{"id":22438,"date":"2023-08-04T22:42:19","date_gmt":"2023-08-04T22:42:19","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22438"},"modified":"2024-04-14T22:45:51","modified_gmt":"2024-04-14T22:45:51","slug":"qualification-for-protections","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/qualification-for-protections\/","title":{"rendered":"Qualification for Protection"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/#Qualification_Criteria\" title=\"Qualification Criteria\">Qualification Criteria<\/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\/qualification-for-protections\/#Reasons_for_persecution\" title=\"Reasons for persecution\">Reasons for persecution<\/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\/qualification-for-protections\/#Cessation_of_refugee_status\" title=\"Cessation of refugee status\">Cessation of refugee status<\/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\/qualification-for-protections\/#Exclusion_from_being_a_refugee\" title=\"Exclusion from being a refugee.\">Exclusion from being a refugee.<\/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\/qualification-for-protections\/#Cessation_of_eligibility_for_subsidiary_protection\" title=\"Cessation of eligibility for subsidiary protection\">Cessation of eligibility for subsidiary protection<\/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\/qualification-for-protections\/#Exclusion_from_eligibility_for_subsidiary_protection\" title=\"Exclusion from eligibility for subsidiary protection\">Exclusion from eligibility for subsidiary protection<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#INTERNATIONAL_PROTECTION_ACT_2015\" title=\"INTERNATIONAL PROTECTION ACT 2015\">INTERNATIONAL PROTECTION ACT 2015<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#Interpretation\" title=\"Interpretation\">Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#Provisions_applicable_to_application_under_Regulation_4\" title=\"Provisions applicable to application under Regulation 4\">Provisions applicable to application under Regulation 4<\/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\/qualification-for-protections\/2\/#Acts_of_persecution\" title=\"Acts of persecution\">Acts of persecution<\/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\/qualification-for-protections\/2\/#Reasons_for_persecution-2\" title=\"Reasons for persecution\">Reasons for persecution<\/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\/qualification-for-protections\/2\/#Cessation_of_refugee_status-2\" title=\"Cessation of refugee status\">Cessation of refugee status<\/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\/qualification-for-protections\/2\/#Exclusion_from_being_a_refugee-2\" title=\"Exclusion from being a refugee\">Exclusion from being a refugee<\/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\/qualification-for-protections\/2\/#Cessation_of_eligibility_for_subsidiary_protection-2\" title=\"Cessation of eligibility for subsidiary protection\">Cessation of eligibility for subsidiary 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\/qualification-for-protections\/2\/#Exclusion_from_eligibility_for_subsidiary_protection-2\" title=\"Exclusion from eligibility for subsidiary protection\">Exclusion from eligibility for subsidiary protection<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#Text_of_1951_Convention_relating_to_the_Status_of_Refugees\" title=\"\nText of 1951 Convention relating to the Status of Refugees\">\nText of 1951 Convention relating to the Status of Refugees<\/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-18\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#GENERAL_PROVISIONS\" title=\"GENERAL PROVISIONS\">GENERAL PROVISIONS<\/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\/qualification-for-protections\/2\/#JURIDICAL_STATUS\" title=\"JURIDICAL STATUS\">JURIDICAL STATUS<\/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\/qualification-for-protections\/2\/#GAINFUL_EMPLOYMENT\" title=\"GAINFUL EMPLOYMENT\">GAINFUL EMPLOYMENT<\/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\/qualification-for-protections\/2\/#WELFARE\" title=\"WELFARE\">WELFARE<\/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\/qualification-for-protections\/2\/#ADMINISTRATIVE_MEASURES\" title=\"ADMINISTRATIVE MEASURES\">ADMINISTRATIVE MEASURES<\/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\/qualification-for-protections\/2\/#EXECUTORY_AND_TRANSITORY_PROVISIONS\" title=\"EXECUTORY AND TRANSITORY PROVISIONS\">EXECUTORY AND TRANSITORY PROVISIONS<\/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\/qualification-for-protections\/2\/#FINAL_CLAUSES\" title=\"FINAL CLAUSES\">FINAL CLAUSES<\/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\/qualification-for-protections\/2\/#TRAVEL_DOCUMENT\" title=\"TRAVEL DOCUMENT\">TRAVEL DOCUMENT<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/qualification-for-protections\/2\/#Text_of_1967_Protocol_relating_to_the_Status_of_Refugees\" title=\"Text of 1967 Protocol relating to the Status of Refugees\">Text of 1967 Protocol relating to the Status of Refugees<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Qualification_Criteria\"><\/span>Qualification Criteria<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Acts of persecution must be sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the core\u00a0 rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, or an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner.<\/p>\n<p>The following are examples of acts which may amount to acts of persecution.<\/p>\n<ul>\n<li>acts of physical or mental violence, including acts of sexual violence;<\/li>\n<li>legal, administrative, police or judicial measures, or a combination of these measures, which are in themselves discriminatory or are implemented in a discriminatory manner;<\/li>\n<li>prosecution or punishment that is disproportionate or discriminatory;<\/li>\n<li>denial of judicial redress resulting in a disproportionate or discriminatory punishment;<\/li>\n<li>prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts\u00a0 against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes, a serious non-political crime or contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.<\/li>\n<li>acts of a gender-specific or child-specific nature.<\/li>\n<\/ul>\n<p>For a person to be a \u201crefugee\u201d, there must be a connection between the reasons for persecution and the acts of persecution or the absence of protection.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reasons_for_persecution\"><\/span>Reasons for persecution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An international protection officer or the Tribunal, as the case may be, shall take the following into account when assessing the reasons for persecution:<\/p>\n<ul>\n<li>the concept of race shall in particular include considerations of colour, descent or membership of a particular ethnic group;<\/li>\n<li>the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;<\/li>\n<li>the concept of nationality shall not be confined to citizenship or lack thereof but shall in particular include membership of a group determined by its cultural, ethnic or linguistic identity, common geographical or political origins or its relationship with the population of another state;<\/li>\n<li>a group shall be considered to form a particular social group where in particular\u2014\n<ul>\n<li>members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, or<\/li>\n<li>that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society,<\/li>\n<li>and, depending on the circumstances in the country of origin, a particular social group may include a group based on a common characteristic of sexual orientation;<\/li>\n<\/ul>\n<\/li>\n<li>the concept of political opinion shall in particular include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant concerned.