within 3 working days of the date on which he or she makes an application for international protection in accordance with section 15, or such an application is made or deemed to have been made, on his or her behalf.]<\/p>\n<p>(2) A certificate shall contain\u2014<\/p>\n<p>(a) the name of the applicant,<\/p>\n<p>(b) a photograph of the applicant sufficient to identify him or her, and<\/p>\n<p>(c) such other information as may be prescribed.<\/p>\n<p>(3) A certificate remains the property of the Minister and the person to whom it is given shall surrender it when requested to do so by, or on behalf of, the Minister.<\/p>\n<p>(4) A certificate shall be deemed to be a registration certificate for the purposes of section 12 of the Act of 2004 and an applicant to whom a certificate has been given shall, for so long as the certificate remains valid, be deemed to have complied with section 9 of that Act.<\/p>\n<p>(5) A certificate ceases to be valid, and the applicant concerned shall return it to the Minister without delay, where the permission given to the applicant under section 16 ceases, under section 16(2), to be valid.<\/p>\n<p>(6) A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of, a certificate shall be guilty of an offence and liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months, or both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 29(a), in effect as per reg. 1(2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nPower pursuant to subs. (2)(c) 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>E19<br \/>\nA class C fine means a fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 18<\/p>\n<h4>Statement to be given to applicant<\/h4>\n<p>18. (1) The Minister shall, as soon as practicable after receipt by him or her of an application, give or cause to be given to the applicant a statement in writing specifying, in a language that the applicant may reasonably be supposed to understand\u2014<\/p>\n<p>(a) the procedures to be followed in the examination under this Act of applications for international protection,<\/p>\n<p>(b) the entitlement of the applicant, for the purposes of his or her application, to consult a legal representative,<\/p>\n<p>(c) the entitlement of the applicant under this Act to be provided with the services of an interpreter,<\/p>\n<p>(d) the entitlement of the applicant to make, in writing to the Minister, submissions in relation to his or her application,<\/p>\n<p>(e) the duty of the applicant under section 27 to co-operate in relation to his or her application,<\/p>\n<p>(f) the obligation of the applicant to comply with the requirements specified in section 16(3), and<\/p>\n<p>(g) the possible consequences of the failure of the applicant to attend a personal interview, or to comply with the obligations referred to in paragraphs (e) and (f), including the possibility of section 38(5) applying to the applicant.<\/p>\n<p>(2) The Minister, in giving or causing to be given a statement under subsection (1), shall, in addition, inform the applicant of his or her entitlements and duties under subsections (6) and (9) of section 49.<\/p>\n<p>Section 19<\/p>\n<h4>Taking of fingerprints<\/h4>\n<p>19. (1) Subject to subsection (2), a member of the Garda S\u00edoch\u00e1na, or an immigration officer may\u2014<\/p>\n<p>(a) for the purpose of establishing the identity of a person for any purpose of this Act, take or cause to be taken the fingerprints of F6[an applicant,]<\/p>\n<p>(b) for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause to be taken the fingerprints of a person who\u2014<\/p>\n<p>(i) is not a citizen of a Member State,<\/p>\n<p>(ii) has attained the age of 14 years, and<\/p>\n<p>(iii) not having permission, under any enactment or rule of law, to be present or remain in the State, has been F6[found in the State, or]<\/p>\n<p>F7[(c) for the purpose of establishing whether the circumstances referred to in section 21(2)(b) or (c) apply in relation to the person, take or cause to be taken the fingerprints of a person who is the subject of an application for international protection.]<\/p>\n<p>(2) Fingerprints shall not be taken under this section from a person who has not attained the age of 14 years, other than in the presence of\u2014<\/p>\n<p>(a) his or her parent, or another person who is taking responsibility for him or her, or<\/p>\n<p>(b) where applicable, a person appointed by the Child and Family Agency under section 15(4) to make an application on behalf of him or her.<\/p>\n<p>(3) If and for so long as the immigration officer or, as the case may be, member of the Garda S\u00edoch\u00e1na concerned has reasonable grounds for believing that the person has attained the age of 14 years, the provisions of subsection (2) shall apply as if he or she has attained the age of 14 years.<\/p>\n<p>(4) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) \u2014<\/p>\n<p>(a) shall be deemed, for the purposes of section 20(1)(c), not to have made reasonable efforts to establish his or her identity, and<\/p>\n<p>(b) shall be deemed to have failed to comply with the requirements of section 27(1).