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International Protection Act 2026

In short

This law, the International Protection Act 2026, sets out the rules and procedures for applying for international protection, including asylum, and how these applications are managed. It covers everything from how applications are made and assessed to the conditions provided to applicants and how their freedom of movement may be restricted.

What it regulates

Who it concerns

Key points

Legal text

International Protection Act 2026 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2026 International Protection Act 2026 International Protection Act 2026 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 9 of 2026 INTERNATIONAL PROTECTION ACT 2026 CONTENTS PART 1 Preliminary and General Chapter 1 Preliminary and general Section 1. Short title and commencement 2. Interpretation 3. Regulations and orders 4. Service of documents 5. Repeals 6. Expenses Chapter 2 Designation of Determining Authority, conduct of examinations and application of certain concepts 7. Designation of Determining Authority 8. Examinations conducted in accordance with Qualification Regulation 9. Individual assessment of applicability of concept of first country of asylum 10. First country of asylum for unaccompanied minor 11. Application of concept of safe third country 12. Safe third country for unaccompanied minor 13. Application of concept of safe country of origin PART 2 Eurodac and Screening Chapter 1 Eurodac 14. Definitions (Part 2) (Chapter 1) 15. Taking of data and transmission of data to Eurodac 16. Taking of data from person referred to in Article 18 of Eurodac Regulation 17. Management of biometric data and other data 18. Designated person 19. Offence of processing data in Eurodac contrary to Article 1 of Eurodac Regulation Chapter 2 Screening 20. Definitions (Part 2) (Chapter 2) 21. Designation of screening centre 22. Obligation to travel to screening centre 23. Alternative arrangements for screening of certain applicants 24. Obligation to inform applicant 25. Obligations of applicant under Part 2 26. Provision of information to applicant 27. Legal counselling 28. Consultation with legal representative 29. Preliminary health assessment 30. Preliminary vulnerability assessment 31. Guarantees for minors 32. Search of applicant 33. Screening form 34. Cultural mediator 35. Termination of screening PART 3 Application for International Protection Chapter 1 Making, registration and lodgement of application 36. Application for international protection 37. Application on behalf of minor 38. Application on behalf of person lacking capacity 39. Registration of application 40. Lodgement of application 41. Submission of elements and documents Chapter 2 Appointment of representatives for unaccompanied minors 42. Definition (Part 3) (Chapter 2) 43. Competent authority (Part 3) (Chapter 2) 44. Best interests of child (Part 3) (Chapter 2) 45. Requirement to notify the competent authority 46. Designation of provisional representative and appointment of representative 47. Appointment of provisional representative persons and representative persons 48. Power to appoint substitute provisional representative person and representative person 49. Consequences of appointment of provisional representative person or representative person 50. Functions of provisional representative person and representative person 51. Cessation of designation or appointment of representatives and consequences of cessation 52. Modification of certain references (exceptional situations) 53. Regulations (Part 3) (Chapter 2) Chapter 3 Assessments to determine age of applicant 54. Best interests of child (Part 3) (Chapter 3) 55. Age assessments 56. Multi-disciplinary assessment 57. Medical examination to determine age 58. Age assessment in Member State other than the State 59. Request by applicant for further age assessment 60. Decision by Determining Authority to arrange further age assessment 61. Estimated date of birth 62. Confirmation of age based on verifiable information 63. Regulations (Part 3) (Chapter 3) Chapter 4 Consequences of making application 64. Authorisation to enter State 65. Right to remain in State 66. Limitation on right to remain 67. Duty to cooperate 68. Exception from right to remain 69. International protection applicant card Chapter 5 Withdrawal of application 70. Explicit withdrawal of application 71. Implicit withdrawal of application Chapter 6 Subsequent application 72. Subsequent application PART 4 Reception Conditions Chapter 1 Definitions and application 73. Definitions (Part 4) 74. Application of Part 4 Chapter 2 Material reception conditions 75. Provision of material reception conditions 76. Allocation of accommodation 77. Reception needs of minors 78. Schooling and education for minors 79. Language courses and vocational training 80. Health care 81. Assessment of special reception needs 82. Provision of information to applicants 83. House rules 84. Travel documents for applicants Chapter 3 Reduction or withdrawal of material reception conditions 85. Definitions 86. Reduction or withdrawal of material reception conditions 87. Making a decision under section 86 88. Section 86 decision based on applicant’s conduct 89. Appeal of section 86 decision Chapter 4 Monitoring of reception conditions 90. Definitions (Part 4) (Chapter 4) 91. Monitoring body 92. National Standards and monitoring of accommodation 93. Provision of information to monitoring body 94. Authorised persons 95. Inspection of accommodation centres 96. Prohibition against certain conduct in relation to inspection 97. Inspection reports 98. Statutory notifications to monitoring body 99. Notification of serious incidents PART 5 Restriction of Freedom of Movement and Detention Chapter 1 Preliminary and general 100. Application of Part 5 101. Particular reasons to believe that person might abscond Chapter 2 Restrictions of freedom of movement 102. Requirement that applicant reside in specific place 103. Requirement that applicant report to competent authorities 104. Matters to be taken into account 105. Form and content of requirement restricting freedom of movement 106. Assistance for unaccompanied minor 107. Power to vary restriction of freedom of movement 108. Review of restriction of freedom of movement 109. Appeal from decision of review officer 110. Request to reside temporarily outside specified place Chapter 3 Detention and alternatives to detention 111. Prohibition of detention on certain grounds 112. Grounds of detention and application of alternatives to detention 113. Alternatives to detention 114. Measures relating to minors 115. Application of alternative to detention 116. Power to vary requirement under section 113 117. Appeal of requirement under section 113 118. Arrest and detention of applicants 119. Detention as last resort 120. Offences (Part 5) 121. Rights of detained person 122. Detention of persons with special reception needs 123. Notification to Child and Family Agency where minor in custody of detained person 124. Administrative delay while applicant is in detention 125. Conditions of detention PART 6 Asylum and Migration Management Chapter 1 Preliminary and general 126. Interpretation (Part 6) 127. Best interests of child (Part 6) 128. Minister to share information for purposes of asylum and migration management 129. Minister to provide applicant with information on application of Asylum and Migration Management Regulation 130. Minister may request another Member State to take charge of applicant to bring family together Chapter 2 Determination of Member State responsible 131. Minister to determine Member State responsible 132. Determination of Member State responsible — assessment whether applicant poses threat to internal security 133. Personal interview for determining Member State responsible 134. Offence of forging or altering recording or summary of Article 22 interview 135. Circumstances in which Article 22 interview may be omitted Chapter 3 Transfers 136. Request by State to other Member State to take charge of, or take back, applicant 137. Functions of Minister where State is transferring Member State 138. Minister to take transfer decision 139. Notification of transfer decision 140. Appeal against transfer decision 141. Request to remain in State pending appeal 142. Additional functions of Minister in relation to transfer decision 143. Transfer of applicant from State to Member State responsible 144. Powers of immigration officer, etc. for purposes of facilitating transfer 145. Arrest and detention of applicant subject of transfer decision Chapter 4 Procedures where State is Member State responsible 146. Request by other Member State to State to take charge of, or take back, applicant for international protection 147. Procedure where State takes charge of, or takes back, applicant for international protection PART 7 Examination of Applications for International Protection Chapter 1 Medical examination for indications of past persecution or serious harm 148. Determining Authority may request medical examination for indications of past persecution or serious harm Chapter 2 Examination procedure 149. Examination of applications 150. Determining Authority may prioritise examination of applications for international protection Chapter 3 Personal interviews 151. Requirement to give applicant opportunity of personal interview 152. Requirements for personal interviews 153. Conduct of personal interview 154. Legal assistance at personal interview 155. Report and recording of personal interviews Chapter 4 Decisions on applications 156. Decision on applications for international protection and notification of decision 157. Assessment of admissibility of application 158. Duration of examination to determine whether application is inadmissible 159. Decision to reject application as inadmissible 160. Finding that applicant’s country of origin is safe country of origin 161. Rejection of application and issuance of return decision 162. Examination of merits of application 163. Determining Authority may decide not to grant refugee status 164. Decision on merits of application 165. Grant of refugee status following decision that person qualifies as refugee 166. Grant of subsidiary protection status following decision that person is eligible for subsidiary protection 167. Rejection of application as unfounded 168. Duration of examination procedure on merits 169. Examination procedure to conclude within 21 months of lodging of application 170. Duration of examination procedure where court annuls decision of Determining Authority and refers back 171. Decision that applicant qualifies as refugee 172. Decision that applicant does not qualify as refugee and is eligible for subsidiary protection Chapter 5 Special procedures 173. Accelerated examination procedure 174. Duration of accelerated examination procedure Chapter 6 Asylum border procedure 175. Conditions for applying asylum border procedure 176. Deadlines under asylum border procedure 177. Prioritisation of examination of applications in asylum border procedure 178. Application by person deemed to be national security risk 179. Mandatory application of asylum border procedure 180. Application of special procedures to applicants in need of special procedural guarantees 181. Determination of Member State responsible and relocation where asylum border procedure is applicable 182. Application of asylum border procedure where applicant is transferred to State 183. Exceptions to asylum border procedure 184. Restrictions on freedom of movement during asylum border procedure 185. Minister to notify where number of applications in border procedure reaches maximum PART 8 Appeals to Tribunal 186. Definitions (Part 8) 187. Appeals 188. Right to remain in State pending appeal 189. Request to Tribunal to be allowed to remain pending appeal 190. Provision of information, submission of documents to Tribunal 191. Oral hearing 192. Recording of oral hearing 193. Examination by Tribunal 194. Withdrawal and deemed withdrawal of appeal 195. Decision of Tribunal 196. Effect of judicial review on right to remain in State 197. Duration of