<\/li>\n<\/ul>\n<p>In the assessment of whether an applicant has a well-founded fear of being persecuted, it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.<\/p>\n<p>Sexual orientation shall not include acts considered to be criminal in the State. Gender related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cessation_of_refugee_status\"><\/span>Cessation of refugee status<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall cease to be a refugee if he or she\u2014<\/p>\n<ul>\n<li>has voluntarily re-availed himself or herself of the protection of the country of nationality,<\/li>\n<li>having lost his or her nationality, has voluntarily re-acquired it,<\/li>\n<li>has acquired a new nationality (other than as an Irish citizen), and enjoys the protection of the country of his or her new nationality,<\/li>\n<li>has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution,<\/li>\n<li>can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of his or her country of nationality, or<\/li>\n<li>being a stateless person, is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to his or her country of former habitual residence.<\/li>\n<\/ul>\n<p>In determining whether the last two circumstances apply, apply, regard shall be had to whether the change of circumstances is of such a significant and non-temporary nature that the person\u2019s fear of persecution can no longer be regarded as well-founded. They shall not apply to a refugee who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exclusion_from_being_a_refugee\"><\/span>Exclusion from being a refugee.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is excluded under the 2015 Act from being a refugee where he or she\u2014<\/p>\n<ul>\n<li>is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance, or<\/li>\n<li>is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.<\/li>\n<\/ul>\n<p>The first circumstance shall not apply to a person where the protection or assistance concerned has ceased for any reason, without the position of persons who had been receiving that protection or assistance being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations.<\/p>\n<p>A person is excluded from being a refugee where there are serious reasons for considering that he or she\u2014<\/p>\n<ul>\n<li>has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,<\/li>\n<li>has committed a serious non-political crime outside the State prior to his or her arrival in the State, or<\/li>\n<li>has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.<\/li>\n<\/ul>\n<p>A person is excluded from being a refugee where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of such a crime or an act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cessation_of_eligibility_for_subsidiary_protection\"><\/span>Cessation of eligibility for subsidiary protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall cease to be eligible for subsidiary protection when the circumstances which led to his or her eligibility for subsidiary protection have ceased to exist or have changed to such a degree that international protection is no longer required. Regard shall be had to whether the change of circumstances is of such a significant and non- temporary nature that the person no longer faces a real risk of serious harm.<\/p>\n<p>This shall not apply to a person eligible for subsidiary protection who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exclusion_from_eligibility_for_subsidiary_protection\"><\/span>Exclusion from eligibility for subsidiary protection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she\u2014<\/p>\n<ul>\n<li>has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,<\/li>\n<li>has committed a serious crime,<\/li>\n<li>has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or<\/li>\n<li>constitutes a danger to the community or to the security of the State.<\/li>\n<\/ul>\n<p>A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of such a crime or an act.<\/p>\n<p>A person is excluded from being eligible for subsidiary protection if he or she has, prior to his or her arrival in the State, committed a crime, not referred to above which, if committed in the State, would be punishable by imprisonment and if he or she left his or her country of origin solely in order to avoid sanctions resulting from that crime.<\/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>&nbsp;<\/p>\n<p>Section 5<br \/>\nService of documents<\/p>\n<p>5. F2[(1)] A notice or other document that is required or authorised by or under this Act to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address most recently furnished by him or her to the Minister under section 16(3)(c) or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to the person at the address most recently furnished by him or her to the Minister under section 16(3)(c) or, in a case in which an address for service has been furnished, F3[at that address;]<\/p>\n<p>F2[(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister, to a registration officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.]<\/p>\n<p>F2[(2) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection\u2014<\/p>\n<p>(a) if it is sent to an email address that the person has furnished to the Minister, to a registration officer or to the Tribunal for that purpose, or<\/p>\n<p>(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.<\/p>\n<p>(3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with\u2014<\/p>\n<p>(a) paragraph (c) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and<\/p>\n<p>(b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender\u2019s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>&#8220;electronic interface&#8221; means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;<\/p>\n<p>&#8220;registration officer&#8221; has the same meaning as it has in the Act of 2004.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 69(a), (c), (d), S.I. No. 389 of 2023, art. 3(k).<\/p>\n<p>F3<br \/>\nSubstituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18\/2023), s. 69(b), S.I. No. 389 of 2023, art. 3(k).<\/p>\n<p>Section 6<br \/>\nRepeals and revocations<\/p>\n<p>6. (1) Subject to Part 11, the Act of 1996 is repealed.<\/p>\n<p>(2) Subject to Part 11, the following enactments are revoked:<\/p>\n<p>(a) Dublin Convention (Implementation) Order 2000 (S.I. No. 343 of 2000);<\/p>\n<p>(b) Refugee Act 1996 (Places and Conditions of Detention) Regulations 2000 (S.I. No. 344 of 2000);<\/p>\n<p>(c) Refugee Act 1996 (Application Form) Regulations 2000 (S.I. No. 345 of 2000);<\/p>\n<p>(d) Refugee Act 1996 (Temporary Residence Certificate) Regulations 2000 (S.I. No. 346 of 2000);<\/p>\n<p>(e) Refugee Act 1996 (Travel Document) Regulations 2000 (S.I. No. 347 of 2000);<\/p>\n<p>(f) Refugee Act 1996 (Appeals) Regulations 2002 (S.I. No. 571 of 2002);<\/p>\n<p>(g) Refugee Act 1996 (Safe Countries of Origin) Order 2003 (S.I. No. 422 of 2003);<\/p>\n<p>(h) Refugee Act 1996 (Section 22) Order 2003 (S.I. No. 423 of 2003);<\/p>\n<p>(i) Refugee Act 1996 (Appeals) Regulations 2003 (S.I. No. 424 of 2003);<\/p>\n<p>(j) Refugee Act 1996 (Safe Countries of Origin) Order 2004 (S.I. No. 714 of 2004);<\/p>\n<p>(k) the Regulations of 2006;<\/p>\n<p>(l) European Communities (Asylum Procedures) Regulations 2011 (S.I. No. 51 of 2011);<\/p>\n<p>(m) Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011);<\/p>\n<p>(n) the Regulations of 2013;<\/p>\n<p>(o) Refugee Act 1996 (Travel Document and Fee) Regulations 2011 (S.I. No. 404 of 2011);<\/p>\n<p>(p) European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014);<\/p>\n<p>(q) European Union (Subsidiary Protection) (Amendment) Regulations 2015 (S.I. No. 137 of 2015).