<\/p>\n<p>(5) The Commissioner of the Garda S\u00edoch\u00e1na shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).<\/p>\n<p>(6) Every fingerprint of an applicant taken pursuant to subsection (1) and kept under subsection (5) shall (if not earlier destroyed) be destroyed\u2014<\/p>\n<p>(a) not later than 3 months after the person from whom it was taken\u2014<\/p>\n<p>(i) is first given, under section 54, a permission to reside in the State, and complies with section 9(2) of the Act of 2004,<\/p>\n<p>(ii) becomes an Irish citizen, or<\/p>\n<p>(iii) satisfies the Minister that he or she has acquired the citizenship or nationality of a Member State,<\/p>\n<p>or<\/p>\n<p>(b) in any other case, not later than 10 years after the date on which it is taken.<\/p>\n<p>(7) In this section\u2014<\/p>\n<p>\u201cMember State\u201d includes a state that participates in the Dublin Regulation by virtue of an agreement between the state and the European Union.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<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. 118(a), (b), S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>F7<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. 118(c), S.I. No. 693 of 2020, subject to transitional provision in s. 116.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nSection applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 8(2)(b).<\/p>\n<p>Suspension of implementation of transfer decision pending outcome of appeal<\/p>\n<p>8. (1) An applicant who appeals under Regulation 6 shall, subject to paragraph (2), be entitled to remain in the State pending the outcome of the appeal.<\/p>\n<p>(2) The following provisions of the Act of 2015 shall apply to the entitlement of an applicant under paragraph (1) to remain in the State, as if the references to an applicant in those provisions was a reference to an applicant referred to in paragraph (1):<\/p>\n<p>(a) subsections (3), (4) and (5) of section 16;<\/p>\n<p>(b) section 19.<\/p>\n<p>Section 20<\/p>\n<h4>Detention of applicant<\/h4>\n<p>20. (1) An immigration officer or a member of the Garda S\u00edoch\u00e1na may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant\u2014<\/p>\n<p>(a) poses a threat to public security or public order in the State,<\/p>\n<p>(b) has committed a serious non-political crime outside the State,<\/p>\n<p>(c) has not made reasonable efforts to establish his or her identity,<\/p>\n<p>(d) intends to leave the State and without lawful authority enter another state,<\/p>\n<p>(e) has acted or intends to act in a manner that would undermine\u2014<\/p>\n<p>(i) the system for granting persons international protection in the State, or<\/p>\n<p>(ii) any arrangement relating to the Common Travel Area,<\/p>\n<p>or<\/p>\n<p>(f) without reasonable excuse\u2014<\/p>\n<p>(i) has destroyed his or her identity or travel document, or<\/p>\n<p>(ii) is or has been in possession of a forged, altered or substituted identity document,<\/p>\n<p>and an applicant so arrested may be taken to and detained in a prescribed place (in this section referred to as a \u201cplace of detention\u201d).<\/p>\n<p>(2) A person detained under subsection (1) shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.<\/p>\n<p>(3) Where a person is brought before a judge of the District Court under subsection (2), the judge may\u2014<\/p>\n<p>(a) subject to subsection (4), and if satisfied that one or more of the paragraphs of subsection (1) apply in relation to the person, commit the person concerned to a place of detention for a period not exceeding 21 days from the time of his or her detention, or<\/p>\n<p>(b) without prejudice to subsection (4), release the person and make such release subject to conditions, including conditions requiring him or her to\u2014<\/p>\n<p>(i) reside or remain in a specified district or place in the State,<\/p>\n<p>(ii) report at specified intervals to a specified Garda S\u00edoch\u00e1na station, or<\/p>\n<p>(iii) surrender any passport or other travel document that he or she holds.<\/p>\n<p>(4) If, at any time during the detention of a person under this section, an immigration officer or a member of the Garda S\u00edoch\u00e1na is of the opinion that none of the paragraphs of subsection (1) applies in relation to the person, the person shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and, if the judge is satisfied that none of the paragraphs of subsection (1) applies in relation to the person, the judge shall release the person.<\/p>\n<p>(5) Where a person is released from a place of detention subject to one or more of the conditions referred to in subsection (3)(b), a judge of the District Court assigned to the District Court district in which the person\u2019s dwelling place is situated may, on the application of the person, an immigration officer or a member of the Garda S\u00edoch\u00e1na, if the judge considers it appropriate to do so, vary, revoke or add a condition to the release, and a reference in this section to a condition referred to in subsection (3)(b) shall be construed as including a reference to such a condition as varied or added to under this subsection.