appeal to Tribunal 198. Procedures for appeals and requests to remain PART 9 Content of International Protection 199. Definitions (Part 9) 200. Application of Part 9 201. Information for beneficiaries of international protection 202. Extension to beneficiaries of international protection of certain rights 203. Permission for beneficiaries of international protection to reside in State 204. Permission to reside for family members of beneficiaries of international protection 205. Permission to enter and reside for family members of beneficiaries of international protection 206. Application by unaccompanied minors for waiver of certain requirements under section 205 207. Travel document 208. Cancellation and surrender of travel document 209. Offences relating to travel document 210. Meaning of “false” and “making” 211. Proceedings relating to offences under section 209 committed outside State 212. Regulations (section 205) PART 10 Voluntary Return and Withdrawal of International Protection 213. Option to voluntarily return 214. Withdrawal of international protection 215. Appeal of withdrawal of international protection PART 11 Returns Chapter 1 Return decisions 216. Return decision where application is inadmissible on certain grounds, unfounded, manifestly unfounded or withdrawn 217. Entry ban notice 218. First country of asylum or safe third country return decision 219. Making of return decision before decision under Part 3 or 7 220. Coming into effect of return decision 221. Exceptions to making of return decision 222. Requirements on person subject of return decision 223. Arrest and detention (Part 11) 224. Continuance of detention under section 223 225. Prohibition of refoulement Chapter 2 Return border procedure 226. Application of Chapter 2 of Part 11 227. Requirements on person to whom Chapter applies 228. Designated centre 229. Refusal of authorisation to enter State 230. Arrest and detention under return border procedure 231. Cessation of return border procedure Chapter 3 Miscellaneous 232. Power to enter premises 233. Issue of travel document for purpose of return 234. Review of detention under Part 11 PART 12 Humanitarian Admission Framework, Programme Refugees, Temporary Protection and Crisis and Force Majeure 235. Definitions (Part 12) 236. Programme Refugees 237. Temporary protection 238. Revocation of temporary protection 239. Crisis and force majeure PART 13 Tribunal Chapter 1 Definitions (Part 13) 240. Definitions (Part 13) Chapter 2 Establishment of Tribunal 241. Establishment day of Tribunal 242. Establishment of Tribunal Chapter 3 Tribunal 243. Functions of Tribunal 244. Composition of Tribunal 245. Terms of appointment and conditions of office of Appeals Officers 246. Resignation and removal of Appeals Officers 247. Functions of Chief Appeals Officer 248. Delegation of functions of Chief Appeals Officer 249. Power of Deputy Chief Appeals Officer to perform functions of Chief Appeals Officer 250. Functions of Appeals Officers 251. Director of Tribunal 252. Staff of Tribunal 253. Power of member of staff to perform functions of Director Chapter 4 Reporting 254. Annual report of Tribunal 255. Reports of Chief Appeals Officer 256. Reports of Director PART 14 Chief Inspector of Asylum Border Procedures Chapter 1 Definitions (Part 14) 257. Definitions (Part 14) Chapter 2 Establishment of Office of Chief Inspector of Asylum Border Procedures 258. Establishment day of Office of Chief Inspector 259. Establishment of Office of Chief Inspector Chapter 3 Appointment and functions of Chief Inspector of Asylum Border Procedures 260. Appointment of Chief Inspector 261. Resignation and removal of Chief Inspector 262. Acting Chief Inspector 263. Functions of Chief Inspector 264. Staff of Chief Inspector Chapter 4 Governance and accountability of Chief Inspector of Asylum Border Procedures 265. Establishment and role of Advisory Board 266. Membership of Advisory Board 267. Meetings of Advisory Board 268. Member ceasing to be member of Advisory Board 269. Annual report of Chief Inspector 270. Accountability to Oireachtas Committees Chapter 5 Complaints, investigations and inspections 271. Inspections and complaints of designated asylum border facilities 272. Recording and handling of complaints 273. Formal investigation 274. Other actions by Chief Inspector following formal investigation Chapter 6 Miscellaneous 275. Offences under Part 14 276. Prohibition on unauthorised disclosure of confidential information PART 15 Miscellaneous Provisions 277. Contracts for services 278. Prohibition on publication or broadcast of certain information 279. Designation of safe countries of origin 280. Designation of safe third countries 281. Prioritisation by Tribunal of certain appeals and requests to remain 282. Contingency plan 283. Family tracing for unaccompanied minors 284. Sharing of information for performance of functions PART 16 Transitional Provisions 285. Application of Act to certain applications 286. Transitional provisions relating to repeals under section 5 287. Transitional provisions relating to appointment of Appeals Officers under Part 13 288. Amendment of section 2 of Act of 2015 289. Continued application and effect of Act of 2015 290. Internal protection 291. Amendment of section 21

(16)of Act of 2015 292. Amendment of section 27
(1)of Act of 2015
  1. Amendment of section 28 of Act of 2015
  2. Amendment of section 62 of Act of 2015 PART 17 Amendments to Other Acts of Oireachtas
  3. Amendment of Irish Nationality and Citizenship Act 1956
  4. Amendment of Child Care Act 1991
  5. Amendment of Act of 1995
  6. Amendment of section 23C of Road Traffic Act 1961
  7. Amendment of Schedule to Bail Act 1997
  8. Amendment of Act of 1999
  9. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000
  10. Amendment of Immigration Act 2003
  11. Amendment of Act of 2004
  12. Amendment of Social Welfare Consolidation Act 2005
  13. Amendment of Schedule 3 to Broadcasting Act 2009
  14. Amendment of Schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012
  15. Amendment of Children First Act 2015
  16. Amendment of section 24 of Prisons Act 2015
  17. Amendment of section 12
(2)of Act of 2018
  1. Amendment of Childcare Support Act 2018
  2. Amendment of section 5
(1)of Criminal Justice (Smuggling of Persons) Act 2021
  1. Amendment of Civil Law (Miscellaneous Provisions) Act 2022
  2. Amendment of section 8 of Employment Permits Act 2024 SCHEDULE 1 Convention Relating to the Status of Refugees Done at Geneva on 28 July 1951 SCHEDULE 2 Protocal Relating to the Status of Refugees Done at New York on 31 January 1967 Acts Referred to Assisted Decision-Making (Capacity) Act 2015 (No. 64) Bail Act 1997 (No. 16) Broadcasting Act 2009 (No. 18) Child Care Act 1991 (No. 17) Childcare Support Act 2018 (No. 11) Children Act 2001 (No. 24) Children First Act 2015 (No. 36) Civil Law (Miscellaneous Provisions) Act 2022 (No. 19) Civil Legal Aid Act 1995 (No. 32) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Civil Service Regulation Acts 1956 to 2005 Companies Act 2014 (No. 38) Courts (Supplemental Provisions) Act 1961 (No. 39) Criminal Justice (Smuggling of Persons) Act 2021 (No. 42) Criminal Law (Human Trafficking) Act 2008 (No. 8) Data Protection Act 2018 (No. 7) Data Sharing and Governance Act 2019 (No. 5) Dentists Act 1985 (No. 9) Education Act 1998 (No. 51) Employment Permits Act 2024 (No. 17) Ethics in Public Office Act 1995 (No. 22) Ethics in Public Office Acts 1995 and 2001 European Arrest Warrant Act 2003 (No. 45) European Convention on Human Rights Act 2003 (No. 20) European Parliament Elections Act 1997 (No. 2) Extradition Act 1965 (No. 17) Health Act 1947 (No. 28) Health Acts 1947 to 2024 Health and Social Care Professionals Act 2005 (No. 27) Housing (Miscellaneous Provisions) Act 2009 (No. 22) Housing Act 1988 (No. 28) Illegal Immigrants (Trafficking) Act 2000 (No. 29) Immigration Act 1999 (No. 22) Immigration Act 2003 (No. 26) Immigration Act 2004 (No. 1) International Protection Act 2015 (No. 66) International War Crimes Tribunals Act 1998 (No. 40) Interpretation Act 2005 (No. 23) Irish Nationality and Citizenship Act 1956 (No. 26) Legal Services Regulation Act 2015 (No. 65) Medical Practitioners Act 2007 (No. 25) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Nurses and Midwives Act 2011 (No. 41) Official Languages Act 2003 (No. 32) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93) Prisons Act 1970 (No. 11) Prisons Act 1972 (No. 7) Prisons Act 2015 (No. 57) Protected Disclosures Act 2014 (No. 14) Protection of Children (Hague Convention) Act 2000 (No. 37) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Refugee Act 1996 (No. 17) Road Traffic Act 1961 (No. 24) Social Welfare Consolidation Act 2005 (No. 26) Solicitors Act 1954 (No. 36) Number 9 of 2026 INTERNATIONAL PROTECTION ACT 2026 An Act to provide for the entry into, and presence in, the State of persons seeking international protection, while having regard also to the power of the Executive in relation to these matters; to give effect to Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 20241 laying down standards for the reception of applicants for international protection (recast); to give further effect to Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 20242 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted; to give further effect to Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 20243 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU; to give further effect to Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 20244 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147; to give further effect to Council Directive 2001/55/EC of 20 July 20015 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 Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 20246 on asylum and migration management; to give further effect to Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 20247 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes; to give further effect to Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 20248 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147; 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 provide for the gathering of information from applicants for international protection; to provide for permission to enter and reside for family members of beneficiaries of international protection; to provide for the removal from the State of certain persons; to provide for the establishment of a body to be known as An Binse um Achomhairc i dtaobh Tearmainn agus Filleadh or, in the English language, as the Tribunal for Asylum and Returns Appeals and to provide for its functions; to provide for the establishment of a body to be known as Oifig an Phríomh Chigire Nósanna Imeachta Teorann um Thearmann or, in the English language, as the Office of the Chief Inspector of Asylum Border Procedures and to provide for its functions; to amend, or repeal certain provisions of, the International Protection Act 2015 ; to amend the Irish Nationality and Citizenship Act 1956 , the Child Care Act 1991 , the Civil Legal Aid Act 1995 , the Immigration Act 1999 , the Illegal Immigrants (Trafficking) Act 2000 , the Immigration Act 2004 , the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 , the Children First Act 2015 and certain other enactments; and to provide for related matters. [22nd April, 2026] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Chapter 1 Preliminary and general Short title and commencement 1.
(1)This Act may be cited as the International Protection Act 2026.
(2)This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different enactments or provisions of enactments effected by section 5 .
(3)A power under this section to appoint a day on which a Part (or a provision thereof) shall come into operation, whether generally or otherwise, includes a power to appoint a particular time, on a particular day, at which the Part (or provision thereof) shall come into operation, whether generally or otherwise, and, accordingly, where a time is so appointed, the Part concerned (or provision thereof) shall come into operation at that time, whether generally or otherwise. Interpretation 2.