<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nApplication of section restricted (2.10.2017) by European Union (Subsidiary Protection) Regulations 2017 (S.I. No. 409 of 2017, reg. 5, in effect as per reg. 1(2).<\/p>\n<h4>Provisions applicable to application under Regulation 4<\/h4>\n<p>5. Where an application for a subsidiary protection declaration is made in accordance with Regulation 4(2), notwithstanding the repeal of the Regulations of 2013 by section 6 of the Act of 2015\u2014<\/p>\n<p>(a) the application shall be deemed to be an application for a subsidiary protection declaration under the Regulations of 2013, made in accordance with Regulation 3(1) of those Regulations, and<\/p>\n<p>(b) the Regulations of 2013 shall, for the purpose of the application, apply subject to the following modifications and any other necessary modifications:<\/p>\n<p>(i) the functions conferred on the Refugee Applications Commissioner by those Regulations may, for the purposes of the application, be performed by an international protection officer;<\/p>\n<p>(ii) the functions conferred on the Refugee Appeals Tribunal, the chairperson of and a member of the Refugee Appeals Tribunal by those Regulations may, for the purposes of the application, be performed, respectively, by the International Protection Appeals Tribunal, the chairperson of and a member of the International Protection Appeals Tribunal;<\/p>\n<p>(iii) in the event that the applicant is given, under Regulation 20 of the Regulations of 2013, a subsidiary protection declaration, the declaration shall be deemed to be a subsidiary protection declaration given to the person under the Act of 2015 and the provisions of the Act of 2015 shall apply accordingly.<\/p>\n<p>PART 2<\/p>\n<p>Qualification for International Protection<\/p>\n<p>Section 7<\/p>\n<h4>Acts of persecution<\/h4>\n<p>7. (1) For the purposes of this Act, acts of persecution must be\u2014<\/p>\n<p>(a) sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or<\/p>\n<p>(b) an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner as mentioned in paragraph (a).<\/p>\n<p>(2) The following are examples of acts which may amount to acts of persecution for the purposes of subsection (1):<\/p>\n<p>(a) acts of physical or mental violence, including acts of sexual violence;<\/p>\n<p>(b) legal, administrative, police or judicial measures, or a combination of these measures, that are in themselves discriminatory or are implemented in a discriminatory manner;<\/p>\n<p>(c) prosecution or punishment that is disproportionate or discriminatory;<\/p>\n<p>(d) denial of judicial redress resulting in a disproportionate or discriminatory punishment;<\/p>\n<p>(e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts of a kind referred to in section 10(2);<\/p>\n<p>(f) acts of a gender-specific or child-specific nature.<\/p>\n<p>(3) For the purpose of the definition of \u201crefugee\u201d in section 2, there must be a connection between the reasons for persecution and the acts of persecution or the absence of protection.<\/p>\n<p>Section 8<\/p>\n<h4>Reasons for persecution<\/h4>\n<p>8. (1) An international protection officer or the Tribunal, as the case may be, shall take the following into account when assessing the reasons for persecution:<\/p>\n<p>(a) the concept of race shall in particular include considerations of colour, descent or membership of a particular ethnic group;<\/p>\n<p>(b) the concept of religion shall in particular include the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief;<\/p>\n<p>(c) the concept of nationality shall not be confined to citizenship or lack thereof but shall in particular include membership of a group determined by its cultural, ethnic or linguistic identity, common geographical or political origins or its relationship with the population of another state;<\/p>\n<p>(d) a group shall be considered to form a particular social group where in particular\u2014<\/p>\n<p>(i) members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, or<\/p>\n<p>(ii) that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society,<\/p>\n<p>and, depending on the circumstances in the country of origin, a particular social group may include a group based on a common characteristic of sexual orientation;<\/p>\n<p>(e) the concept of political opinion shall in particular include the holding of an opinion, thought or belief on a matter related to the potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant concerned.<\/p>\n<p>(2) In the assessment of whether an applicant has a well-founded fear of being persecuted, it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.<\/p>\n<p>(3) For the purposes of subsection (1)(d):<\/p>\n<p>(a) sexual orientation shall not include acts considered to be criminal in the State;<\/p>\n<p>(b) gender related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group.<\/p>\n<p>Section 9<\/p>\n<h4>Cessation of refugee status<\/h4>\n<p>9. (1) A person shall cease to be a refugee if he or she\u2014<\/p>\n<p>(a) has voluntarily re-availed himself or herself of the protection of the country of nationality,<\/p>\n<p>(b) having lost his or her nationality, has voluntarily re-acquired it,<\/p>\n<p>(c) has acquired a new nationality (other than as an Irish citizen), and enjoys the protection of the country of his or her new nationality,<\/p>\n<p>(d) has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution,<\/p>\n<p>(e) subject to subsections (2) and (3), can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of his or her country of nationality, or<\/p>\n<p>(f) subject to subsections (2) and (3), being a stateless person, is able, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, to return to his or her country of former habitual residence.<\/p>\n<p>(2) In determining whether paragraph (e) or (f) of subsection (1) applies, regard shall be had to whether the change of circumstances is of such a significant and non-temporary nature that the person\u2019s fear of persecution can no longer be regarded as well-founded.<\/p>\n<p>(3) Paragraphs (e) and (f) of subsection (1) shall not apply to a refugee who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence.<\/p>\n<p>Section 10<\/p>\n<h4>Exclusion from being a refugee<\/h4>\n<p>10. (1) A person is excluded under this Act from being a refugee where he or she\u2014<\/p>\n<p>(a) subject to subsection (4), is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance, or<\/p>\n<p>(b) is recognised by the competent authorities of the country in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.<\/p>\n<p>(2) A person is excluded from being a refugee where there are serious reasons for considering that he or she\u2014<\/p>\n<p>(a) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,<\/p>\n<p>(b) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or<\/p>\n<p>(c) has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.