(f) where applicable, to assist the unaccompanied minor with an age assessment carried out in accordance with Chapter 3; (g) where applicable, to assist the unaccompanied minor with the registration and lodgement of an application, or to register and lodge an application on behalf of the unaccompanied minor in accordance with sections 39 and 40 and to submit elements and documents in accordance with section 41 ; (h) where applicable, to assist with the preparation of, and be present for, the unaccompanied minor’s personal interview and to inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview; (i) where applicable, to assist the unaccompanied minor in relation to any measure applied in relation to the unaccompanied minor, or any related review or appeal, under
\n
Part 5
\n
; (j) where applicable, to assist the unaccompanied minor in relation to procedures under the Asylum and Migration Management Regulation including preparing, and being present for, an Article 22 interview (within the meaning of
\n
Chapter 2
\n
of
\n
Part 6
\n
) and appealing a transfer decision; (k) where applicable, to assist the unaccompanied minor in relation to an appeal (within the meaning of
\n
Part 8
\n
) to the Tribunal, including preparing, and being present, for an oral hearing; (l) where applicable, to support the unaccompanied minor in any engagement with family tracing procedures carried out in accordance with the Asylum and Migration Management Regulation or the Reception Conditions Directive.
\n
(3)A provisional representative person or a representative person appointed in relation to an unaccompanied minor shall— (a) be independent in the performance of his or her functions, (b) not have any interests that conflict, or potentially conflict, with the interests of the unaccompanied minor, (c) subject to section 52 , be appointed in respect of no more than 30 unaccompanied minors at any one time, (d) have the necessary qualifications, training and expertise to perform the functions of a provisional representative person or representative person, as appropriate, and (e) treat any information received in his or her capacity as a representative person or a provisional representative person as confidential and not disclose such information to any person except— (i) for the purpose of the performance of his or her functions under this Act or the EU acts, (ii) when required, by an order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or (iii) where otherwise required to do so in accordance with any enactment.
\n
Cessation of designation or appointment of representatives and consequences of cessation 51. (1) The designation or appointment of a provisional representative person or the appointment of a representative person in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring— (a) in relation to a provisional representative person designated or appointed in respect of a relevant person and where the relevant person is an unaccompanied minor, a representative person is appointed for the relevant person, (b) the Determining Authority notifies the competent authority that it is satisfied that the relevant person is 18 years or over, and— (i) an age assessment carried out under Chapter 3 in respect of the relevant person has concluded that he or she is 18 years or over, or (ii) the age of the relevant person is verified, other than by an age assessment carried out under Chapter 3, to be 18 years or over, (c) the Determining Authority notifies the competent authority that the relevant person is a beneficiary of international protection, granted by the State or by a Member State other than the State, and an international protection guardian has been appointed for the relevant person, (d) the Determining Authority notifies the competent authority that the relevant person has ceased to be an applicant, (e) the Determining Authority notifies the competent authority that the relevant person has left the State without the consent of the Minister, (f) the relevant person is a minor and the Determining Authority notifies the competent authority that an accompanying family member has become responsible for him or her such that the Determining Authority is satisfied that the relevant person is no longer unaccompanied, (g) the representative person or provisional representative person resigns or is otherwise unavailable to perform the functions of a representative person or a provisional representative person, or (h) the designation or appointment of the provisional representative person or the appointment of the representative person is terminated by the competent authority in accordance with regulations made under section 53 — (i) because the provisional representative person or representative person has not adequately performed his or her functions under this Act or the EU acts, (ii) on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53 , or (iii) because the competent authority is no longer satisfied that the provisional representative person or representative person complies with the requirement set out in paragraph (a) or (b) of
\n
section 50
\n
(3).
\n
(2)The designation or appointment of a representative organisation under section 46
\n
(1)(a) or 46
\n
(1)(b) in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring— (a) the individual appointed by the representative organisation under section 47
\n
(1)or 47
\n
(2)has ceased being a provisional representative person or a representative person, as the case may be, for the relevant person concerned arising from one or more of the matters referred to in paragraph (b), (c), (d), (e) or (f) of subsection (1), (b) the competent authority notifies the representative organisation that the competent authority is no longer satisfied as to one or more of the matters specified in paragraph (a), (b), (c), (d), (e) or (f) of section 46
\n
(3), (c) the designation or appointment of a representative organisation is terminated on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53 , or (d) the competent authority appoints a different representative organisation in accordance with section 46
\n
(1)(b) in respect of the relevant person concerned.