<\/p>\n<p>(6) Subject to subsection (7), subsections (1) to (5) shall not apply to a person who has not attained the age of 18 years.<\/p>\n<p>(7) (a) Subsections (1), (2), (3), (4) and (5) shall apply to a person who has indicated that he or she has not attained the age of 18 years if and for so long as\u2014<\/p>\n<p>(i) not fewer than two members of the Garda S\u00edoch\u00e1na or two immigration officers, or<\/p>\n<p>(ii) a member of the Garda S\u00edoch\u00e1na and an immigration officer,<\/p>\n<p>on reasonable grounds, believe that the person has attained that age.<\/p>\n<p>(b) Subsections (1), (2), (3), (4) and (5) shall apply to a person who has indicated that he or she has not attained the age of 18 years\u2014<\/p>\n<p>(i) if and for so long as a member of the Garda S\u00edoch\u00e1na or an immigration officer on reasonable grounds, believes that the person has attained that age, and<\/p>\n<p>(ii) if\u2014<\/p>\n<p>(I) following the conduct of an examination under section 25, the person who conducted the examination is of the opinion that the person has attained that age, or<\/p>\n<p>(II) the person refuses to undergo such an examination.<\/p>\n<p>(8) Where an unmarried person who has not attained the age of 18 years is in the custody of another person (whether his or her parent or a person acting in loco parentis or any other person) and that other person is detained under the provisions of this section, the immigration officer or the member of the Garda S\u00edoch\u00e1na concerned shall, without delay, notify the Child and Family Agency of the detention and of the circumstances thereof.<\/p>\n<p>(9) A member of the Garda S\u00edoch\u00e1na may arrest without warrant and detain, in a place of detention, a person who, in the member\u2019s opinion, has failed to comply with a condition imposed by the District Court under subsection (3)(b).<\/p>\n<p>(10) A person detained under subsection (9) shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained, and subsections (3), (4) and (5) shall apply to such person detained under subsection (9) as they apply to a person detained under subsection (1), subject to the modifications that references in those subsections to the judge\u2019s being satisfied that one or more of the paragraphs of subsection (1) apply shall be construed as a reference to his or her being satisfied that the person has failed to comply with a condition referred to in subsection (3)(b), and any other necessary modifications.<\/p>\n<p>(11) If a judge of the District Court is satisfied in relation to a person brought before him or her under subsection (10) that the person has complied with the condition referred to in subsection (3)(b), the judge shall order the release of the person.<\/p>\n<p>(12) Where a person is detained under subsection (3) or (10), a judge of the District Court assigned to the District Court district in which the person is being detained may, if satisfied that one or more of the paragraphs of subsection (1) applies in relation to the person, commit the person for further periods (each period being a period not exceeding 21 days) pending the determination of the person\u2019s application for international protection.<\/p>\n<p>(13) (a) If, at any time during the detention of a person under this section, the person indicates a desire to leave the State, he or she shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.<\/p>\n<p>(b) The judge referred to in paragraph (a) shall, if satisfied that\u2014<\/p>\n<p>(i) the person does not wish to proceed with his or her application for international protection and wishes to leave the State, and<\/p>\n<p>(ii) the person has obtained, or has been given the opportunity of obtaining or being provided with, professional legal advice on the consequences of his or her decision not to proceed with his or her application for international protection,<\/p>\n<p>order the Minister to arrange for the removal of the person from the State, and may include in the order such ancillary or consequential provisions as he or she may determine.<\/p>\n<p>(c) On the making of the order referred to in paragraph (b), the person shall be deemed to have withdrawn his or her application for international protection or, as the case may be, appeal under section 41.<\/p>\n<p>(14) A person detained under this section is entitled to\u2014<\/p>\n<p>(a) consult a legal representative,<\/p>\n<p>F8[(aa) seek legal assistance and legal representation,<\/p>\n<p>(ab) be informed of\u2014<\/p>\n<p>(i) his or her entitlement referred to in paragraph (aa), and<\/p>\n<p>(ii) his or her right to make a complaint under Article 40.4.2 of the Constitution and the procedures for doing so,<\/p>\n<p>(ac) be given a copy of the warrant under which he or she is being detained,]<\/p>\n<p>(b) have notification of his or her detention, the place of his or her detention and every change in that place sent to the High Commissioner and to another person reasonably nominated by the detained person for that purpose, and<\/p>\n<p>(c) the assistance of an interpreter for the purpose of consultation with a legal representative under paragraph (a) and for the purpose of any appearance before a court under this section.