<\/p>\n<p>(3) A person is excluded from being a refugee where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of a crime or an act referred to in subsection (2).<\/p>\n<p>(4) Subsection (1)(a) shall not apply to a person referred to in that subparagraph where the protection or assistance concerned has ceased for any reason, without the position of persons who had been receiving that protection or assistance being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations.<\/p>\n<p>Section 11<\/p>\n<h4>Cessation of eligibility for subsidiary protection<\/h4>\n<p>11. (1) A person shall cease to be eligible for subsidiary protection when the circumstances which led to his or her eligibility for subsidiary protection have ceased to exist or have changed to such a degree that international protection is no longer required.<\/p>\n<p>(2) In determining whether subsection (1) applies, regard shall be had to whether the change of circumstances is of such a significant and non-temporary nature that the person no longer faces a real risk of serious harm.<\/p>\n<p>(3) Subsection (1) shall not apply to a person eligible for subsidiary protection who is able to invoke compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of his or her country of nationality or, being a stateless person, of the country of former habitual residence.<\/p>\n<p>Section 12<\/p>\n<h4>Exclusion from eligibility for subsidiary protection<\/h4>\n<p>12. (1) A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she\u2014<\/p>\n<p>(a) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,<\/p>\n<p>(b) has committed a serious crime,<\/p>\n<p>(c) has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or<\/p>\n<p>(d) constitutes a danger to the community or to the security of the State.<\/p>\n<p>(2) A person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that he or she has incited or otherwise participated in the commission of a crime or an act referred to in subsection (1).<\/p>\n<p>(3) A person is excluded from being eligible for subsidiary protection if he or she has, prior to his or her arrival in the State, committed a crime, not referred to in subsection (1), which, if committed in the State, would be punishable by imprisonment and if he or she left his or her country of origin solely in order to avoid sanctions resulting from that crime.<\/p>\n<p>&nbsp;<\/p>\n<h2>\nText of 1951 Convention relating to the Status of Refugees<\/h2>\n<p>Section 2<\/p>\n<p>CONVENTION RELATING TO THE STATUS OF REFUGEES DONE AT GENEVA ON 28 JULY 1951<\/p>\n<p>PREAMBLE<\/p>\n<p>THE HIGH CONTRACTING PARTIES,<\/p>\n<p>Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,<\/p>\n<p>Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,<\/p>\n<p>Considering that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and protection accorded by such instruments by means of a new agreement,<\/p>\n<p>Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,<\/p>\n<p>Expressing the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,<\/p>\n<p>Noting that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of Refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,<\/p>\n<p>Have agreed as follows:<\/p>\n<p>Chapter I<\/p>\n<h4>GENERAL PROVISIONS<\/h4>\n<p>Article 1<\/p>\n<p>Definition of the term \u201cRefugee\u201d<\/p>\n<p>A. For the purposes of the present Convention, the term \u201crefugee\u201d shall apply to any person who:<\/p>\n<p>(1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;<\/p>\n<p>Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;<\/p>\n<p>(2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.<\/p>\n<p>In the case of a person who has more than one nationality, the term \u201cthe country of his nationality\u201d shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.<\/p>\n<p>B. (1) For the purposes of this Convention, the words \u201cevents occurring before 1 January 1951\u201d in Article 1, Section A, shall be understood to mean either:<\/p>\n<p>(a) \u201cevents occurring in Europe before 1 January 1951\u201d; or<\/p>\n<p>(b) \u201cevents occurring in Europe or elsewhere before 1 January 1951\u201d, and each Contracting State shall make a declaration at the time of signature, ratification or accession, specifying which of these meanings it applies for the purpose of its obligations under this Convention.<\/p>\n<p>(2) Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations.<\/p>\n<p>C. This Convention shall cease to apply to any person falling under the terms of Section A if:<\/p>\n<p>(1) He has voluntarily re-availed himself of the protection of the country of his nationality; or<\/p>\n<p>(2) Having lost his nationality, he has voluntarily re-acquired it; or<\/p>\n<p>(3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or<\/p>\n<p>(4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or<\/p>\n<p>(5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;<\/p>\n<p>Provided that this paragraph shall not apply to a refugee failing under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;<\/p>\n<p>(6) Being a person who has no nationality he is, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;<\/p>\n<p>Provided that this paragraph shall not apply to a refugee falling under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.<\/p>\n<p>D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.<\/p>\n<p>When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.<\/p>\n<p>E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.<\/p>\n<p>F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:<\/p>\n<p>(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;<\/p>\n<p>(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;<\/p>\n<p>(c) he has been guilty of acts contrary to the purposes and principles of the United Nations.<\/p>\n<p>Article 2<\/p>\n<p>General obligations<\/p>\n<p>Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.<\/p>\n<p>Article 3<\/p>\n<p>Non-discrimination<\/p>\n<p>The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.<\/p>\n<p>Article 4<\/p>\n<p>Religion<\/p>\n<p>The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.<\/p>\n<p>Article 5<\/p>\n<p>Rights granted apart from this Convention<\/p>\n<p>Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention.<\/p>\n<p>Article 6<\/p>\n<p>The term \u201cin the same circumstances\u201d<\/p>\n<p>For the purpose of this Convention, the term \u201cin the same circumstances\u201d implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.<\/p>\n<p>Article 7<\/p>\n<p>Exemption from reciprocity<\/p>\n<p>1. Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally.<\/p>\n<p>2. After a period of three years\u2019 residence, all refugees shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.<\/p>\n<p>3. Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State.<\/p>\n<p>4. The Contracting States shall consider favourably the possibility of according to refugees, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to refugees who do not fulfil the conditions provided for in paragraphs 2 and 3.<\/p>\n<p>5. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.<\/p>\n<p>Article 8<\/p>\n<p>Exemption from exceptional measures<\/p>\n<p>With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees.<\/p>\n<p>Article 9<\/p>\n<p>Provisional measures<\/p>\n<p>Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.