International Protection Act 2026

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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(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”

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 293. Amendment of section 28 of Act of 2015 294. Amendment of section 62 of Act of 2015

PART 17

Amendments to Other Acts of Oireachtas 295. Amendment of Irish Nationality and Citizenship Act 1956 296. Amendment of Child Care Act 1991 297. Amendment of Act of 1995 298. Amendment of section 23C of Road Traffic Act 1961 299. Amendment of Schedule to Bail Act 1997 300. Amendment of Act of 1999 301. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000 302. Amendment of Immigration Act 2003 303. Amendment of Act of 2004 304. Amendment of Social Welfare Consolidation Act 2005 305. Amendment of Schedule 3 to Broadcasting Act 2009 306. Amendment of Schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012 307. Amendment of Children First Act 2015 308. Amendment of section 24 of Prisons Act 2015 309. Amendment of section 12(2) of Act of 2018 310. Amendment of Childcare Support Act 2018 311. Amendment of section 5(1) of Criminal Justice (Smuggling of Persons) Act 2021 312. Amendment of Civil Law (Miscellaneous Provisions) Act 2022 313. 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.

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

Part 14

and section 278 , means a third-country national or stateless person who— (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 (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

“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— (a) information in the form of a document (or any other thing) or in any other form, and (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:

(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; (b) assistance with the lodging of an application; (c) guidance on: (i) the different procedures under which an application may be examined and the reasons for the use of those procedures; (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); (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; (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; (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— (a) who is not a national of a Member State, (b) who does not qualify as a refugee, (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 (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— (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, (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, (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, (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, (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 (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— (a) a place provided under section 2 of the Prisons Act 1970 , and (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

Part 6

, has the meaning given to it by section 189

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.

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

Repeals 5. The following provisions of the Act of 2015 are repealed: (a) Part 2; (b) sections 15, 20, 22, 29, 30, 31, 52 and 59; (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— (a) where a third country has been designated as a safe third country at European Union level or by order under section 280 , and (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.

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— (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, (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 (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.

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.

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.

Designated person 18. 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.

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— (a) a registered medical practitioner, (b) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or (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: (i) psychologist; (ii) social care worker; (iii) social worker; (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— (a) a registered medical practitioner, (b) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or (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.

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).

Alternative arrangements for screening of certain applicants 23. (1) Where section 22

Obligation to inform applicant 24. Where an applicant (other than an applicant referred to in section 22

Part 5

.

Obligations of applicant under Part 2 25. An applicant shall— (a) cooperate fully with the Minister or any other person performing a function under this Part, (b) comply with any requirement or direction given under this Part, (c) where requested by an officer of the Minister, provide the officer with— (i) the applicant’s name, previously used names (if any), aliases (if any), date of birth, sex, and nationality, (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 (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— (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, (b) the rights of an applicant, in particular— (i) the right to lodge an application in accordance with section 40 , (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 , (iv) the right, for the purposes of his or her application, to consult a legal representative in accordance with section 28

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.

Consultation with legal representative 28. (1) An applicant may consult a legal representative for the purpose of obtaining legal advice— (a) in respect of his or her application, at any stage during the procedure in respect of an application, (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 (c) in respect of an appeal within the meaning of

Part 8

or an appeal under section 109 , 140 or 215

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— (a) requires urgent or acute medical care, or (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 ).

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— (a) be a stateless person, (b) be vulnerable or a victim of torture or other inhuman or degrading treatment, (c) have special reception needs within the meaning of Article 24 of the Reception Conditions Directive, or (d) require special procedural guarantees within the meaning of Article 21 of the Asylum Procedures Regulation.

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.

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.

Part 7

or for the purpose of verifying the identity or nationality of the applicant, or (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: (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 .

Part 7

, (b) the consideration of an appeal under

Part 8

, or (c) the carrying out of a return under

Part 11

.

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— (a) the applicant’s name, date of birth, place of birth, and gender, (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, (c) the reason for which screening was performed, (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 , (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, (f) confirmation that the applicant made an application, (g) information provided by the applicant as to whether the applicant has family members located on the territory of any Member State, (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, (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 (j) such other information as the Minister may prescribe having regard to the purposes of this Act.

Part 7

, (b) the Tribunal for the purposes of the performance of functions under

Part 8

, and (c) the Minister or another Member State for the purpose of performance of functions under

Part 6

or

Part 11

.

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

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.

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”).

Application on behalf of person lacking capacity 38. (1) This section applies to an adult who— (a) lacks capacity to make an application under section 36 , and (b) is otherwise eligible to make an application under section 36 .

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.

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”): (a) the applicant’s name; (b) the applicant’s date and place of birth; (c) the applicant’s gender; (d) the applicant’s nationality or nationalities or whether the applicant is stateless; (e) the applicant’s family members as defined in Article 2 of the Asylum and Migration Management Regulation; (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; (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; (h) the date of the application, the place where the application was made and the person to whom the application was made; (i) the applicant’s location or the applicant’s place of residence or address; (j) where available, a telephone number and an email address which can be used to contact the applicant; (k) such other information relevant for the purposes of this Act and the Asylum and Migration Management Regulation.

Lodgement of application 40. (1) Subject to section 37

Part 7

.

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.

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.

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

Competent authority (Part 3) (Chapter 2) 43. 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) 44. 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

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.

Designation of provisional representative and appointment of representative 46. (1) Following a notification under section 45

Appointment of provisional representative persons and representative persons 47. (1) Where a representative organisation has been designated under section 46

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

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.

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.

Chapter 2

of

Part 2

;