\n
(3)Where the designation or appointment of a representative organisation ceases under paragraph (b), (c) or (d) of subsection (2), any appointment by the representative organisation of— (a) a provisional representative person under section 47
\n
(1), or (b) a representative person under section 47
\n
(2), shall also cease.
\n
(4)Where the designation or appointment of a provisional representative person or the appointment of a representative person ceases under paragraph (g) or (h) of subsection (1), a provisional representative person or a representative person shall be appointed in his or her place in accordance with section 48 (a) or section 48 (b), as appropriate.
\n
(5)Where the designation or appointment of a representative organisation ceases under paragraph (b) or (c) of subsection (2), the competent authority shall make an appointment under section 46
\n
(1)(b) in respect of a relevant person in relation to whom the representative organisation was designated or appointed, and section 46
\n
(1)shall apply as if the relevant person was the subject of a notification referred to in that section.
\n
(6)Following the cessation under subsection (1) or (3) of the designation or appointment of a provisional representative person or the cessation of the appointment of a representative person, the Determining Authority shall— (a) immediately inform the relevant person that the provisional representative person or the representative person, as the case may be, is no longer designated or appointed, as the case may be, for the relevant person, in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand, (b) if applicable, immediately inform the relevant person that a provisional representative person or a representative person has been appointed for the relevant person in accordance with subsection (4), in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand, and (c) inform the Child and Family Agency of the matters referred to in paragraphs (a) and (b) in relation to the relevant person.
\n
Modification of certain references (exceptional situations) 52. (1) For the purposes of this Part, where— (a) a disproportionate number of applications are made by unaccompanied minors or other exceptional situations arise, and (b) the competent authority decides that the measures set out in the contingency plan referred to in section 282 are insufficient to ensure that a representative person is appointed for an unaccompanied minor within 15 working days, the reference to 15 working days in section 46
\n
(1)(b) shall be construed as a reference to 25 working days.
\n
(2)For the purposes of this Part, where— (a) a disproportionate number of applications are made by unaccompanied minors or other exceptional situations arise, and (b) the competent authority decides that the measures set out in the contingency plan referred to in section 282 are insufficient to ensure that a provisional representative person or a representative person, as the case may be, is appointed in respect of no more than 30 unaccompanied minors at any one time, the reference to 30 unaccompanied minors in sections 46
\n
(3)(e) and 50
\n
(3)(c) shall be construed as a reference to 50 unaccompanied minors.
\n
(3)Where the competent authority makes a decision under subsection (1)(b) or (2)(b), the Minister shall inform the European Commission and the European Union Agency for Asylum in accordance with Article 27 of the Receptions Conditions Directive.
\n
Regulations (Part 3) (Chapter 2) 53. The Minister, having consulted with the competent authority, shall, for the purpose of promoting high professional standards and good practice on the part of representative organisations, provisional representative persons and representative persons, make regulations to— (a) specify the standards to be applied to representative organisations, provisional representative persons and representative persons in the performance by them of their functions under this Act and the EU acts, (b) make provision for the training of provisional representative persons and representative persons and the staff of representative organisations, including initial and continuous training concerning the rights and needs of unaccompanied minors and any applicable child safeguarding standards, (c) make provision for the monitoring, measuring and evaluation of the performance by representative organisations, provisional representative persons and representative persons of their functions under this Act and the EU acts, (d) make provision for the establishment and administration of a system of investigation and adjudication of complaints against representative organisations, provisional representative persons and representative persons, (e) make provision for the procedures that are to apply in respect of the termination of the designation or appointment of a representative organisation, a provisional representative person or a representative person because the representative organisation, the provisional representative person or representative person, as the case may be, has not adequately performed his, her, or its functions under this Act or the EU acts, (f) specify such fees and expenses to be paid to representative organisations, provisional representative persons and representative persons as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time determine, and (g) make provision for such other matters as the Minister considers necessary to ensure that representative organisations, provisional representative persons and representative persons are capable of performing their functions under this Act and the EU acts.
\n
Chapter 3
\n
Assessments to determine age of applicant Best interests of child (Part 3) (Chapter 3) 54. The best interests of the child shall be a primary consideration in the application of this Chapter.