(1)In this Act— “absconding” means the action by which an applicant does not remain available to the competent administrative or judicial authorities of a Member State, such as by leaving the territory of the state without permission from the competent authorities, for reasons which are not beyond the applicant’s control; “Act of 1995” means the Civil Legal Aid Act 1995 ; “Act of 1996” means the Refugee Act 1996 ; “Act of 1999” means the Immigration Act 1999 ; “Act of 2004” means the Immigration Act 2004 ; “Act of 2014” means the Companies Act 2014 ; “Act of 2015” means the International Protection Act 2015 ; “Act of 2018” means the Data Protection Act 2018 ; “actors of persecution or serious harm” shall be construed in accordance with Article 6 of the Qualification Regulation; “adequate capacity” means the adequate capacity of the State calculated by the European Commission in accordance with the Asylum Procedures Regulation; “admissibility interview” has the meaning given to it by section 157
(4); “adult” means a person who has attained the age of 18 years; “age assessment” has the meaning given to it by section 55
(1); “applicant”, other than in Part 14 and section 278 , means a third-country national or stateless person who— (
  1. a)has made an application for international protection in accordance with Chapter 1 of Part 3 or on whose behalf such an application has been, or is deemed to have been, made in accordance with that Chapter, and (
  2. b)has not had a final decision taken on his or her application; “applicant in need of special procedural guarantees” means an applicant whose ability to benefit from the rights and comply with the obligations provided for in the Asylum Procedures Regulation and this Act is limited due to individual circumstances, such as specific vulnerabilities; “application” (other than in the definition of “previous application”) means a request for international protection made in accordance with Chapter 1 of Part 3 ; “Asylum Agency” means the European Union Agency for Asylum established by the European Union Agency for Asylum Regulation; “Asylum and Migration Management Regulation” means Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 20249 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013; “Asylum Procedures Regulation” means Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 202410 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, as amended by Regulation (EU) 2026/463 of the European Parliament and of the Council of 24 February 202611 and Regulation (EU) 2026/464 of the European Parliament and of the Council of 24 February 202612 ; “beneficiary of international protection” means a person who has been granted refugee status or subsidiary protection status; “biometric data” means fingerprint data and facial image data; “Chief Appeals Officer” means the person appointed by the Government under section 244
(5)to be the Chief Appeals Officer of the Tribunal; “Chief Inspector” has the meaning given to it by section 259 ; “civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies; “country of origin” has the meaning it has in the Qualification Regulation; “cultural mediator” means a person tasked with assisting applicants at specified points in the procedures under this Act by— (
  1. a)providing information to applicants, (
  2. b)supporting applicants, including in communication with officers of the Minister, and (
  3. c)completing such other tasks as may be necessary; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201613 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); “deportation order” shall be construed in accordance with section 3 of the Act of 1999; “Determining Authority” means the Minister as designated under section 7 ; “Directive 2008/115/EC” means Directive 2008/115/EC of the European Parliament and of the Council of 16 December 200814 on common standards and procedures in Member States for returning illegally staying third-country nationals; “document” includes— (
  4. a)any written matter, (
  5. b)any photograph, (
  6. c)any currency notes or counterfeit currency notes, (
  7. d)any information in non-legible form that is capable of being converted into legible form, (
  8. e)any audio or video recording, and (
  9. f)a travel document or an identity document; “enactment” has the meaning it has in the Interpretation Act 2005 ; “EU acts” means acts adopted by the institutions of the European Union for the purposes of managing migration and establishing a common asylum system at EU level and includes the Asylum and Migration Management Regulation, the Asylum Procedures Regulation, the Eurodac Regulation, the Qualification Regulation and the Reception Conditions Directive; “Eurodac” means the system known as “Eurodac” established under Article 1 of the Eurodac Regulation; “Eurodac Regulation” means Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 202415 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council; “European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950; “European Union Agency for Asylum Regulation” means Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 202116 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010; “facial image data” means digital images of the face with sufficient image resolution and quality to be used in automatic biometric matching; “final decision” has the meaning it has in the Asylum Procedures Regulation; “fingerprint data” means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present, or a latent fingerprint; “Geneva Convention” 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); “High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner; “identity document” 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’s 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; “immigration officer” has the meaning it has in the Act of 2004; “information”, other than in section 284 , includes— (
  10. a)information in the form of a document (or any other thing) or in any other form, and (
  11. b)personal information, including biometric data; “International Criminal Court” means the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on 17 July 1998; “international protection” means refugee status or subsidiary protection status; “international protection guardian” has the meaning that “guardian” has in the Qualification Regulation; “international tribunal” has the meaning it has in the International War Crimes Tribunals Act 1998 ; “legal counselling” means any guidance, information or assistance given to an applicant on matters relating to the application procedure by a person appointed under section 11B
(1)of the Act of 1995 to provide legal counselling and shall include: (
  1. a)guidance on, and explanation of, the procedure in respect of an application, including information on the rights and obligations of the applicant during that procedure; (
  2. b)assistance with the lodging of an application; (
  3. c)guidance on: (
  4. i)the different procedures under which an application may be examined and the reasons for the use of those procedures; (
  5. ii)the rules related to the admissibility of an application; (iii) legal issues arising in the course of the procedure under which the application is examined, including information on how to make an appeal (within the meaning of Part 8 or section 140 , as the case may be); (
  6. iv)guidance on and explanation of the criteria and procedure for determining the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation, including information on rights and obligations during all stages of that procedure; (
  7. v)guidance on and assistance with providing information that could help determine the Member State responsible in accordance with the criteria set out in Chapter II of Part III of the Asylum and Migration Management Regulation; (
  8. vi)guidance and assistance on the template referred to in Article 22
(1)of the Asylum and Migration Management Regulation; “legal representative” shall be construed in accordance with section 28 ; “Member State responsible” means the Member State responsible for the examination of an international protection application in accordance with the Asylum and Migration Management Regulation; “Minister” means the Minister for Justice, Home Affairs and Migration; “minor” means a third-country national or stateless person under the age of 18 years; “persecution” shall be construed in accordance with Article 9 of the Qualification Regulation; “person eligible for subsidiary protection” means a person— (
  1. a)who is not a national of a Member State, (
  2. b)who does not qualify as a refugee, (
  3. 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 (
  4. d)who is not excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation; “personal data” means personal data as defined in Article 4 of the Data Protection Regulation; “personal interview” means an admissibility interview or a substantive interview; “port” has the meaning it has in the Act of 2004; “practising barrister” has the meaning it has in the Legal Services Regulation Act 2015 ; “practising solicitor” has the meaning it has in the Legal Services Regulation Act 2015 ; “prescribed” means prescribed by regulations; “previous application” means— (
  5. a)an application by a person made in accordance with Chapter 1 of Part 3 in respect of which a final decision has been taken, including where an application has been rejected as explicitly or implicitly withdrawn, (
  6. b)an application by a person in another Member State in respect of which a final decision has been taken, including where an application has been rejected as explicitly or implicitly withdrawn, (
  7. c)an application by a person under section 15 of the Act of 2015, in respect of which the Minister has refused to give a refugee declaration or a subsidiary protection declaration, (
  8. d)an application by a person under section 8 of the Act of 1996 in respect of which the Minister has refused to give a refugee declaration, (
  9. e)an application by a person under Regulation 3 of the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 ) in respect of which the Minister has refused to give a subsidiary protection declaration, or (
  10. f)an application by a person under Regulation 4 of the European Communities (Eligibility for Protection) Regulations 2006 ( S.I. No. 518 of 2006 ) in respect of which the Minister has determined that the person is not a person eligible for subsidiary protection; “prison” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes— (
  11. a)a place provided under section 2 of the Prisons Act 1970 , and (
  12. b)a place specified under section 3 of the Prisons Act 1972 ; “protection” (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with Article 7 of the Qualification Regulation; “provisional representative person”, in relation to an unaccompanied minor, means an individual designated under section 46
(1)(a) or section 47
(1)to be a provisional representative person in respect of that minor; “Qualification Regulation” means Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 202417 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council; “real risk of suffering serious harm” shall be construed in accordance with Article 5 of the Qualification Regulation; “Reception Conditions Directive” means Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 202418 laying down standards for the reception of applicants for international protection (recast); “refugee” means— (
  1. a)a person who is— (
  2. i)a third-country national 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 the 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 (
  3. ii)a stateless person who, being outside of the country of former habitual residence for the same reasons as referred to in subparagraph (i), is unable or, owing to such fear, is unwilling to return to that country, and (
  4. b)who is not excluded from being a refugee in accordance with Article 12 of the Qualification Regulation; “refugee status” means the recognition by the State of a third-country national or a stateless person as a refugee; “registered medical practitioner” has the meaning it has in the Medical Practitioners Act 2007 ; “representative person”, in relation to an unaccompanied minor, means an individual appointed under section 46
(1)(b) or section 47
(2)to be a representative person in respect of that minor; “request to remain”, other than in Part 6 , has the meaning given to it by section 189
(1); “safe country of origin” means— (
  1. a)a country that has been designated by the Minister under section 279 as a safe country of origin, or (
  2. b)a country that has been designated at European Union level in accordance with the Asylum Procedures Regulation as a safe country of origin; “safe third country” means— (
  3. a)a country that has been designated by the Minister under section 280 as a safe third country, (
  4. b)a country that has been designated at European Union level in accordance with the Asylum Procedures Regulation as a safe third country, or (
  5. c)a country, other than a Member State or a country to which paragraph (
  6. a)or (
  7. b)applies, that is safe for a specific applicant provided that the conditions in section 280
(3)are met with regard to the applicant; “Screening Regulation” means Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 202419 introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817; “ section 156 notification” has the meaning given to it by section 156
(1); “serious harm” has the meaning it has in Article 15 of the Qualification Regulation; “Service” means the Public Appointments Service; “staff of the Determining Authority” includes persons with whom the Minister or the Determining Authority has entered into a contract for services under section 277 ; “stateless person” has the meaning it has in the Asylum Procedures Regulation; “subsequent application” means an application by a person who has made a previous application; “subsidiary protection status” means the recognition by the State of a third-country national or a stateless person as a person eligible for subsidiary protection; “substantive interview” has the meaning given to it by section 164
(3); “Tribunal” means the body established under section 242 ; “unaccompanied minor” means— (
  1. a)a minor who arrives in the State unaccompanied by an adult responsible for him or her and for as long as that minor is not effectively taken into the care of such an adult, or (
  2. b)a minor who arrives in the State and, after such arrival, is left unaccompanied by an adult responsible for him or her, and for as long as that minor is not effectively taken into the care of such an adult; “Union Resettlement and Humanitarian Admission Framework Regulation” means Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 202420 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147; “well-founded fear of being persecuted” shall be construed in accordance with Article 5 of the Qualification Regulation; “withdrawal of international protection” means a decision by the Minister— (
  3. a)to withdraw refugee status in accordance with section 214
(1), or (b) to withdraw subsidiary protection status in accordance with section 214
(2).
(2)For the purposes of this Act, Article 73 of the Asylum Procedures Regulation shall apply to the calculation of any period of time referred to in or under this Act. Regulations and orders 3.
(1)The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2)Different regulations may be made under this Act in respect of different classes of matter the subject of the prescribing concerned.
(3)A regulation or order under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation or order.
(4)Every regulation or order, other than an order made under section 1
(2), 18 , 43 , 91 , 239
(1), 239
(5), 241 or 258 , made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order, as the case may be, is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order concerned shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Service of documents 4.
(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: (a) by delivering it to the person; (b) by leaving it at the address most recently furnished by him or her to the Minister under section 65
(2)(
  1. b)or, in a case in which an address for service has been furnished, at that address; (
  2. 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 65
(2)(
  1. b)or, in a case in which an address for service has been furnished, at that address; (
  2. d)by sending it to the person by electronic means in accordance with subsection
(2).