<\/p>\n<p>Article 10<\/p>\n<p>Continuity of residence<\/p>\n<p>1. Where a refugee has been forcibly displaced during the Second World War and removed to the territory of a Contracting State, and is resident there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory.<\/p>\n<p>2. Where a refugee has been forcibly displaced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of taking up residence, the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required.<\/p>\n<p>Article 11<\/p>\n<p>Refugee seamen<\/p>\n<p>In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.<\/p>\n<p>Chapter II<\/p>\n<h4>JURIDICAL STATUS<\/h4>\n<p>Article 12<\/p>\n<p>Personal status<\/p>\n<p>1. The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence.<\/p>\n<p>2. Rights previously acquired by a refugee and dependent on personal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in question is one which would have been recognised by the law of that State had he not become a refugee.<\/p>\n<p>Article 13<\/p>\n<p>Movable and immovable property<\/p>\n<p>The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.<\/p>\n<p>Article 14<\/p>\n<p>Artistic rights and industrial property<\/p>\n<p>In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has habitual residence.<\/p>\n<p>Article 15<\/p>\n<p>Right of association<\/p>\n<p>As regards non-political and non-profit-making associations and trade unions the Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.<\/p>\n<p>Article 16<\/p>\n<p>Access to courts<\/p>\n<p>1. A refugee shall have free access to the courts of law on the territory of all Contracting States.<\/p>\n<p>2. A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi.<\/p>\n<p>3. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.<\/p>\n<p>Chapter III<\/p>\n<h4>GAINFUL EMPLOYMENT<\/h4>\n<p>Article 17<\/p>\n<p>Wage-earning employment<\/p>\n<p>1. The Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment.<\/p>\n<p>2. In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who was already exempt from them at the date of entry into force of this Convention for the Contracting States concerned, or who fulfils one of the following conditions:<\/p>\n<p>(a) He has completed three years&#8217; residence in the country;<\/p>\n<p>(b) He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefits of this provision if he has abandoned his spouse;<\/p>\n<p>(c) He has one or more children possessing the nationality of the country of residence.<\/p>\n<p>3. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals, and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.<\/p>\n<p>Article 18<\/p>\n<p>Self-employment<\/p>\n<p>The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.<\/p>\n<p>Article 19<\/p>\n<p>Liberal professions<\/p>\n<p>1. Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognised by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.<\/p>\n<p>2. The Contracting States shall use their best endeavours consistently with their laws and constitutions to secure the settlement of such refugees in the territories, other than the metropolitan territory, for whose international relations they are responsible.<\/p>\n<p>Chapter IV<\/p>\n<h4>WELFARE<\/h4>\n<p>Article 20<\/p>\n<p>Rationing<\/p>\n<p>Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.<\/p>\n<p>Article 21<\/p>\n<p>Housing<\/p>\n<p>As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.<\/p>\n<p>Article 22<\/p>\n<p>Public education<\/p>\n<p>1. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education.<\/p>\n<p>2. The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.<\/p>\n<p>Article 23<\/p>\n<p>Public relief<\/p>\n<p>The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.<\/p>\n<p>Article 24<\/p>\n<p>Labour legislation and social security<\/p>\n<p>1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters:<\/p>\n<p>(a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women&#8217;s work and the work of young persons, and the enjoyment of the benefit of collective bargaining;<\/p>\n<p>(b) Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:<\/p>\n<p>(i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;<\/p>\n<p>(ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.<\/p>\n<p>2. The right to compensation for the death of a refugee resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State.<\/p>\n<p>3. The Contracting States shall extend to refugees the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question.<\/p>\n<p>4. The Contracting States will give sympathetic consideration to extending to refugees so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States.<\/p>\n<p>Chapter V<\/p>\n<h4>ADMINISTRATIVE MEASURES<\/h4>\n<p>Article 25<\/p>\n<p>Administrative assistance<\/p>\n<p>1. When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority.<\/p>\n<p>2. The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities.<\/p>\n<p>3. Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities, and shall be given credence in the absence of proof to the contrary.<\/p>\n<p>4. Subject to such exceptional treatment as may be granted to indigent persons, fees may be charged for the services mentioned herein, but such fees shall be moderate and commensurate with those charged to nationals for similar services.<\/p>\n<p>5. The provisions of this article shall be without prejudice to articles 27 and 28.<\/p>\n<p>Article 26<\/p>\n<p>Freedom of movement<\/p>\n<p>Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.<\/p>\n<p>Article 27<\/p>\n<p>Identity papers<\/p>\n<p>The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.<\/p>\n<p>Article 28<\/p>\n<p>Travel documents<\/p>\n<p>1. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other refugee in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence.<\/p>\n<p>2. Travel documents issued to refugees under previous international agreements by parties thereto shall be recognised and treated by the Contracting States in the same way as if they had been issued pursuant to this article.<\/p>\n<p>Article 29<\/p>\n<p>Fiscal charges<\/p>\n<p>1. The Contracting States shall not impose upon refugees duties, charges or taxes, of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situations.<\/p>\n<p>2. Nothing in the above paragraph shall prevent the application to refugees of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers.<\/p>\n<p>Article 30<\/p>\n<p>Transfer of assets<\/p>\n<p>1. A Contracting State shall, in conformity with its laws and regulations, permit refugees to transfer assets which they have brought into its territory, to another country where they have been admitted for the purposes of resettlement.<\/p>\n<p>2. A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted.<\/p>\n<p>Article 31<\/p>\n<p>Refugees unlawfully in the country of refuge<\/p>\n<p>1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.<\/p>\n<p>2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularised or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.<\/p>\n<p>Article 32<\/p>\n<p>Expulsion<\/p>\n<p>1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.<\/p>\n<p>2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.<\/p>\n<p>3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.<\/p>\n<p>Article 33<\/p>\n<p>Prohibition of expulsion or return (\u201crefoulement\u201d)<\/p>\n<p>1. No Contracting State shall expel or return (\u201c refouler \u201d) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.<\/p>\n<p>2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.