\n
Age assessments 55. (1) Where, at any point following the making of an application and arising from one or more of the matters referred to in subsection (2), there are doubts in relation to the age of an applicant, the Determining Authority may arrange for an age assessment to be carried out to determine the age of the applicant (in this Act referred to as an “age assessment”) for the purposes of this Act, in accordance with this Chapter.
\n
(2)The matters referred to in subsection (1) are: (a) statements made by the applicant to— (i) an officer of the Minister, (ii) a member of An Garda Síochána, (iii) an immigration officer, (iv) a designated person within the meaning of
\n
Chapter 1
\n
of
\n
Part 2
\n
, (v) an Appeals Officer within the meaning of
\n
Part 13
\n
, or (vi) a member of staff of the Child and Family Agency; (b) available documentary evidence; (c) any other matter that gives rise to a doubt as to the age of an applicant that a person referred to in paragraph (a) considers relevant.
\n
(3)An age assessment including a further age assessment referred to in section 59 or 60 carried out in relation to an applicant— (a) shall include a multi-disciplinary assessment that is carried out in accordance with section 56 , (b) may, as a last resort where an assessment referred to in paragraph (a) is inconclusive as to the age of an applicant, include a medical examination to determine age that is carried out in accordance with section 57 , (c) shall only be carried out by persons— (i) with the necessary qualifications, training or experience as prescribed under section 63 , and (ii) who are independent of a representative organisation, if any, designated under section 46
\n
(1)(a) or appointed under section 46
\n
(1)(b) in respect of the applicant concerned, a provisional representative person appointed or designated in respect of the applicant concerned or a representative person appointed in respect of the applicant concerned, and (d) shall be carried out in accordance with regulations made under section 63 .
\n
(4)An age assessment, including a further age assessment referred to in section 59 or 60 , or part of an age assessment, that requires the presence of an applicant shall not be carried out in relation to the applicant, other than in the presence of an interpreter, if required, and— (a) a provisional representative person appointed or designated in respect of the applicant, or a representative person appointed in respect of the applicant, (b) the applicant’s parent or another adult responsible for the applicant, or (c) where the presence of a person referred to in paragraph (b) is, on justified grounds, considered by the Determining Authority not to be in the best interests of the applicant, a person trained to safeguard the best interests of the child within the framework of the age assessment process.
\n
(5)An applicant’s legal representative or, with the consent of the applicant, a person nominated by that legal representative may be present at an age assessment, including a further age assessment referred to in section 59 or 60 or part of an age assessment, that requires the presence of the applicant.
\n
Multi-disciplinary assessment 56. (1) A multi-disciplinary assessment shall include— (a) a psycho-social assessment, (b) an assessment of any relevant statements made by the applicant in relation to his or her application, and (c) one or more than one of the following, as the Determining Authority considers necessary: (i) with due regard for the applicant’s dignity and right to privacy, a visual assessment based on the applicant’s physical appearance; (ii) an assessment of any available documentation, which shall be considered genuine unless there is evidence to the contrary; (iii) an assessment of any relevant statements made by the applicant to a public body and communicated to the Determining Authority; (iv) an assessment of any relevant information provided by another Member State; (v) such other assessments as may be prescribed by the Minister under section 63 .
\n
(2)Following a multi-disciplinary assessment carried out in relation to an applicant, the Determining Authority shall— (a) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is conclusive as to the applicant being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is a minor for the purposes of this Act, (b) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is conclusive as to the applicant not being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is not a minor for the purposes of this Act, or (c) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is not conclusive, determine, subject to a medical examination to determine age that may be carried out in accordance with section 57 and subject to sections 59 , 60 and 62 , that the applicant is presumed to be a minor for the purposes of this Act.
\n
(3)The Determining Authority shall, as soon as practicable following a multi-disciplinary assessment carried out in relation to an applicant, notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant— (a) of a determination referred to in subsection (2)(a), (b) or (c), and (b) of the applicant’s right to request a further age assessment in accordance with section 59 , in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.
\n
(4)Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60 , subject to the right of an applicant to request a further age assessment under section 59 and subject to the age of the applicant being verified under section 62 , a determination under subsection (2) shall be final.