(2)For the purposes of subsection
(1)(d), a notice or other document shall be sent to a person— (a) to the email address most recently furnished by him or her to the Minister under section 65
(2)(b), or, in a case in which an email address for service has been furnished, to that email address, or (
  1. b)in a case in which the person is registered on an electronic interface, by sending a notification— (
  2. i)to the email address most recently furnished by him or her to the Minister under section 65
(2)(b), or, in a case in which an email address for service has been furnished, to that email address, or (ii) to the telephone number most recently furnished by him or her to the Minister under section 65
(2)(b), or, in a case in which a telephone number for service has been furnished, to that telephone number, informing the person that the notice or document has been left on the electronic interface.
(3)Where a notice or other document referred to in subsection
(1)has been sent to a person in accordance with— (
  1. a)paragraph (
  2. c)of that subsection, 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 (
  3. b)paragraph (
  4. d)of that subsection, the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s 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.
(4)In this section, “electronic interface” 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. Repeals 5. The following provisions of the Act of 2015 are repealed: (
  1. a)Part 2; (
  2. b)sections 15, 20, 22, 29, 30, 31, 52 and 59; (
  3. c)Part 8. Expenses 6. 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, Infrastructure, Public Service Reform and Digitalisation, be paid out of moneys provided by the Oireachtas. Chapter 2 Designation of Determining Authority, conduct of examinations and application of certain concepts Designation of Determining Authority 7. The Minister is designated as the Determining Authority for the purposes of Article 4 of the Asylum Procedures Regulation. Examinations conducted in accordance with Qualification Regulation 8. For the purposes of this Act, examinations to determine whether a person qualifies as a refugee or is eligible for subsidiary protection shall be conducted by the Determining Authority and the Tribunal in accordance with the provisions of the Qualification Regulation. Individual assessment of applicability of concept of first country of asylum 9. The concept of first country of asylum may only be applied provided that the applicant cannot provide elements justifying why the concept of first country of asylum is not applicable to him or her, in the framework of an individual assessment. First country of asylum for unaccompanied minor 10. A third country may only be considered to be a first country of asylum for an unaccompanied minor where it is not contrary to his or her best interests and where the Minister has first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately benefit from effective protection as defined in Article 57 of the Asylum Procedures Regulation. Application of concept of safe third country 11.
(1)The concept of safe third country may be applied— (
  1. a)where a third country has been designated as a safe third country at European Union level or by order under section 280 , and (
  2. b)in relation to a specific applicant where the country has not been designated as a safe third country at European Union level or by order under section 280, provided that the conditions set out in Article 59
(1)of the Asylum Procedures Regulation are met with regard to that applicant.
(2)The concept of safe third country may only be applied provided that— (
  1. a)the applicant cannot provide elements justifying why the concept of safe third country is not applicable to him or her, in the framework of an individual assessment, and (
  2. b)there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for him or her to go to that country. Safe third country for unaccompanied minor 12. A third country may only be considered to be a safe third country for an unaccompanied minor where it is not contrary to his or her best interests and where the Minister has first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately have access to effective protection as defined in Article 57 of the Asylum Procedures Regulation. Application of concept of safe country of origin 13. The concept of a safe country of origin may only be applied provided that— (
  3. a)the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country, (
  4. b)the applicant does not belong to a category of persons for which an exception was made when designating the third country as a safe country of origin, and (
  5. c)the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment. PART 2 Eurodac and Screening Chapter 1 Eurodac Definitions (Part 2) (Chapter 1) 14. In this Chapter— “designated person” means a person designated by order under section 18 ; “relevant person” means a member of An Garda Síochána, an immigration officer, an officer of the Minister or a designated person. Taking of data and transmission of data to Eurodac 15.
(1)A relevant person shall require a person referred to in Article 15
(1), 20
(1), 22
(1), 23
(1), 24
(1)or 26
(1)of the Eurodac Regulation to— (a) provide biometric data for the purposes referred to in Article 13
(1)of that Regulation, and (b) provide the data required to be transmitted to Eurodac in accordance with Article 17, 21, 22, 23, 24 or 26 of that Regulation, as the case may be.
(2)Where a person is required to provide biometric data or other data in accordance with subsection
(1)— (
  1. a)the person shall comply with the requirement, and (
  2. b)a relevant person shall take the biometric data in accordance with the Eurodac Regulation.
(3)Subject to Articles 13
(5)and 14
(2)of the Eurodac Regulation, where a person fails to comply with a requirement under subsection
(1), the relevant person shall inform the person of— (
  1. a)the obligation to cooperate referred to in section 25 , (
  2. b)the grounds for implicit withdrawal of an application under section 71 , and (
  3. c)the obligations under Article 7 of the Asylum Procedures Regulation.
(4)In taking biometric data under this section, the relevant person shall respect the dignity and physical integrity of the person from whom the biometric data is being taken.
(5)A relevant person shall not take biometric data from a person who is under 6 years of age.
(6)A relevant person shall consider a person to be under 6 years of age where— (
  1. a)the relevant person is uncertain as to whether or not the person is under 6 years of age, and (
  2. b)there is no supporting proof of the age of the person available to the relevant person.
(7)A relevant person shall not take biometric data from a minor, other than in the presence of— (
  1. a)an adult family member of the minor, or (
  2. b)where the minor is an unaccompanied minor— (
  3. i)a provisional representative person or representative person, or (
  4. ii)an employee of, or other person appointed by, the Child and Family Agency, who is trained to safeguard the best interests and general wellbeing of the child.
(8)A relevant person who is taking the biometric data of a minor shall— (
  1. a)before the taking of the biometric data, explain the procedure for the taking of the data to the minor, (
  2. b)take the biometric data in a child-friendly and child-sensitive manner, and (
  3. c)at the time of the taking of the biometric data, have completed appropriate training in relation to the taking of biometric data from minors.
(9)For the purposes of this section and subject to the conclusion of any age assessment, a relevant person shall consider a person to be a minor where— (
  1. a)the relevant person is uncertain as to whether or not the person is under 18 years of age, and (
  2. b)there is no supporting proof of the person’s age available to the relevant person.
(10)Where a minor refuses to comply with a requirement under subsection
(1)and a relevant person considers that there are reasonable grounds for believing there are risks relating to safeguarding or protecting the minor, the relevant person shall notify the Child and Family Agency of that fact.
(11)A relevant person shall transmit the biometric data and other data taken under this section to Eurodac in accordance with the Eurodac Regulation.
(12)A relevant person shall provide a person referred to in Article 15
(1), 20
(1), 22
(1), 23
(1), 24
(1)or 26
(1)with the information referred to in Article 42 of the Eurodac Regulation in accordance with that Article.
(13)In so far as it relates to Article 26 of the Eurodac Regulation, this section shall only apply and have effect on and after 12 June 2029. Taking of data from person referred to in Article 18 of Eurodac Regulation 16.
(1)The Minister may request the relevant authorities of another Member State, the European Union Agency for Asylum or another relevant international organisation to take and transmit to the Minister— (a) the biometric data of persons referred to in Article 18
(1)or
(2)of the Eurodac Regulation for the purposes referred to in Article 13
(1)of the Eurodac Regulation, and (b) the data of such persons required to be transmitted to Eurodac in accordance with Article 19 of that Regulation.
(2)Where the Minister informs a relevant person that a request is not being made under subsection
(1)or that a request is made but the biometric data or other data is not taken and transmitted under subsection
(1), a relevant person shall require a person referred to in Article 18
(1)or
(2)of the Eurodac Regulation to provide the biometric data or other data referred to in subsection
(1)in accordance with Articles 18 and 19 of the Eurodac Regulation.
(3)Where a person is required to provide biometric data or other data in accordance with subsection
(2)— (
  1. a)the person shall comply with the requirement, and (
  2. b)a relevant person shall take the data or cause the data to be taken in accordance with the Eurodac Regulation.
(4)Subsections
(4)to
(12)of section 15 shall apply to the taking of biometric data or other data under subsection
(3)as those subsections apply to the taking of biometric data or other data under that section.
(5)Where a person does not comply with a requirement under subsection
(2), the relevant person shall inform the person of the consequences referred to in Article 7 of the Union Resettlement and Humanitarian Admission Framework Regulation. Management of biometric data and other data 17.
(1)The Minister shall maintain or cause to be maintained a record of biometric data taken under this Chapter.
(2)The record of biometric data of a person referred to in subsection
(1)shall— (
  1. a)be retained for the same period for which the biometric data of such a person may be stored in Eurodac in accordance with Article 29 of the Eurodac Regulation, and (
  2. b)be deleted, or caused to be deleted, by the Minister upon the expiry of the relevant period specified in that Article 29 or when the data is erased from Eurodac in accordance with Article 30 of the Eurodac Regulation.
(3)An Garda Síochána is designated to be the designated authority in the State for the purpose of Article 5 of the Eurodac Regulation (in this section referred to as the “designated authority”).
(4)The Minister shall keep a list of the operating units within the designated authority that are authorised to request comparisons with Eurodac data (within the meaning of the Eurodac Regulation) through the National Access Point designated in accordance with subsection
(9).
(5)Subject to subsection
(6), the Minister may by order designate a unit within An Garda Síochána to be the verifying authority in the State for the purpose of Article 6 of the Eurodac Regulation (in this section referred to as the “verifying authority”).
(6)The verifying authority shall— (a) be separate from the operating units within the designated authority referred to in subsection
(4)and shall not be given instructions by the operating units as regards the outcome of the verification done by the verifying authority in accordance with the Eurodac Regulation, and (b) act independently of the designated authority in performing its functions under the Eurodac Regulation.
(7)A relevant person shall, where necessary, update, erase or delete the data transmitted to Eurodac under this Chapter, in accordance with the Eurodac Regulation.
(8)The Minister shall, as necessary— (
  1. a)erase data from Eurodac in accordance with Article 30 of the Eurodac Regulation, and (
  2. b)mark and unmark data in Eurodac in accordance with Article 31 of the Eurodac Regulation.
(9)The Minister shall by order designate the National Access Point (within the meaning of the Eurodac Regulation) in the State for the purposes of the Eurodac Regulation and this section.
(10)In so far as it relates to Article 26 of the Eurodac Regulation, this section shall only apply and have effect on and after 12 June
  1. Designated person
  2. The Minister may by order designate a person to be a designated person (in this Chapter referred to as a “designated person”) for the purposes of the performance of the functions of a designated person under this Chapter. Offence of processing data in Eurodac contrary to Article 1 of Eurodac Regulation 19.
(1)A person who engages in the processing of data recorded in Eurodac in a manner or for a purpose that is contrary to the purpose for which the information is recorded in Eurodac, as referred to in Article 1 of the Eurodac Regulation, shall be guilty of an offence and shall be liable on summary conviction to a class A fine.