<\/p>\n<p>Article 34<\/p>\n<p>Naturalization<\/p>\n<p>The Contracting States shall as far as possible facilitate the assimilation and naturalisation of refugees. They shall in particular make every effort to expedite naturalisation proceedings and to reduce as far as possible the charges and costs of such proceedings.<\/p>\n<p>Chapter VI<\/p>\n<h4>EXECUTORY AND TRANSITORY PROVISIONS<\/h4>\n<p>Article 35<\/p>\n<p>Co-operation of the national authorities with the United Nations<\/p>\n<p>1. The Contracting States undertake to co-operate with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it, in the exercise of its functions, and shall in particular facilitate its duty of supervising the application of the provisions of this Convention.<\/p>\n<p>2. In order to enable the Office of the High Commissioner or any other agency of the United Nations which may succeed it, to make reports to the competent organs of the United Nations, the Contracting States undertake to provide them in the appropriate form with information and statistical data requested concerning:<\/p>\n<p>(a) the condition of refugees,<\/p>\n<p>(b) the implementation of this Convention, and<\/p>\n<p>(c) laws, regulations and decrees which are, or may hereafter be, in force relating to refugees.<\/p>\n<p>Article 36<\/p>\n<p>Information on national legislation<\/p>\n<p>The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention.<\/p>\n<p>Article 37<\/p>\n<p>Relation to previous Conventions<\/p>\n<p>Without prejudice to article 28, paragraph 2, of this Convention, this Convention replaces, as between parties to it, the Arrangements of 5 July 1922, 31 May 1924, 12 May 1926, 30 June 1928 and 30 July 1935, the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 and the Agreement of 15 October 1946.<\/p>\n<p>Chapter VII<\/p>\n<h4>FINAL CLAUSES<\/h4>\n<p>Article 38<\/p>\n<p>Settlement of disputes<\/p>\n<p>Any dispute between parties to this Convention relating to its interpretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.<\/p>\n<p>Article 39<\/p>\n<p>Signature, ratification and accession<\/p>\n<p>1. This Convention shall be opened for signature at Geneva on 28 July 1951 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from 28 July to 31 August 1951 and shall be reopened for signature at the Headquarters of the United Nations from 17 September 1951 to 31 December 1952.<\/p>\n<p>2. This Convention shall be open for signature on behalf of all States Members of the United Nations, and also on behalf of any other State invited to attend the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons or to which an invitation to sign will have been addressed by the General Assembly. It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.<\/p>\n<p>3. This Convention shall be open from 28 July 1951 for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.<\/p>\n<p>Article 40<\/p>\n<p>Territorial application clause<\/p>\n<p>1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.<\/p>\n<p>2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.<\/p>\n<p>3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject where necessary for constitutional reasons, to the consent of the governments of such territories.<\/p>\n<p>Article 41<\/p>\n<p>Federal clause<\/p>\n<p>In the case of a Federal or non-unitary State, the following provisions shall apply:<\/p>\n<p>(a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of Parties which are not Federal States;<\/p>\n<p>(b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation, to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;<\/p>\n<p>(c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action.<\/p>\n<p>Article 42<\/p>\n<p>Reservations<\/p>\n<p>1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4, 16 (1), 33, 36 to 46 inclusive.<\/p>\n<p>2. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.<\/p>\n<p>Article 43<\/p>\n<p>Entry into force<\/p>\n<p>(1) This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession.<\/p>\n<p>(2) For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the day of deposit by such State of its instrument of ratification or accession.<\/p>\n<p>Article 44<\/p>\n<p>Denunciation<\/p>\n<p>1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.<\/p>\n<p>2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations.<\/p>\n<p>3. Any State which has made a declaration or notification under article 40 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General.<\/p>\n<p>Article 45<\/p>\n<p>Revision<\/p>\n<p>1. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations.<\/p>\n<p>2. The General Assembly of the United Nations shall recommend the steps, if any, to be taken in respect of such request.<\/p>\n<p>Article 46<\/p>\n<p>Notifications by the Secretary-General of the United Nations<\/p>\n<p>The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 39:<\/p>\n<p>(a) of declarations and notifications in accordance with Section B of article 1;<\/p>\n<p>(b) of signatures, ratifications and accessions in accordance with article 39;<\/p>\n<p>(c) of declarations and notifications in accordance with article 40;<\/p>\n<p>(d) of reservations and withdrawals in accordance with article 42;<\/p>\n<p>(e) of the date on which this Convention will come into force in accordance with article 43;<\/p>\n<p>(f) of denunciations and notifications in accordance with article 44;<\/p>\n<p>(g) of requests for revision in accordance with article 45.<\/p>\n<p>In faith whereof the undersigned, duly authorised, have signed this Convention on behalf of their respective Governments,<\/p>\n<p>Done at Geneva, this twenty-eighth day of July, one thousand nine hundred and fifty-one, in a single copy, of which the English and French texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all Members of the United Nations and to the non-member States referred to in article 39.<\/p>\n<p>SCHEDULE<\/p>\n<p>Paragraph 1<\/p>\n<p>1. The travel document referred to in article 28 of this Convention shall be similar to the specimen annexed hereto.<\/p>\n<p>2. The document shall be made out in at least two languages, one of which shall be in English or French.<\/p>\n<p>Paragraph 2<\/p>\n<p>Subject to the regulations obtaining in the country of issue, children may be included in the travel document of a parent or, in exceptional circumstances, of another adult refugee.<\/p>\n<p>Paragraph 3<\/p>\n<p>The fees charged for issue of the document shall not exceed the lowest scale of charges for national passports.<\/p>\n<p>Paragraph 4<\/p>\n<p>Save in special or exceptional cases, the document shall be made valid for the largest possible number of countries.<\/p>\n<p>Paragraph 5<\/p>\n<p>The document shall have a validity of either one or two years, at the discretion of the issuing authority.<\/p>\n<p>Paragraph 6<\/p>\n<p>1. The renewal or extension of the validity of the document is a matter for the authority which issued it, so long as the holder has not established lawful residence in another territory and resides lawfully in the territory of the said authority. The issue of a new document is, under the same conditions, a matter for the authority which issued the former document.<\/p>\n<p>2. Diplomatic or consular authorities, specially authorized for the purpose, shall be empowered to extend, for a period not exceeding six months, the validity of travel documents issued by their Governments.<\/p>\n<p>3. The Contracting States shall give sympathetic consideration to renewing or extending the validity of travel documents or issuing new documents to refugees no longer lawfully resident in their territory who are unable to obtain a travel document from the country of their lawful residence.