\n
Medical examination to determine age 57. (1) A medical examination to determine age shall not be carried out, unless, prior to the examination— (a) the applicant is informed, in an age-appropriate manner and in a language that the applicant understands or is reasonably supposed to understand, of the possibility that the age of the applicant may be assessed by means of a medical examination and the consequences under subsection (4) of refusing to undergo the examination, (b) where applicable, a parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant, or a representative person appointed in respect of the applicant, is informed in a language that the parent or adult responsible understands or is reasonably supposed to understand of the possibility that the age of the applicant concerned may be assessed by means of a medical examination and the consequences under subsection (4) of the applicant refusing to undergo the examination, and (c) having been informed of the matters set out in paragraph (a) in accordance with that paragraph, the applicant has consented to the medical examination, and a person referred to in paragraph (b) has consented, in relation to the applicant, to the medical examination.
\n
(2)The consent referred to in paragraph (c) of subsection (1) may be given orally or in writing and if given orally— (a) the person performing the medical examination to determine age shall, as soon as practicable, make a written record of the consent, and (b) the written record of the consent shall be entered in the applicant’s file.
\n
(3)A medical examination to determine an applicant’s age shall be— (a) performed with full respect for the applicant’s dignity, (b) consistent with the need to achieve a reliable result, the least invasive examination possible, (c) performed in accordance with regulations made under section 63
\n
(2)(a), and (d) carried out by a designated healthcare professional who has the training and qualifications as prescribed under section 63
\n
(2)(b).
\n
(4)A refusal by an applicant to consent to, or a refusal by a person referred to in subsection (1)(b) in relation to an applicant to consent to the applicant undergoing a medical examination— (a) shall not prevent the Determining Authority or Tribunal from taking a decision on the application for international protection or appeal, as the case may be, and (b) may give rise to a rebuttable presumption that the applicant is not a minor.
\n
(5)Following a medical examination carried out in relation to an applicant, the Determining Authority shall— (a) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to an applicant being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is a minor for the purposes of this Act, (b) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to the applicant not being a minor, determine, subject to sections 59 , 60 and 62 , that the applicant is not a minor for the purposes of this Act, or (c) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, not conclusive, determine, subject to sections 59 , 60 and 62 , that the applicant is presumed to be a minor for the purposes of this Act.
\n
(6)The Determining Authority shall, as soon as practicable following a medical examination to determine age carried out in relation to an applicant, notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant— (a) of a determination referred to in subsection (5)(a), (b) or (c), and (b) of the applicant’s right to request a further age assessment in accordance with section 59 , in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.
\n
(7)Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60 , subject to the right of an applicant to request a further age assessment under section 59 and subject to the age of the applicant being verified under section 62 , a determination under subsection (5) shall be final.
\n
(8)In this section, a “designated healthcare professional” means— (a) a registered medical practitioner within the meaning of the Medical Practitioners Act 2007 , (b) a registered dentist within the meaning of the Dentists Act 1985 , (c) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011 , or (d) a member of one or more 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.
\n
Age assessment in Member State other than the State 58. The Determining Authority— (a) may determine the age of an applicant on the basis of an age assessment that was carried out in a Member State other than the State in accordance with the law of the European Union, and (b) shall notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant, or a representative person appointed in respect of the applicant— (i) of a determination referred to in paragraph (a), and (ii) of the applicant’s right to request a further age assessment in accordance with section 59 , in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.
\n
Request by applicant for further age assessment 59. (1) An applicant may request a further age assessment following a determination referred to in section 56
\n
(2)(a), 56
\n
(2)(b), 56
\n
(2)(c), 57
\n
(5)(a), 57
\n
(5)(b), 57
\n
(5)(c) or 58 (a) and the effect of the determination concerned shall be suspended until the Determining Authority makes a determination under subsection (6).
\n
(2)A request under subsection (1) shall be made in writing in accordance with subsection (9) and within 10 working days of the notification referred to— (a) in relation to a determination following an age assessment, in section 56
\n
(3), (b) in relation to a determination following an age assessment and a medical examination to determine age, in section 57
\n
(6), or (c) in relation to a determination based on an age assessment in a Member State other than the State, in section 58 (b).
\n
(3)A request under subsection (1) may include submissions of the applicant, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant that are relevant to the request for a further age assessment.
\n
(4)Following a request made by an applicant in accordance with subsection (1), a further age assessment shall be carried out by a person— (a) who was not involved in a multi-disciplinary assessment carried out under section 56 in respect of the applicant or a medical assessment to determine age under section 57 in respect of the applicant, and (b) in accordance with regulations, if any, made under section 63
\n
(3).