(2)In subsection
(1), “processing” has the same meaning as it has in Article 4
(2)of the Data Protection Regulation. Chapter 2 Screening Definitions (Part 2) (Chapter 2) 20. In this Chapter— “children detention school” has the meaning it has in the Children Act 2001 ; “guardian”, in relation to a minor, includes a person exercising parental responsibility (within the meaning of paragraph 2 of Article 1 of the Hague Convention as set out in the Schedule to the Protection of Children (Hague Convention) Act 2000 ) in respect of the minor; “healthcare professional” means— (
  1. a)a registered medical practitioner, (
  2. b)a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or (
  3. c)a member of one or more than one of the following designated professions within the meaning of the Health and Social Care Professionals Act 2005 , namely: (
  4. i)psychologist; (
  5. ii)social care worker; (iii) social worker; (
  6. iv)such other designated profession, within the meaning of section 3 of that Act, as the Minister, following consultation with the Minister for Health, may prescribe; “qualified medical professional” means— (
  7. a)a registered medical practitioner, (
  8. b)a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or (
  9. c)a paramedic or advanced paramedic within the meaning of the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 ) and the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); “screening centre” means a premises designated to be a screening centre under section 21 . Designation of screening centre 21.
(1)The Minister may designate a premises to be a screening centre where the Minister is satisfied that the premises is suitable to be so designated having regard to the purposes of this Part.
(2)The Minister shall publish a notice of a designation, including the location of the premises designated and the date of the designation, on a website maintained by or on behalf of the Minister or the Government as soon as practicable after the designation. Obligation to travel to screening centre 22.
(1)Subject to subsections
(4)and
(6), an applicant who makes an application, or on whose behalf an application is made or deemed to have been made, under Chapter 1 of Part 3 , at a place other than a screening centre, shall travel to a screening centre in accordance with a direction under subsection
(2).
(2)A member of An Garda Síochána, an immigration officer or an officer of the Minister may give a direction to an applicant referred to in subsection
(1)and the applicant shall comply with the direction.
(3)A direction under subsection
(2)shall be in writing and given in a language the applicant understands or is reasonably supposed to understand and, where given to an applicant referred to in subsection
(5), shall state the reason for the direction.
(4)Subject to subsection
(5), an applicant shall not be subject to the obligation referred to in subsection
(1)where— (
  1. a)the applicant holds a valid registration certificate under section 9(4A) of the Act of 2004, or (
  2. b)the applicant is a minor exempted from the obligation to register under section 9
(6)(a) of the Act of 2004 and the minor’s parent or guardian holds a valid registration certificate under that section 9(4A).
(5)Where a member of An Garda Síochána, an immigration officer or an officer of the Minister has reasonable grounds for believing that it is in the interests of public policy or national security for an applicant to whom paragraph (a) or (b) of subsection
(4)applies to be subject to the obligation referred to in subsection
(1), the member or officer may give the applicant a direction referred to in subsection
(2).
(6)Where the Minister considers it appropriate, the Minister may exempt an applicant to whom one of the following paragraphs applies from the obligation referred to in subsection
(1)— (
  1. a)an applicant serving a term of imprisonment in a prison, (
  2. b)an applicant detained in a children detention school, (
  3. c)an applicant— (
  4. i)in respect of whom a warrant has been issued under section 26 or 27 of the Extradition Act 1965 , (
  5. ii)who is subject to committal under section 29 of that Act, (iii) who has consented to surrender or is committed under section 29A of that Act, or (
  6. iv)who is subject to surrender under section 33 or 33A of that Act, (
  7. d)an applicant in respect of whom a European arrest warrant (within the meaning of the European Arrest Warrant Act 2003 ) has been issued, or (
  8. e)an applicant considered by a registered medical practitioner to be incapable for medical reasons of travelling to a screening centre. Alternative arrangements for screening of certain applicants 23.
(1)Where section 22
(4)or
(6)applies to an applicant, the Minister may, where the Minister considers it necessary, make alternative arrangements to ensure that the procedures under this Part are carried out in respect of the applicant as soon as practicable.
(2)Where alternative arrangements are made in respect of an applicant referred to in subsection
(1), the Minister shall by notice in writing and in a language the applicant understands or is reasonably supposed to understand— (a) inform the applicant of the reason the obligation referred to in section 22
(1)shall not apply to the applicant, (
  1. b)inform the applicant of the alternative arrangements, (
  2. c)require the applicant to comply with the alternative arrangements, and (
  3. d)inform the applicant of the consequences of failing to comply with the alternative arrangements.
(3)Without prejudice to the generality of subsection
(1), alternative arrangements may include a requirement made by the Minister that an applicant present to a screening centre at a time specified by the Minister or that the procedures referred to in subsection
(1)be carried out at a location other than a screening centre. Obligation to inform applicant 24. Where an applicant (other than an applicant referred to in section 22
(6)(e)) refuses or fails to comply with a direction under section 22
(2)or a requirement made for the purposes of alternative arrangements under section 23 , a member of An Garda Síochána or an immigration officer shall inform the applicant of— (
  1. a)the obligations to cooperate referred to in section 25 and 67 , (
  2. b)the grounds for implicit withdrawal of an application under section 71 , and (
  3. c)the powers under Part 5 . Obligations of applicant under Part 2 25. An applicant shall— (
  4. a)cooperate fully with the Minister or any other person performing a function under this Part, (
  5. b)comply with any requirement or direction given under this Part, (
  6. c)where requested by an officer of the Minister, provide the officer with— (
  7. i)the applicant’s name, previously used names (if any), aliases (if any), date of birth, sex, and nationality, (
  8. ii)where necessary for the purposes of this Act, evidence of family relationships between the applicant and other persons, and (iii) any other information required in order for the Minister to complete the form referred to in section 33 , and (
  9. d)where available and requested by the Minister, provide the Minister with documents or information that prove any of the matters referred to in paragraph (c). Provision of information to applicant 26.
(1)The Minister shall inform the applicant concerned, as soon as practicable after the making of an application, and at the latest when the application is registered, of— (
  1. a)the time limits and stages of the procedure in respect of an application, including the procedures that may be carried out under this Part, (
  2. b)the rights of an applicant, in particular— (
  3. i)the right to lodge an application in accordance with section 40 , (
  4. ii)the rights of the applicant under the Asylum and Migration Management Regulation, (iii) the right, for the purposes of his or her application, to legal counselling in accordance with section 27 , (
  5. iv)the right, for the purposes of his or her application, to consult a legal representative in accordance with section 28
(1), and (
  1. v)the right to apply for legal advice and legal aid in accordance with the Act of 1995, (
  2. c)the obligations of an applicant, including under this Part, sections 41 and 67 , and the Asylum and Migration Management Regulation, (
  3. d)the means by which the applicant may fulfil the obligation to submit the elements of the application referred to in Article 4 of the Qualification Regulation and section 41 , (
  4. e)the consequences under section 71 of non-compliance by the applicant with the applicant’s obligations, (
  5. f)the rights conferred on an applicant as a data subject under the Data Protection Regulation and the Act of 2018, (
  6. g)the process for voluntary return under section 213 , (
  7. h)such provisions of this Act or any other enactment as the Minister considers to be relevant, in particular section 5
(3)of the Act of 2004, (
  1. i)the matters referred to in Article 42 of the Asylum and Migration Management Regulation, and (
  2. j)the right of the applicant to arrange for a medical examination in accordance with Article 24
(3)of the Asylum Procedures Regulation.
(2)The information referred to in subsection
(1)shall be given to the applicant in writing, in paper or electronic format, and, if the Minister considers necessary, orally, and in a language the applicant understands or is reasonably supposed to understand.
(3)The Minister shall give an applicant the opportunity to confirm that the applicant has received the information referred to in subsection
(1)and the Minister shall record the confirmation or refusal to confirm in the applicant’s file.
(4)Where the Minister considers it appropriate, the Minister may permit a relevant and competent national or international organisation or body or non-governmental organisation or body to provide an applicant with further information relevant to the matters referred to in subsection
(1). Legal counselling 27.
(1)An applicant may request legal counselling at any stage— (a) during the procedure in respect of an application and, without prejudice to subsection
(2), until the Determining Authority has made a decision on his or her application, and (b) during the procedure to determine the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation.
(2)Where an applicant makes a request under subsection
(1)(a), legal counselling shall, subject to subsection
(4), be provided to him or her as soon as practicable and in accordance with Article 16 of the Asylum Procedures Regulation.
(3)Where an applicant makes a request under subsection
(1)(b), legal counselling shall, subject to subsection
(4), be provided to him or her as soon as practicable and in accordance with Article 21 of the Asylum and Migration Management Regulation.
(4)The provision of legal counselling may be excluded where the applicant is already assisted by a legal representative.
(5)Where an applicant has been provided with legal counselling in accordance with this section, or where legal counselling has been excluded in accordance with subsection
(4), the Minister shall record such provision or exclusion in the applicant’s file. Consultation with legal representative 28.
(1)An applicant may consult a legal representative for the purpose of obtaining legal advice— (
  1. a)in respect of his or her application, at any stage during the procedure in respect of an application, (
  2. b)during the procedure to determine the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation in respect of the application of that procedure, and (
  3. c)in respect of an appeal within the meaning of Part 8 or an appeal under section 109 , 140 or 215
(1).
(2)The functions of a legal representative under this Act shall be performed by a practising solicitor or a practising barrister.
(3)In this section, “legal advice” shall be construed in accordance with the Legal Services Regulation Act 2015 . Preliminary health assessment 29.
(1)Subject to subsections
(2),
(6)and
(7), an applicant shall be subject to a preliminary assessment of the applicant’s health (in this section referred to as a “preliminary health assessment”) carried out by a qualified medical professional for the purposes of identifying whether the applicant— (
  1. a)requires urgent or acute medical care, or (
  2. b)has or may have an illness which may pose a threat to public health, including an infectious disease (within the meaning of the Health Act 1947 ).
(2)An applicant shall not be subject to a preliminary health assessment where— (
  1. a)the applicant holds a valid registration certificate under section 9(4A) of the Act of 2004, or (
  2. b)the applicant is a minor exempted from the obligation to register under section 9
(6)(a) of the Act of 2004 and the minor’s parent or guardian holds a valid registration certificate under that section 9(4A), unless the applicant or, where the applicant is a minor, the applicant’s parent or guardian, requests that a preliminary health assessment be carried out.
(3)Subject to subsection
(4), a preliminary health assessment shall consist of one or more than one of the following, as considered appropriate by a qualified medical professional for the purposes referred to in subsection
(1): (
  1. a)an interview with the applicant in relation to the applicant’s health and medical history; (
  2. b)an examination of the applicant by a qualified medical professional; (
  3. c)such medical tests as a qualified medical professional considers appropriate.
(4)A preliminary health assessment shall be the least invasive possible for the purposes referred to in subsection
(1).