<\/p>\n<p>(15) An immigration officer or, as the case may be, a member of the Garda S\u00edoch\u00e1na detaining a person under subsection (1) or (9) shall, without delay, inform the person or cause him or her to be informed, in a language that he or she may reasonably be supposed to understand\u2014<\/p>\n<p>(a) that he or she is being detained under this section,<\/p>\n<p>(b) that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released pending a determination of his or her application for international protection,<\/p>\n<p>(c) of his or her entitlements under subsection (14), and<\/p>\n<p>(d) that he or she is entitled to leave the State at any time during the period of his or her detention and, if he or she indicates a desire to do so, he or she shall, in accordance with subsection (13), be brought before a court as soon as practicable, and the court may make such orders as may be necessary for his or her removal from the State.<\/p>\n<p>(16) The immigration officer or, as the case may be, the member of the Garda S\u00edoch\u00e1na concerned shall also explain to a person detained under subsection (1) or (9), in a language that the person may reasonably be supposed to understand, that, if he or she does not wish to exercise a right specified in subsection (14) immediately, he or she shall not be precluded thereby from doing so later.<\/p>\n<p>(17) The immigration officer or, as the case may be, the member of the Garda S\u00edoch\u00e1na concerned, shall notify the Minister and, if the person detained has appealed under section 41, the Tribunal, of the detention or release of a person under this section.<\/p>\n<p>(18) The chief international protection officer or, as the case may be, the Tribunal, shall ensure that the examination of an application for international protection or the consideration of an appeal under section 41 of a person detained under subsection (1) or (9) shall be dealt with as soon as may be and, if necessary, before any such application or appeal of a person not so detained.<\/p>\n<p>(19) The Minister shall make regulations providing for the treatment of persons detained pursuant to this section.<\/p>\n<p>(20) In this section\u2014<\/p>\n<p>\u201carrangement relating to the Common Travel Area\u201d means an arrangement between the Government and the government of the United Kingdom of Great Britain and Northern Ireland relating to the lawful movement of persons between Common Travel Area territories;<\/p>\n<p>\u201cCommon Travel Area territory\u201d means the State, the United Kingdom, the Channel Islands or the Isle of Man;<\/p>\n<p>\u201csubstituted identity document\u201d means an identity document that does not relate to the person who is or has been in possession of the document and which the person in possession of the document has used or intends or intended to use for the purposes of establishing identity;<\/p>\n<p>\u201cUnited Kingdom\u201d means the United Kingdom of Great Britain and Northern Ireland.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nInserted (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 29(b), in effect as per reg. 1(2).<\/p>\n<p>F9<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 5(1) and sch. 3 ref. 7, subject to transitional provisions in s. 24, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C7<br \/>\nProspective affecting provision: subs. (3)(b)(i) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 5(1) and sch. 3 ref. 7, not commenced as of date of revision, subject to transitional provisions in s. 24.<\/p>\n<p>(i) reside or remain in a specified F4[area] or place in the State;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E20<br \/>\nPower pursuant to subs. (1) 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>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-22435\" data-postid=\"22435\" class=\"themify_builder_content themify_builder_content-22435 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Preliminary interview A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she\u2014 wishes to make an application for international protection, is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would [&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\/22435"}],"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=22435"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22435\/revisions"}],"predecessor-version":[{"id":35409,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22435\/revisions\/35409"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22435"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22435"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22435"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}