\n
(5)A further age assessment carried out in accordance with subsection (4) shall take into consideration any submissions made in accordance with subsection (3).
\n
(6)The Determining Authority shall, following a further age assessment carried out in accordance with this section determine, subject to sections 60 and 62 , that the applicant— (a) is a minor and shall be considered to be a minor for the purposes of this Act, (b) is not a minor, and shall be considered not to be a minor for the purposes of this Act, or (c) where the further age assessment is not conclusive, shall be presumed to be a minor for the purposes of this Act.
\n
(7)The Determining Authority shall notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated for the applicant or a representative person appointed for the applicant, in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand, of the determination under subsection (6).
\n
(8)Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60 and subject to the age of the applicant being verified under section 62 , a determination under subsection (6) shall be final.
\n
(9)The Minister shall publish the form in which a further age assessment shall be requested in accordance with subsection (2) on a website maintained by or on behalf of the Minister or the Government.
\n
Decision by Determining Authority to arrange further age assessment 60. Following a determination that an applicant is a minor under paragraph (a) or (c) of section 56
\n
(2), paragraph (a) or (c) of section 57
\n
(5), paragraph (a) of section 58 or paragraph (a) or (c) of section 59
\n
(6), the Determining Authority may arrange for a further age assessment to be carried out in accordance with this Chapter to determine the age of an applicant where— (a) the Child and Family Agency has reasonable grounds for believing that the applicant is not a minor and that accommodating the applicant in reception facilities appropriate for minors may give rise to child safeguarding concerns, or (b) an Appeals Officer, within the meaning of
\n
Part 13
\n
, has reasonable grounds for believing that the applicant is not a minor where the determination concerned was made prior to a decision being taken by the Determining Authority at first instance.
\n
Estimated date of birth 61. (1) The Determining Authority may, subject to subsection (2)(b), determine an estimated date of birth for an applicant that is based on— (a) the results of a multi-disciplinary assessment carried out in relation to the applicant in accordance with section 56 , or (b) if applicable, the results of a multi-disciplinary assessment carried out in relation to the applicant in accordance with section 56 and the results of the medical examination to determine age carried out in relation to the applicant in accordance with section 57 , analysed together.
\n
(2)The estimated date of birth determined under subsection (1) shall— (a) be recorded in the applicant’s file, and (b) subject to section 62 , be considered to be the applicant’s date of birth for the purposes of this Act.
\n
Confirmation of age based on verifiable information 62. Where the age of an applicant is verified, the Determining Authority shall, if necessary, vary a determination made under this Chapter in respect of the applicant accordingly and the confirmed age of the applicant shall be reflected on the applicant’s file.
\n
Regulations (Part 3) (Chapter 3) 63. (1) The Minister shall, after consultation with the Minister for Children, Disability and Equality, prescribe— (a) suitable means of multi-disciplinary assessment under section 56
\n
(1)(c)(v), (b) the qualifications, training or experience required for persons who carry out each type of multi-disciplinary assessment under section 55
\n
(3)(c)(i), and (c) any additional particulars required in relation to multi-disciplinary assessments under section 56 .
\n
(2)The Minister shall, after consultation with the Minister for Children, Disability and Equality and the Minister for Health, prescribe— (a) suitable medical means of assessing the age of the applicant under section 57
\n
(3)(c), (b) the qualifications, training or experience required for persons who carry out each form of assessment under section 57
\n
(3)(d), and (c) any additional particulars required in relation to the assessments under section 57 .
\n
(3)The Minister may make regulations for the purpose of prescribing any additional particulars and details required in relation to the request for a further age assessment under section 59 .
\n
Chapter 4
\n
Consequences of making application Authorisation to enter State 64. (1) Following the screening carried out in accordance with
\n
Chapter 2
\n
of
\n
Part 2
\n
, an applicant shall, subject to subsection (2), be given an authorisation by the Minister that operates to allow the applicant to enter the State for the sole purpose of the examination of his or her application, including an appeal to the Tribunal in relation to the application.
\n
(2)The Minister shall refuse to give an authorisation under subsection (1) to an applicant— (a) to whom section 68 (a), 68 (b)(ii) or 188
\n
(3)applies, or (b) whose application is being examined under the asylum border procedure within the meaning of
\n
Chapter 6
\n
of
\n
Part 7
\n
, unless section 176
\n
(4)or 183
\n
(3)applies.