<\/p>\n<p>Paragraph 7<\/p>\n<p>The Contracting States shall recognize the validity of the documents issued in accordance with the provisions of article 28 of this Convention.<\/p>\n<p>Paragraph 8<\/p>\n<p>The competent authorities of the country to which the refugee desires to proceed shall, if they are prepared to admit him and if a visa is required, affix a visa on the document of which he is the holder.<\/p>\n<p>Paragraph 9<\/p>\n<p>1. The Contracting States undertake to issue transit visas to refugees who have obtained visas for a territory of final destination.<\/p>\n<p>2. The issue of such visas may be refused on grounds which would justify refusal of a visa to any alien.<\/p>\n<p>Paragraph 10<\/p>\n<p>The fees for the issue of exit, entry or transit visas shall not exceed the lowest scale of charges for visas on foreign passports.<\/p>\n<p>Paragraph 11<\/p>\n<p>When a refugee has lawfully taken up residence in the territory of another Contracting State, the responsibility for the issue of a new document, under the terms and conditions of article 28, shall be that of the competent authority of that territory, to which the refugee shall be entitled to apply.<\/p>\n<p>Paragraph 12<\/p>\n<p>The authority issuing a new document shall withdraw the old document and shall return it to the country of issue if it is stated in the document that it should be so returned; otherwise it shall withdraw and cancel the document.<\/p>\n<p>Paragraph 13<\/p>\n<p>1. Each Contracting State undertakes that the holder of a travel document issued by it in accordance with article 28 of this Convention shall be readmitted to its territory at any time during the period of its validity.<\/p>\n<p>2. Subject to the provisions of the preceding sub-paragraph, a Contracting State may require the holder of the document to comply with such formalities as may be prescribed in regard to exit from or return to its territory.<\/p>\n<p>3. The Contracting States reserve the right, in exceptional cases, or in cases where the refugee&#8217;s stay is authorised for a specific period, when issuing the document, to limit the period during which the refugee may return to a period of not less than three months.<\/p>\n<p>Paragraph 14<\/p>\n<p>Subject only to the terms of paragraph 13, the provisions of this Schedule in no way affect the laws and regulations governing the conditions of admission to, transit through, residence and establishment in, and departure from, the territories of the Contracting States.<\/p>\n<p>Paragraph 15<\/p>\n<p>Neither the issue of the document nor the entries made thereon determine or affect the status of the holder, particularly as regards nationality.<\/p>\n<p>Paragraph 16<\/p>\n<p>he issue of the document does not in any way entitle the holder to the protection of the diplomatic or consular authorities of the country of issue, and does not confer on these authorities a right of protection.<\/p>\n<p>ANNEX<\/p>\n<p>Specimen Travel Document<\/p>\n<p>The document will be in booklet form (approximately 15 x 10 centimetres).<\/p>\n<p>It is recommended that it be so printed that any erasure or alteration by chemical or other means can be readily detected, and that the words \u201cConvention of 28 July 1951\u201d be printed in continuous repetition on each page, in the language of the issuing country.<\/p>\n<p>(Cover of booklet)<\/p>\n<h4>TRAVEL DOCUMENT<\/h4>\n<p>(Convention of 28 July 1951)<\/p>\n<p>No.<\/p>\n<p>(1)<\/p>\n<p>TRAVEL DOCUMENT<\/p>\n<p>(Convention of 28 July 1951)<\/p>\n<p>This document expires on<\/p>\n<p>unless its validity is extended or renewed.<\/p>\n<p>Name<\/p>\n<p>Forename(s)<\/p>\n<p>Accompanied by<\/p>\n<p>child (children)<\/p>\n<p>1. This document is issued solely with a view to providing the holder with a travel document which can serve in lieu of a national passport. It is without prejudice to and in no way affects the holder\u2019s nationality.<\/p>\n<p>2. The holder is authorised to return to<\/p>\n<p>[state here the country whose authorities are issuing the document ]<\/p>\n<p>on or before<\/p>\n<p>unless some later<\/p>\n<p>date is hereafter specified.<\/p>\n<p>[The period during which the holder is allowed to return must not be less than three months.]<\/p>\n<p>3. Should the holder take up residence in a country other than that which issued the present document, he must, if he wishes to travel again, apply to the competent authorities of his country of residence for a new document. [The old travel document shall be withdrawn by the authority issuing the new document and returned to the authority which issued it.]<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(2)<\/p>\n<p>Occupation<\/p>\n<p>Present residence<\/p>\n<p>*Maiden name and forename(s) of wife<\/p>\n<p>*Name and forename(s) of husband<\/p>\n<p>Description<\/p>\n<p>Height<\/p>\n<p>Hair<\/p>\n<p>Colour of eyes<\/p>\n<p>Nose<\/p>\n<p>Shape of face<\/p>\n<p>Complexion<\/p>\n<p>Special peculiarities<\/p>\n<p>Children accompanying holder<\/p>\n<p>Name<\/p>\n<p>Forename(s)<\/p>\n<p>Place and<\/p>\n<p>date of birth<\/p>\n<p>Sex<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(3)<\/p>\n<p>Photograph of holder and stamp of issuing authority<\/p>\n<p>Finger-prints of holder (if required)<\/p>\n<p>Signature of holder<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(4)<\/p>\n<p>1. This document is valid for the following countries:<\/p>\n<p>2. Document or documents on the basis of which the present document is issued:<\/p>\n<p>Issued at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority issuing the document:<\/p>\n<p>Fee paid<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(5)<\/p>\n<p>Extension or renewal of validity<\/p>\n<p>Fee paid:<\/p>\n<p>From<\/p>\n<p>To<\/p>\n<p>Done at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority extending or renewing the validity of the document:<\/p>\n<p>Extension or renewal of validity<\/p>\n<p>Fee paid:<\/p>\n<p>From<\/p>\n<p>To<\/p>\n<p>Done at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority extending or renewing the validity of the document:<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(6)<\/p>\n<p>Extension or renewal of validity<\/p>\n<p>Fee paid:<\/p>\n<p>From<\/p>\n<p>To<\/p>\n<p>Done at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority extending or renewing the validity of the document:<\/p>\n<p>Extension or renewal of validity<\/p>\n<p>Fee paid:<\/p>\n<p>From<\/p>\n<p>To<\/p>\n<p>Done at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority extending or renewing the validity of the document:<\/p>\n<p>Extension or renewal of validity<\/p>\n<p>Fee paid:<\/p>\n<p>From<\/p>\n<p>To<\/p>\n<p>Done at<\/p>\n<p>Date<\/p>\n<p>Signature and stamp of authority extending or renewing the validity of the document:<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>(7-32)<\/p>\n<p>Visas<\/p>\n<p>The name of the holder of the document must be repeated in each visa.<\/p>\n<p>(This document contains pages, exclusive of cover.)