(5)A report of a qualified medical professional completed in respect of a preliminary health assessment conducted in respect of an applicant under this section shall— (
  1. a)be provided to the registered medical practitioner conducting the examination referred to in section 148 (if any), (
  2. b)be made available to the applicant as soon as practicable, and (
  3. c)be accessible to the Minister and, where applicable, the Tribunal.
(6)An applicant may refuse to undergo a preliminary health assessment or, at any point during the conduct of the preliminary health assessment, request that the preliminary health assessment cease, and in either such case the preliminary health assessment shall not be carried out or shall cease unless a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection
(1)(b).
(7)In the case of an applicant who is a minor, the preliminary health assessment shall only be carried out with the consent of the minor’s parent, such other adult who has responsibility for the care and protection of the minor, a provisional representative person or a representative person, as the case may be and, where such consent is not provided, the preliminary health assessment shall only be carried out where a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection
(1)(b).
(8)Where subsection
(6)applies or consent is not provided in accordance with subsection
(7), the preliminary health assessment shall only be done in so far as is necessary for the purposes of subsection
(1)(b).
(9)An applicant shall be informed by an officer of the Minister or a qualified medical professional, prior to the conduct of a preliminary health assessment under this section, of— (a) the right to refuse to undergo a preliminary health assessment or to request that such an assessment cease in accordance with subsection
(6), and (
  1. b)the fact that the report completed in respect of the preliminary health assessment shall— (
  2. i)be provided to the registered medical practitioner for the purposes of section 148 , and (
  3. ii)be accessible to the Minister and, where applicable, the Tribunal.
(10)The Minister for Health and the Health Service Executive shall provide the Minister with such assistance as is necessary for the purposes of this section.
(11)A preliminary health assessment done in respect of an applicant under this section may be taken into account for the purposes of the applicant’s medical examination referred to in section 148 . Preliminary vulnerability assessment 30.
(1)An officer or agent of the Minister referred to in subsection
(2)shall carry out or cause to be carried out an assessment of an applicant (in this section referred to as a “preliminary vulnerability assessment”) for the purpose of identifying whether the applicant may— (
  1. a)be a stateless person, (
  2. b)be vulnerable or a victim of torture or other inhuman or degrading treatment, (
  3. c)have special reception needs within the meaning of Article 24 of the Reception Conditions Directive, or (
  4. d)require special procedural guarantees within the meaning of Article 21 of the Asylum Procedures Regulation.
(2)A preliminary vulnerability assessment shall be carried out by officers or agents of the Minister who have received specialised training in the conduct of such assessments and the officers or agents of the Minister may be assisted in the conduct of such assessments by healthcare professionals who have received specialised training in the conduct of such assessments and with whom or in respect of whom the Minister has entered into a contract for services.
(3)Subject to subsection
(4)and section 33
(1)(e), the results of the preliminary vulnerability assessment may be transmitted to the Determining Authority where the applicant so consents.
(4)The Minister shall, when registering an application under section 39 , include information on any first indications that the applicant may require special procedural guarantees in accordance with Article 20
(2)of the Asylum Procedures Regulation in the applicant’s file and shall make that information available to the Determining Authority.
(5)Where the Minister considers that the applicant requires special procedural guarantees referred to in subsection
(1)(d), the Minister shall make arrangements to provide such guarantees in such form and manner as the Minister considers appropriate.
(6)A preliminary vulnerability assessment and a preliminary health assessment under section 29 may, where appropriate, form part of, or the entirety of, the assessment under section 81 or Article 20 of the Asylum Procedures Regulation.
(7)A preliminary vulnerability assessment may include an assessment as to whether a personal interview under section 151 would be in the best interests of an applicant who is a minor. Guarantees for minors 31.
(1)The best interests of the child shall be a primary consideration in the carrying out of procedures in respect of a minor under this Part.
(2)Subject to subsection
(3), an applicant who is a minor who is provided with information orally under section 26 or who is subject to the procedures under section 29 or 30 shall be accompanied by the minor’s parent, or such other adult who has responsibility for the care and protection of the minor, while being provided with that information or for the duration of those procedures, as the case may be.
(3)The Minister shall, as soon as practicable, ensure that a provisional representative person, representative person or an employee of, or other person appointed by, the Child and Family Agency accompanies the minor while the minor is being provided with the information or for the duration of the procedures referred to in subsection
(1), where— (
  1. a)the minor’s parent or such other adult who has responsibility for the care and protection of the minor cannot be contacted, (
  2. b)the minor’s parent or such other adult who has responsibility for the care and protection of the minor refuses to, or cannot, accompany the minor, or (
  3. c)the attendance of the minor’s parent or such other adult who has responsibility for the care and protection of the minor is not, on justified grounds, considered to be in the best interests of the minor by the Child and Family Agency.
(4)For the purposes of subsection
(3)(c), “justified grounds” includes but is not limited to circumstances where: (
  1. a)the minor is not receiving adequate care and protection; (
  2. b)the minor requests that a person other than the minor’s parent or such other adult who has responsibility for the care and protection of the minor attend. Search of applicant 32.
(1)An applicant shall, when required so to do by a member of An Garda Síochána, an immigration officer or an officer of the Minister, declare whether or not the applicant is carrying or conveying any documents and, if so required, shall produce the documents to the member or officer.
(2)A member of An Garda Síochána, an immigration officer or an officer of the Minister may search an applicant and any luggage belonging to the applicant or under the applicant’s control with a view to ascertaining whether the applicant is carrying or conveying any documents where— (
  1. a)it is reasonably necessary to do so for reasons of national security, (
  2. b)it is necessary and duly justified to do so for the purpose of examining an application for international protection, including for the purpose of informing the applicant of the procedure under which the application shall be examined under Part 7 or for the purpose of verifying the identity or nationality of the applicant, or (
  3. c)the member or officer has a reasonable suspicion that one or more than one of the following offences is being committed or that the applicant may have evidence of or relating to such an offence in the applicant’s possession: (
  4. i)an offence under subsection
(9), section 69
(6)or 209; (ii) an offence under section 2 , 4 or 5 of the Criminal Law (Human Trafficking) Act 2008 ; (iii) an offence under section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021 .
(3)A member of An Garda Síochána may examine and retain a document produced under subsection
(1)or found during a search under subsection
(2)for as long as the member reasonably believes it to be necessary for reasons of national security or reasonably believes it to be evidence of or relating to an offence referred to in subsection
(2)(c).
(4)An immigration officer or an officer of the Minister may examine a document produced under subsection
(1)or found during a search under subsection
(2)and shall, where the officer reasonably believes the document to relate to matters of national security or to be evidence of or relating to an offence referred to in subsection
(2)(c), give the document to a member of An Garda Síochána as soon as practicable after it is produced or found and may retain the document only for so long as is necessary to give the document to the member.
(5)A member of An Garda Síochána, an immigration officer or an officer of the Minister may examine and retain a document produced under subsection
(1)or found during a search under subsection
(2)for as long as the member or officer considers it reasonably necessary to assist in— (
  1. a)the examination of an application for international protection under Part 7 , (
  2. b)the consideration of an appeal under Part 8 , or (
  3. c)the carrying out of a return under Part 11 .
(6)An applicant shall, if so required by a member of An Garda Síochána, an immigration officer or an officer of the Minister, provide all reasonable assistance in relation to the operation of any devices in which documents are or may be stored or access to the documents stored in those devices, including— (
  1. a)providing the documents to a member or officer in a form in which the documents can be taken away and in which the documents are, or can be made, legible and comprehensible, (
  2. b)giving to a member or officer any password necessary to make the relevant documents concerned legible and comprehensible, or (
  3. c)otherwise enabling a member or officer to examine the relevant documents in a form in which the document is legible and comprehensible.
(7)A search of the applicant’s person under subsection
(2)shall be carried out by a person of the same sex as the applicant and in full respect for the human dignity of the applicant and the applicant’s physical and psychological integrity.
(8)A member of An Garda Síochána, an immigration officer or an officer of the Minister shall— (
  1. a)inform the applicant of the reasons for the search before conducting the search, (
  2. b)before conducting the search, give the applicant a warning, in a language that the applicant understands or is reasonably supposed to understand, that a failure to comply with the requirements of subsection
(1)or
(6)is an offence, and (c) include a note of the reasons for the search in the applicant’s file.
(9)A person who contravenes subsection
(1)or
(6)shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or both. Screening form 33.
(1)The Minister shall complete a form (either in paper or electronic format, as the Minister considers appropriate) containing the following information— (
  1. a)the applicant’s name, date of birth, place of birth, and gender, (
  2. b)an indication of the nationalities or statelessness of the applicant, the countries of residence of the applicant prior to the applicant’s arrival in the State and the languages spoken by the applicant, (
  3. c)the reason for which screening was performed, (
  4. d)such information as the Minister considers relevant from the report of a qualified medical professional arising from the preliminary health assessment carried out in accordance with section 29 , (
  5. e)such information as the Minister considers relevant from the preliminary vulnerability assessment carried out in accordance with section 30 , in particular any vulnerability or special reception needs under Article 25 of the Reception Conditions Directive or requirement for special procedural guarantees under Article 21 of the Asylum Procedures Regulation identified, (
  6. f)confirmation that the applicant made an application, (
  7. g)information provided by the applicant as to whether the applicant has family members located on the territory of any Member State, (
  8. h)whether the consultation of Eurodac or any other database or system referred to in Article 15 of the Screening Regulation in respect of the applicant resulted in a hit, (
  9. i)whether the applicant has, in so far as it is applicable, complied with the obligations to cooperate in accordance with sections 25 and 67 , and (
  10. j)such other information as the Minister may prescribe having regard to the purposes of this Act.
(2)A form referred to in subsection
(1)shall, where applicable, include— (
  1. a)the reason for the irregular arrival or entry of an applicant in the State, (
  2. b)information on routes travelled by an applicant, including the point of departure, places of previous residence, third countries of transit, third countries where international protection may have been sought by the applicant or granted to the applicant and the intended destination of the applicant within the European Union, (
  3. c)copies or detail of travel or identity documents carried by an applicant, and (
  4. d)any comments of the Minister or other relevant information, including any related information in cases of suspected smuggling or trafficking in human beings.
(3)Where appropriate, the Minister shall state on the form referred to in subsection
(1)whether the information contained in the form is based on the declaration of the applicant or whether it has been verified by the Minister.
(4)Subject to subsection
(5), the Minister shall make a copy of the form available in either paper or electronic format to the applicant.
(5)Before making a copy of the form available to the applicant under subsection
(4), the information referred to in subsection
(1)(h) and
(2)(d) shall be redacted by the Minister from the form to the extent necessary and proportionate for the purpose of the restrictions referred to in section 60
(3)(a)(ii) of the Act of 2018.
(6)The Minister shall request the applicant to confirm the accuracy of the information in the form and, where the applicant disputes the accuracy of any of the information, the Minister shall include a statement to that effect in the form.