\n
(3)Where, following the giving of an authorisation under subsection (1), the Determining Authority forms the opinion that section 178 applies in respect of an application, the Determining Authority shall inform the Minister and the Minister may revoke the authorisation.
\n
(4)Where an authorisation is revoked under subsection (3), the authorisation shall be deemed never to have been given.
\n
Right to remain in State 65. (1) Subject to sections 66 and 68 and without prejudice to section 188 , an applicant shall have the right to remain in the State until the Determining Authority has made a decision on his or her application.
\n
(2)An applicant shall— (a) not leave or attempt to leave the State without the consent of the Minister, (b) inform the Minister of his or her address, telephone number and email address and any change to these within 48 hours of such a change, and (c) comply with such conditions as may be notified in writing to him or her under
\n
Part 5
\n
by an immigration officer, a member of An Garda Síochána or an officer of the Minister.
\n
(3)The requirement that an applicant shall provide the Minister with his or her address or change of address shall not apply where housing is provided to the applicant by the State unless the applicant ceases to reside in that housing.
\n
Limitation on right to remain 66. (1) A right to remain in the State under section 65 shall not constitute— (a) an authorisation given under section 64 , (b) a permission given under section 4 of the Act of 2004, or (c) a right to travel to the territory of another Member State without a valid travel document.
\n
(2)Without prejudice to subsection (1)(b), the requirements to register set out in section 9 of the Act of 2004 shall not apply to an applicant who has a right to remain in the State under this Act.
\n
Duty to cooperate 67. An applicant shall fully cooperate with the Determining Authority, the Tribunal, the Minister and An Garda Síochána for the duration of the procedure for international protection and, subject to section 68 , shall remain present and available in the State in accordance with Article 4 of the Qualification Regulation.
\n
Exception from right to remain 68. Without prejudice to the principle of non-refoulement or to section 188
\n
(3), an applicant shall not have the right to remain in the State where— (a) his or her application is— (i) a first subsequent application lodged merely in order to delay or frustrate the enforcement of a decision resulting in— (I) the application being rejected as inadmissible under section 157
\n
(2), and (II) the applicant’s imminent removal from the State, or (ii) a second or further subsequent application following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded, or (b) the applicant— (i) is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or an international tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order, or (ii) is considered by the Minister to be a danger to public order or national security, without prejudice to Articles 12 and 17 of the Qualification Regulation.
\n
International protection applicant card 69. (1) The Minister shall, as soon as possible after the lodging of an application, subject to Article 29(5) of the Asylum Procedures Regulation, issue to the applicant a document (in either digital or physical format) (referred to in this section as an “international protection applicant card”).
\n
(2)The international protection applicant card shall contain— (a) the information listed in Article 29(4) of the Asylum Procedures Regulation, and (b) the date of registration of the relevant application.
\n
(3)The international protection applicant card shall not be proof of identity but shall be considered to be sufficient means for an applicant— (a) to identify himself or herself to authorities of the State, and (b) to access his or her rights for the duration of the procedure for international protection, whether under this Act, any other enactment or the EU acts.
\n
(4)An international protection applicant card shall cease to be valid— (a) where the person to whom it is issued no longer has a right to remain in the State in accordance with this Part or
\n
Part 8
\n
, or (b) upon the grant to the applicant of refugee status or subsidiary protection status.
\n
(5)An international protection applicant card shall at all times remain the property of the Minister and the person to whom it is issued shall surrender or dispose of it without delay— (a) where it ceases to be valid under subsection (4), or (b) upon request by the Minister.
\n
(6)A person who forges, fraudulently alters, assists in forging or fraudulently altering, or procures the forging or fraudulent alteration of an international protection applicant card shall be guilty of an offence and shall be liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years, or both.
\n
(7)Where an application is not lodged upon registration, the Minister shall issue a document to the applicant in accordance with Article 29(1) of the Asylum Procedures Regulation.
\n
(8)In the case of an applicant who is a minor, an international protection application card, or a document which is issued under subsection (7), issued to one of the parents of the applicant or the adult who has responsibility for his or her care and protection may also be used in respect of the minor for the purposes set out in this Chapter, if appropriate.