<\/p>\n<p>Schedule 2<br \/>\nSCHEDULE 2<\/p>\n<h2>Text of 1967 Protocol relating to the Status of Refugees<\/h2>\n<p>Section 2<\/p>\n<p>PROTOCOL RELATING TO THE STATUS OF REFUGEES DONE AT NEW YORK ON 31 JANUARY 1967<\/p>\n<p>The States Parties to the present Protocol,<\/p>\n<p>Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before 1 January 1951,<\/p>\n<p>Considering that new refugee situations have arisen since the Convention was adopted and that the refugees concerned may therefore not fall within the scope of the Convention,<\/p>\n<p>Considering that it is desirable that equal status should be enjoyed by all refugees covered by the definition in the Convention irrespective of the dateline 1 January 1951,<\/p>\n<p>Have agreed as follows:<\/p>\n<p>Article I<\/p>\n<p>General provision<\/p>\n<p>1. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined.<\/p>\n<p>2. For the purpose of the present Protocol, the term \u201crefugee\u201d shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article 1 of the Convention as if the words \u201cAs a result of events occurring before 1 January 1951 and&#8230;\u201d and the words \u201c&#8230; as a result of such events\u201d, in article 1 A (2) were omitted.<\/p>\n<p>3. The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article 1 B (1)(a) of the Convention, shall, unless extended under article 1 B (2) thereof, apply also under the present Protocol.<\/p>\n<p>Article II<\/p>\n<p>Co-operation of the national authorities with the United Nations<\/p>\n<p>1. The States Parties to the present Protocol undertake to co-operate with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it, in the exercise of its functions, and shall in particular facilitate its duty of supervising the application of the provisions of the present Protocol.<\/p>\n<p>2. In order to enable the Office of the High Commissioner, or any other agency of the United Nations which may succeed it to make reports to the competent organs of the United Nations, the States Parties to the present Protocol undertake to provide them with the information and statistical data requested, in the appropriate form, concerning:<\/p>\n<p>(a) The condition of refugees;<\/p>\n<p>(b) The implementation of the present Protocol;<\/p>\n<p>(c) Laws, regulations and decrees which are, or may hereafter be, in force relating to refugees.<\/p>\n<p>Article III<\/p>\n<p>Information on national legislation<\/p>\n<p>The States Parties to the present Protocol shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of the present Protocol.<\/p>\n<p>Article IV<\/p>\n<p>Settlement of disputes<\/p>\n<p>Any dispute between States Parties to the present Protocol which relates to its interpretation or application and which cannot be settled by other means shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.<\/p>\n<p>Article V<\/p>\n<p>Accession<\/p>\n<p>The present Protocol shall be open for accession on behalf of all States Parties to the Convention and of any other State Member of the United Nations or member of any of the specialised agencies or to which an invitation to accede may have been addressed by the General Assembly of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.<\/p>\n<p>Article VI<\/p>\n<p>Federal clause<\/p>\n<p>In the case of a Federal or non-unitary State, the following provisions shall apply:<\/p>\n<p>(a) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of States Parties which are not Federal States;<\/p>\n<p>(b) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the Federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;<\/p>\n<p>(c) A Federal State Party to the present Protocol shall, at the request of any other State Party hereto transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol, showing the extent to which effect has been given to that provision by legislative or other action.<\/p>\n<p>Article VII<\/p>\n<p>Reservations and Declarations<\/p>\n<p>1. At the time of accession, any State may make reservations in respect of article IV of the present Protocol and in respect of the application in accordance with article I of the present Protocol of any provisions of the Convention other than those contained in articles 1, 3, 4, 16 (1) and 33 thereof, provided that in the case of a State Party to the Convention reservations made under this article shall not extend to refugees in respect of whom the Convention applies.<\/p>\n<p>2. Reservations made by States Parties to the Convention in accordance with article 42 thereof shall, unless withdrawn, be applicable in relation to their obligations under the present Protocol.<\/p>\n<p>3. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw such reservation by a communication to that effect addressed to the Secretary-General of the United Nations.<\/p>\n<p>4. Declarations made under article 40, paragraphs 1 and 2, of the Convention by a State Party thereto which accedes to the present Protocol shall be deemed to apply in respect of the present Protocol, unless upon accession a notification to the contrary is addressed by the State Party concerned to the Secretary-General of the United Nations. The provisions of article 40, paragraphs 2 and 3, and of article 44, paragraph 3, of the Convention shall be deemed to apply mutatis mutandis to the present Protocol.<\/p>\n<p>Article VIII<\/p>\n<p>Entry into force<\/p>\n<p>1. The present Protocol shall come into force on the day of deposit of the sixth instrument of accession.<\/p>\n<p>2. For each State acceding to the Protocol after the deposit of the sixth instrument of accession, the Protocol shall come into force on the date of deposit by such State of its instrument of accession.<\/p>\n<p>Article IX<\/p>\n<p>Denunciation<\/p>\n<p>1. Any State Party hereto may denounce this Protocol at any time by a notification addressed to the Secretary-General of the United Nations.<\/p>\n<p>2. Such denunciation shall take effect for the State Party concerned one year from the date on which it is received by the Secretary-General of the United Nations.<\/p>\n<p>Article X<\/p>\n<p>Notifications by the Secretary-General of the United Nations<\/p>\n<p>The Secretary-General of the United Nations shall inform the States referred to in article V above of the date of entry into force, accessions, reservations and withdrawals of reservations to and denunciations of the present Protocol, and of declarations and notifications relating hereto.<\/p>\n<p>Article XI<\/p>\n<p>Deposit in the Archives of the Secretariat of the United Nations<\/p>\n<p>A copy of the present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, signed by the President of the General Assembly and by the Secretary-General of the United Nations, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General will transmit certified copies thereof to all States Members of the United Nations and to the other States referred to in article V above.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22438\" data-postid=\"22438\" class=\"themify_builder_content themify_builder_content-22438 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Qualification Criteria Acts of persecution must be sufficiently serious by their nature or repetition to constitute a severe violation of basic human rights, in particular the core\u00a0 rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, or an accumulation of various measures, including violations of human rights, which is sufficiently [&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\/22438"}],"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=22438"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22438\/revisions"}],"predecessor-version":[{"id":35439,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22438\/revisions\/35439"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22438"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}