(7)The Minister may give a copy of the form to, and the copy form may be used by— (
  1. a)the Determining Authority for the purposes of the consideration of the applicant’s application under Part 7 , (
  2. b)the Tribunal for the purposes of the performance of functions under Part 8 , and (
  3. c)the Minister or another Member State for the purpose of performance of functions under Part 6 or Part 11 .
(8)The form to be completed under subsection
(1)shall be in such form as the Minister may specify and the Minister shall publish the specified form on a website maintained by or on behalf of the Minister or the Government.
(9)In this section, “hit” means— (
  1. a)the existence of a match established by Eurodac by means of a comparison between biometric data recorded in the computerised central database and those transmitted in accordance with Chapter 1 with regard to a person, and (
  2. b)in relation to any other database or system referred to in Article 15 of the Screening Regulation, the existence of a match established by that database or system by means of a comparison between biometric or other data recorded in that database or system and those submitted by means of a query through the database or system operator. Cultural mediator 34. The Minister may make arrangements to allow cultural mediators to assist an applicant during the carrying out of the procedures under this Part, including by the provision of information to the applicant and the provision of support to the applicant in the applicant’s communication with officers of the Minister. Termination of screening 35.
(1)Subject to subsection
(2), the Minister and any other person carrying out procedures in respect of a person under this Part shall endeavour to carry out those procedures as soon as practicable and, where possible, no later than— (a) 7 days after the person arrives at a screening centre, or (b) in the case of an applicant referred to in section 23
(1), 7 days after the procedures have commenced in respect of the applicant in accordance with alternative arrangements referred to in that section.
(2)Nothing in subsection
(1)shall operate to prevent the Minister or any other person from performing a function under this Part after the expiry of the period referred to in subsection
(1).
(3)Subject to subsection
(4), the procedures under this Part shall be terminated immediately where— (
  1. a)the person expresses an intention to withdraw the application concerned under section 70 , (
  2. b)the person is arrested on suspicion of committing an offence, (
  3. c)the person is surrendered under the Extradition Act 1965 , or (
  4. d)the person is considered by a registered medical practitioner to be unable to be the subject of procedures under this Part for reasons of ill-health.
(4)Where the procedures under this Part are terminated in accordance with subsection
(3)the Minister— (
  1. a)may— (
  2. i)complete, in so far as practicable, the form referred to in section 33 in respect of the person, and (
  3. ii)require the applicant to comply with alternative arrangements under section 23 , and (
  4. b)shall record the reason why the procedures were terminated under subsection
(3)in the form referred to in section 33 . PART 3 Application for International Protection Chapter 1 Making, registration and lodgement of application Application for international protection 36.
(1)Subject to sections 37 and 38 , a third-country national or stateless person, including an unaccompanied minor, who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection.
(2)An application under this section shall be considered to have been made where a person referred to in subsection
(1)expresses his or her wish to receive international protection in person to— (
  1. a)an officer of the Minister, (
  2. b)a member of An Garda Síochána, (
  3. c)an immigration officer, or (
  4. d)a governor of a prison.
(3)Where an application is made to a person referred to in paragraph (b) or (d) of subsection
(2), that person shall inform the Minister of the making of the application as soon as practicable and at the latest within 3 working days from when the application is made. Application on behalf of minor 37.
(1)Subject to subsection
(2), an application on behalf of a minor who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) shall be made by the minor’s parent or such other adult who has responsibility for the care and protection of the minor (in this section referred to as the “person responsible”).
(2)An application shall be deemed to have been made on behalf of a minor where the parent of, or person responsible for, the minor makes an application under section 36 and the minor is present at the making of the application.
(3)Where a minor— (
  1. a)is born in the State while the parent of, or person responsible for, the minor is an applicant, or (
  2. b)enters the State while the parent of, or person responsible for, the minor is an applicant, the parent or person responsible shall inform the Minister and the Minister shall direct the parent or person responsible to attend with the minor at a specified place on a specified date and, where communicated, time for the purpose of making, registering and lodging an application on behalf of the minor.
(4)An application— (a) deemed to have been made on behalf of a minor under subsection
(2), or (b) made on behalf of a minor under subsection
(3)prior to a decision being taken by the Determining Authority at first instance in respect of the application of the parent or person responsible, shall be examined in conjunction with the application of the parent or person responsible.
(5)Subsections
(2)and
(3)shall not apply where the minor is— (
  1. a)an Irish citizen, or (
  2. b)a Union citizen as defined in Regulation 2 of the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ).
(6)For the purposes of this section, the Minister may request that a birth certificate or other appropriate documentary evidence is submitted to him or her to substantiate the relationship between the minor and the person making the application on his or her behalf, including in relation to the— (
  1. a)age and nationality of the person making the application on behalf of the minor, and (
  2. b)the nature of relationship between the minor and the person making the application on his or her behalf. Application on behalf of person lacking capacity 38.
(1)This section applies to an adult who— (
  1. a)lacks capacity to make an application under section 36 , and (
  2. b)is otherwise eligible to make an application under section 36 .
(2)An application may be made and lodged on behalf of a person to whom this section applies (in this section referred to as the “person concerned”)— (
  1. a)where the person concerned is a ward of court, by his or her committee, (
  2. b)where the person concerned is subject to a decision-making representation order which authorises a decision-making representative to make an application on behalf of the person concerned, by the person concerned’s decision-making representative, (
  3. c)where the person concerned is subject to an order capable of being recognised in the State pursuant to section 124 of the ADMC Act, whether or not such an order has actually been recognised by a court in the State pursuant to section 125 of that Act, by the person authorised under that order to take decisions on behalf of the person concerned, provided that such authorised person is at the frontier of the State or is in the State, (
  4. d)where the person concerned is subject to a registered co-decision-making agreement which provides for the joint making by the appointer and a co decision-maker of an application, by the appointer, provided that it is signed jointly by the appointer and the co-decision-maker, or (
  5. e)where the person concerned is not a person referred to in paragraphs (
  6. a)to (d), subject to subsection
(3), by a person of full age and capacity who is the spouse, civil partner, parent or child of the person concerned, or otherwise who the Minister is satisfied has a bona fide interest in the welfare of the person concerned.
(3)For the purposes of ascertaining whether an application may be made or lodged under subsection
(2)(
  1. e)on behalf of a person, the Minister may— (
  2. a)request that a medical report, or such other appropriate documentary evidence relating to the capacity of the person concerned, be submitted to him or her, or (
  3. b)request that the person concerned attend a registered medical practitioner for the purposes of obtaining a report to the Minister in relation to the capacity of the person concerned.
(4)The costs of and incidental to the preparation of a report referred to in subsection
(3)(b) shall be borne by the Minister.
(5)The amount payable under subsection
(4)shall not exceed such amount as is specified from time to time by the Minister, in consultation with the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.
(6)In this section— “ADMC Act” means the Assisted Decision-Making (Capacity) Act 2015 ; “appointer” has the same meaning as it has in Part 4 of the ADMC Act; “capacity” shall be construed in accordance with section 3 of the ADMC Act; “co-decision-maker” has the same meaning as it has in Part 4 of the ADMC Act; “co-decision-making agreement” has the same meaning as it has in Part 4 of the ADMC Act; “decision-making representation order” has the same meaning as it has in the ADMC Act; “decision-making representative” has the same meaning as it has in the ADMC Act. Registration of application 39.
(1)The Minister is designated as the competent authority to register applications for international protection pursuant to Article 4
(3)of the Asylum Procedures Regulation.
(2)Without prejudice to the obligations to collect and transmit data in accordance with Chapter 1 of Part 2 , the Minister shall register the following information from an applicant in accordance with Article 27 of the Asylum Procedures Regulation by recording the information in a form (in this Part referred to as an “international protection application form”): (
  1. a)the applicant’s name; (
  2. b)the applicant’s date and place of birth; (
  3. c)the applicant’s gender; (
  4. d)the applicant’s nationality or nationalities or whether the applicant is stateless; (
  5. e)the applicant’s family members as defined in Article 2 of the Asylum and Migration Management Regulation; (
  6. f)in the case of an applicant who is a minor, the applicant’s siblings or relatives within the meaning of the Asylum and Migration Management Regulation present in a Member State, where applicable; (
  7. g)where available, the type, number and period of validity of any identity or travel document of the applicant and the country that issued that document and other documents provided by the applicant which the Minister deems relevant for the purposes of identifying the applicant for the purposes of this Act and the Asylum and Migration Management Regulation; (
  8. h)the date of the application, the place where the application was made and the person to whom the application was made; (
  9. i)the applicant’s location or the applicant’s place of residence or address; (
  10. j)where available, a telephone number and an email address which can be used to contact the applicant; (
  11. k)such other information relevant for the purposes of this Act and the Asylum and Migration Management Regulation.
(3)Information collected from an applicant for the purposes of completing the form in section 33 may be used by the Minister for the purposes of subsection
(2).
(4)An applicant shall be provided with the services of an interpreter during the registration process whenever appropriate communication cannot be otherwise ensured. Lodgement of application 40.
(1)Subject to section 37
(3)and subsections
(3)to
(7), an applicant shall lodge his or her application with the Minister by— (
  1. a)attending a place on a date and, where communicated, time specified by the Minister, and (
  2. b)at that place providing information to the Minister, which shall be recorded in the applicant’s international protection application form.
(2)Where practicable, the lodgement shall take place at the same time as the registration of an application.
(3)An application may be lodged on behalf of an applicant who is a minor— (
  1. a)by the minor’s parent or such other adult who has responsibility for the care and protection of the minor, or (
  2. b)in the case of an unaccompanied minor, by a provisional representative person or a representative person.
(4)Where an application is lodged on behalf of a minor in accordance with subsection
(3), the requirement under subsection
(1)to attend a specified place for the purpose of lodging the application shall apply both to the minor and to the person who is lodging the application on behalf of the minor except where there are justified reasons for which the minor is unable or unfit to be present.
(5)An application shall be deemed to have been lodged on behalf of an applicant who is a minor where the parent of, or such other adult who has responsibility for the care and protection of, the minor lodges an application under subsection
(1)and the minor is present at the lodgement of the application.
(6)Where section 38 applies in respect of a person, the requirement under subsection
(1)to lodge an application in person shall not apply where there are justified reasons for which the person is unable or unfit to be present and where such reasons exist, it shall be sufficient for the person who is lodging the application on his or her behalf in accordance with section 38
(2)to attend a place on a date and, where communicated, time, specified by the Minister for the purpose of lodging the application.
(7)Where an applicant cannot comply with subsection
(1)due to imprisonment or long term hospitalisation, the Minister shall make alternative arrangements for the lodgement of the application.
(8)An applicant shall be provided with the services of an interpreter when lodging his or her application whenever appropriate communication cannot be otherwise ensured.
(9)Following the lodgement of an application, the Minister shall inform the applicant as soon as practicable in relation to how his or her application will be examined under Part 7 .