\n
Chapter 5
\n
Withdrawal of application Explicit withdrawal of application 70. (1) An applicant may at any time (whether at first instance or on appeal) express an intention to withdraw his or her application by notice in writing addressed to— (a) the Determining Authority (at first instance), or (b) the Tribunal (on appeal).
\n
(2)Where notice is given pursuant to subsection (1)(a), the Determining Authority shall— (a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and (b) make a declaration that the application has been explicitly withdrawn.
\n
(3)Where notice is given pursuant to subsection (1)(b), the Tribunal shall— (a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and (b) inform the Determining Authority of the withdrawal of the application.
\n
(4)After receiving a notice under subsection (3)(b), the Determining Authority shall adopt a decision declaring that the application has been explicitly withdrawn.
\n
(5)Notwithstanding subsection (2)(b) or (4), if, at the stage that the application is explicitly withdrawn by the applicant, the Determining Authority has already found that the applicant does not qualify for international protection, the Determining Authority may still take a decision to reject the application as unfounded or manifestly unfounded.
\n
Implicit withdrawal of application 71. (1) The following are the grounds for implicit withdrawal: (a) the applicant, without good cause, has not lodged his or her application in accordance with section 40 and Article 28 of the Asylum Procedures Regulation, despite having had an effective opportunity to do so; (b) the applicant refuses to cooperate by not providing— (i) the information referred to in paragraphs (a) to (g) of section 39
\n
(2), or (ii) his or her biometric data to a member of An Garda Síochána, an immigration officer, an officer of the Minister or a designated person, as may be directed, in accordance with section 15 ; (c) the applicant refuses to provide his or her address, where he or she has one, unless housing is provided to him or her by the State; (d) the applicant has, without justified cause, not attended a personal interview which has been scheduled under section 164 or, where applicable, section 151
\n
(7); (e) the applicant has, without justified cause, refused to respond to questions during a personal interview to the extent that the outcome of the interview was not sufficient to take a decision on the merits of the application; (f) the applicant— (i) has on three separate occasions failed to comply with reporting duties imposed on him or her under section 103 or section 113
\n
(1)(c), or (ii) does not remain available to the competent authorities, and he or she cannot demonstrate that such failure to remain available was due to specific circumstances beyond his or her control; (g) the applicant has lodged the application in the State where— (i) the State is not the Member State of first entry, or (ii) the applicant is in possession of a valid residence document or a valid visa issued by another Member State, and the applicant does not remain present in the State pending the determination of the Member State responsible under
\n
Part 6
\n
or the implementation of the transfer procedure in accordance with the Asylum and Migration Management Regulation, where applicable.
\n
(2)Where the Determining Authority is of the opinion that any of the grounds in subsection (1) exist, it shall make a declaration that the application has been implicitly withdrawn.
\n
(3)An application may be rejected as unfounded or manifestly unfounded where, at the stage the application is implicitly withdrawn, the Determining Authority has already found that the applicant does not qualify for international protection pursuant to the Qualification Regulation.
\n
Chapter 6
\n
Subsequent application Subsequent application 72. (1) Where an applicant makes a subsequent application, the Determining Authority shall conduct an examination (in this section referred to as a “preliminary examination”) to establish whether any new elements have arisen or have been presented by the applicant in that subsequent application that— (a) significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection, or (b) where the previous application was rejected as inadmissible, relate to a ground set out in section 157
\n
(2)or (3) previously applied to his or her previous application.
\n
(2)A preliminary examination shall be carried out on the basis of— (a) a personal interview in accordance with the basic principles and guarantees provided for in Chapter II of the Asylum Procedures Regulation, or (b) where it is clear that neither paragraph (a) or (b) of subsection (1) applies, written submissions.
\n
(3)For the purposes of a preliminary examination, an element shall be considered to be new only where the applicant was unable, through no fault on his or her own part, to present those elements in the context of the previous application.
\n
(4)Without prejudice to subsection (3), the Determining Authority need not consider an element which could have been presented in an earlier application to be new unless— (a) presentation of the element significantly increases the likelihood of— (i) the application not being inadmissible, or (ii) the applicant qualifying as a beneficiary of international protection, or (b) the previous application was rejected as implicitly withdrawn in accordance with section 71 without an examination on its merits.