(10)The Minister shall notify the High Commissioner in writing of the lodgement of an application.
(11)A notification under subsection
(10)shall include— (
  1. a)the name of the applicant, (
  2. b)the applicant’s country of origin, and (
  3. c)such other information as the Minister considers appropriate.
(12)The type of information to be included in an international protection application form under section 39 and subsection
(1)(b) shall be specified by the Minister and published on a website maintained by or on behalf of the Minister or the Government. Submission of elements and documents 41.
(1)When an applicant lodges his or her application, he or she shall, in accordance with Article 4 of the Qualification Regulation, without undue delay submit to the Determining Authority all the elements and documents available to him or her which are needed to substantiate his or her application.
(2)Notwithstanding subsection
(1), an applicant may submit to the Determining Authority any additional elements or documents relevant to the examination of his or her application prior to a decision being taken on his or her application, in particular at his or her personal interview.
(3)An applicant shall endeavour to submit any additional elements and documents relevant to the examination of his or her application within the period ending 5 days after the day on which the applicant’s substantive interview takes place in accordance with section 164 .
(4)An applicant may not make a new application in advance of a final decision being made in respect of his or her application under Part 7 or Part 8 , as the case may be, (in this subsection referred to as the “current application”) and any representations made by an applicant before a final decision is made in respect of the current application shall be considered to be further representations in respect of the current application and shall not constitute a new application.
(5)Without prejudice to the generality of this section, in this section “elements and documents” shall include the following: (
  1. a)the applicant’s statements; (
  2. b)all documents at the applicant’s disposal in relation to: (
  3. i)the applicant’s reason for applying for international protection; (
  4. ii)the applicant’s age; (iii) the applicant’s background, including that of relevant family members and other relatives; (
  5. iv)the applicant’s identity; (
  6. v)the applicant’s nationality or nationalities; (
  7. vi)the applicant’s country or countries, and place or places of previous residence; (vii) any previous applications made by the applicant; (viii) the results of a resettlement or humanitarian admission procedure relating to the applicant as defined by the Union Resettlement and Humanitarian Admission Framework Regulation; (
  8. ix)the applicant’s travel routes; (
  9. x)the applicant’s travel documents. Chapter 2 Appointment of representatives for unaccompanied minors Definition (Part 3) (Chapter 2) 42. In this Chapter, “representative organisation” means an organisation designated under section 46
(1)(a) or appointed under section 46
(1)(b) as a representative organisation. Competent authority (Part 3) (Chapter 2)
  1. The Minister shall by order designate a person to perform the functions of the competent authority under this Chapter. Best interests of child (Part 3) (Chapter 2)
  2. The best interests of the child shall be a primary consideration in the application of this Chapter. Requirement to notify the competent authority 45.
(1)A person referred to in paragraph (a), (b), (c) or (d) of section 36
(2)shall, as soon as possible after the making of an application in accordance with that section and subject to subsection
(2), notify the competent authority, where— (
  1. a)the applicant claims to be a minor and is not accompanied by an adult who is responsible for the applicant, or (
  2. b)the person referred to in paragraph (a), (b), (
  3. c)or (
  4. d)of section 36
(2)has objective grounds for believing that the applicant is a minor and is not accompanied by an adult who is responsible for the applicant.
(2)Without prejudice to Chapter 3, subsection
(1)shall not apply where a person first referred to in that subsection concludes without any doubt that the applicant is not a minor or is accompanied by an adult responsible for the applicant.
(3)Where the Minister is notified that an unaccompanied minor has been or will be relocated or transferred to the State in accordance with Part 6 , the Minister shall as soon as possible notify the competent authority and the Child and Family Agency of the relocation or transfer, as the case may be.
(4)The Minister, the Determining Authority, the Tribunal or the Child and Family Agency shall notify the competent authority, where he, she or it, as the case may be, becomes aware that an applicant, in relation to whom neither a provisional representative person nor a representative person has been appointed or designated, as the case may be— (
  1. a)is a minor who is not accompanied by an adult responsible for him or her, or (
  2. b)may be a minor who is not accompanied by an adult responsible for him or her. Designation of provisional representative and appointment of representative 46.
(1)Following a notification under section 45
(1),
(3)or
(4), the competent authority shall— (a) as soon as possible, designate an individual (in this Act referred to as a “provisional representative person”) or, subject to subsection
(3), designate an organisation (in this Chapter referred to as a “representative organisation”) to provisionally act as a representative (within the meaning of the EU acts) for the unaccompanied minor who is the subject of the notification until an individual or organisation has been appointed under paragraph (b), and (b) as soon as possible and, subject to section 52 , no later than 15 working days from the date on which the application is made, appoint an individual (in this Act referred to as a “representative person”) or, subject to subsection
(3), appoint an organisation (in this Chapter referred to as a “representative organisation”) to act as a representative (within the meaning of the EU acts) for the unaccompanied minor who is the subject of the notification.
(2)The function of a representative organisation shall be to appoint individuals under section 47 to perform the functions set out in section 50 .
(3)The competent authority shall not designate an organisation under subsection
(1)(a) to be a representative organisation or appoint an organisation under subsection
(1)(
  1. b)to be a representative organisation unless the competent authority is satisfied that the organisation— (
  2. a)is independent in the performance of its functions, (
  3. b)does not have any interests that conflict, or could potentially conflict, with the interests of unaccompanied minors, (
  4. c)is able to appoint an individual to be a provisional representative person in accordance with section 47 to perform the functions of a provisional representative person in respect of an unaccompanied minor to whom that individual is appointed, (
  5. d)is able to appoint an individual to be a representative person in accordance with section 47 to perform the functions of a representative person in respect of an unaccompanied minor to whom that individual is appointed, (
  6. e)is able to ensure that, subject to section 52 , a provisional representative person or a representative person is appointed in respect of no more than 30 unaccompanied minors at any one time, and (
  7. f)has sufficient internal governance and management arrangements in place to ensure that provisional representative persons and representative persons appointed by the representative organisation have the necessary qualifications, training and expertise to perform the functions of a provisional representative person or a representative person, as the case may be. Appointment of provisional representative persons and representative persons 47.
(1)Where a representative organisation has been designated under section 46
(1)(a) in respect of an unaccompanied minor, the representative organisation shall, as soon as possible, appoint an individual to provisionally act as a representative (within the meaning of the EU acts) for the unaccompanied minor (in this Act referred to as a “provisional representative person”) until a representative person has been appointed.
(2)Where a representative organisation has been appointed under section 46
(1)(b), the representative organisation shall, as soon as possible, and within the period referred to in section 46
(1)(b), appoint an individual to act as a representative (within the meaning of the EU acts) for the unaccompanied minor (in this Act referred to as a “representative person”). Power to appoint substitute provisional representative person and representative person 48. Subject to the requirement under Article 23
(9)of the Asylum Procedures Regulation and Article 27
(6)of the Reception Conditions Directive that the representative person or provisional representative person shall be changed only where necessary— (a) the power to designate a provisional representative person under section 46
(1)(a) or appoint a provisional representative person under section 47
(1)includes the power to designate or appoint a provisional representative person in place of the provisional representative person who stands designated or appointed under section 46
(1)(a) or section 47
(1), as the case may be, and (b) the power to appoint a representative person under section 46
(1)(b) or section 47
(2)includes the power to appoint a representative person in place of the representative person who stands appointed under section 46
(1)(b) or section 47
(2), as the case may be. Consequences of appointment of provisional representative person or representative person 49.
(1)Following the designation or appointment of a provisional representative person, or the appointment of a representative person in respect of an unaccompanied minor, the competent authority or the representative organisation, as the case may be, shall immediately notify the Determining Authority of the designation or appointment concerned.
(2)Following a notification under subsection
(1), the Determining Authority shall— (
  1. a)in a manner that is age-appropriate and in a language that the unaccompanied minor understands or is reasonably supposed to understand, immediately— (
  2. i)inform the unaccompanied minor concerned that a provisional representative person or a representative person has been designated or appointed, as the case may be, in respect of him or her, and (
  3. ii)explain to the unaccompanied minor that he or she may lodge a complaint against the provisional representative person or representative person in accordance with regulations made under section 53 in confidence and safety, (
  4. b)ensure that the unaccompanied minor’s file is accessible to the provisional representative person or representative person, as the case may be, (
  5. c)inform the provisional representative person or representative person, as the case may be, of any relevant facts known to the Determining Authority pertaining to the unaccompanied minor, and (
  6. d)inform the Child and Family Agency that a representative person or a provisional representative person has been designated or appointed, as the case may be, in respect of the unaccompanied minor.
(3)A provisional representative person and a representative person may request information regarding the progress of a procedure under this Act or the EU acts in relation to an unaccompanied minor in respect of whom the person is designated or appointed and, where applicable, the Minister, the Child and Family Agency, the Determining Authority or the Tribunal shall provide the information requested to the provisional representative person or the representative person about that procedure.
(4)Any decision, determination, direction, information, notification, report, warning or document (howsoever described) required under this Act or the EU acts to be sent, provided, given or otherwise made available to an unaccompanied minor by any person shall also be sent, provided, given or otherwise made available to the provisional representative person or representative person designated or appointed, as the case may be, in respect of the unaccompanied minor. Functions of provisional representative person and representative person 50.
(1)The functions of a provisional representative person or a representative person in respect of an unaccompanied minor in relation to whom he or she is designated or appointed shall be to represent, assist and act on behalf of the unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of the unaccompanied minor in a manner that enables the unaccompanied minor to benefit from his or her rights and to comply with his or her obligations under this Act or the EU acts.
(2)Without prejudice to the generality of subsection
(1), for the purposes of performing his or her functions under this Act or the EU acts, a provisional representative person or a representative person shall, in respect of an unaccompanied minor in relation to whom he or she is designated or appointed, exercise, as required, and where appropriate together with the unaccompanied minor’s legal representative (if any), the following powers: (
  1. a)to meet with the unaccompanied minor and take into account the minor’s views regarding his or her needs where those views are relevant to the performance by the provisional representative person or the representative person of his or her functions in relation to that unaccompanied minor; (
  2. b)to assist the unaccompanied minor in the provision of information that is relevant to the assessment of his or her best interests by the minor to any person for any purpose under this Act or the EU acts; (
  3. c)where applicable, to provide the unaccompanied minor with information relevant to the procedures provided for in this Act or the EU acts and to assist the unaccompanied minor in understanding the information relevant to the procedures provided for in and under this Act or the EU acts; (
  4. d)where applicable, to assist the unaccompanied minor in relation to the provision of biometric and other data under section 15 including providing the minor with information relevant to the provision of the data; (
  5. e)where applicable, to assist the unaccompanied minor in relation to screening procedures carried out in accordance with Chapter 2 of Part 2 ; (
  6. f)where applicable, to assist the unaccompanied

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