\n
(5)Where new elements that satisfy the requirements of paragraph (a) or (b) of subsection (1) are presented by the applicant or have arisen as part of a subsequent application, the application shall be further examined on its merits, unless the application is considered to be inadmissible on the basis of another ground provided for in section 157
\n
(3).
\n
PART 4
\n
RECEPTION CONDITIONS
\n
Chapter 1
\n
Definitions and application Definitions (Part 4) 73. In this Part— “accommodation centre” means any place in which applicants are collectively housed in accommodation allocated under section 76 ; “clothing allowance” means the clothing provided to an applicant by way of supplementary welfare allowance under section 201 of the Social Welfare Consolidation Act 2005 ; “daily expenses allowance” means that part of the material reception conditions that constitutes a weekly payment made, under a scheme administered by the Minister for Social Protection, to an applicant in order for the applicant to meet incidental personal expenses; “family member”, in relation to an applicant, means the following persons who were members of the applicant’s family before the applicant arrived on the territory of the Member States and who are present in the State during the procedure for international protection: (a) the spouse or civil partner of the applicant or the applicant’s unmarried partner in a stable relationship; (b) the minor children of the couple referred to in paragraph (a) or of the applicant; (c) the unmarried adult dependent children of the couple referred to in paragraph (a) or of the applicant; (d) where the applicant is a minor— (i) the applicant’s father or mother or another adult responsible under law for the applicant, including an adult sibling of the minor, and (ii) the minor children of the applicant’s father or mother; “house rules” means the house rules made under section 83 ; “material reception conditions” means— (a) accommodation, food, personal hygiene products and associated benefits provided in kind, (b) a daily expenses allowance, and (c) the clothing allowance.
\n
Application of Part 4 74. (1) Subject to subsections (2) and (3) and subsections (1) and (3) of section 78 , Chapters 2 and 3 shall apply to a person who is present on the territory of the State and is— (a) an applicant, provided that the person— (i) is not the subject of a transfer decision under
\n
Part 6
\n
or, where so subject, has made a request to remain under section 141 that has yet to be determined or has made such a request and been granted the right to remain in the State under that section, or (ii) is not the subject of a return decision that is in effect under
\n
Part 11
\n
, or (b) where the person is not an applicant under this Act, a person who has made an application under section 15 of the Act of 2015, provided that the person— (i) has not ceased to be an applicant within the meaning of the Act of 2015, (ii) has not received a determination under section 21(11) of the Act of 2015, or (iii) has not been refused consent under section 22(15) of the Act of 2015.
\n
(2)
\n
Section 79
\n
shall not apply to an applicant who has been notified that he or she is the subject of a transfer decision under section 139 .
\n
(3)Subsections (1) to (6) of section 80 shall apply to an applicant notwithstanding that the applicant is the subject of a transfer decision under
\n
Part 6
\n
.
\n
(4)Chapter 3 shall apply to a person referred to in subsection (1) who is required to be present in the State in accordance with Article 17(4) of the Asylum and Migration Management Regulation.
\n
(5)References in this Part to an “applicant” shall be construed in accordance with this section.
\n
Chapter 2
\n
Material reception conditions Provision of material reception conditions 75. (1) Subject to this Part, an applicant shall be entitled to receive material reception conditions under this Chapter where the applicant does not have sufficient means to have an adequate standard of living without receiving such conditions.
\n
(2)The Minister shall make material reception conditions (other than the daily expenses allowance and the clothing allowance) available to the applicant at the accommodation allocated to the applicant under section 76 provided that the applicant resides in the accommodation.
\n
(3)The Minister for Social Protection shall make the daily expenses allowance and, where necessary, a clothing allowance available to the applicant provided that the applicant resides in the accommodation allocated to the applicant under section 76 .
\n
(4)The Minister, in consultation with the Minister for Social Protection, shall ensure that the material reception conditions provided to the applicant in accordance with their respective functions under subsections (2) and (3) provide an adequate standard of living for the applicant in accordance with Article 19(2) of the Reception Conditions Directive.
\n
(5)The Minister shall ensure that the requirements of subsections (2), (3) and (4) are also met in respect of— (a) applicants assessed as having special reception needs under section 81 , and (b) applicants held in detention under
\n
Part 5
\n
.
\n
(6)Following consultation with the Minister for Social Protection, the Minister may by regulations do one or more than one of the following: (a) provide that material reception conditions or specified material reception conditions are to be available to an applicant only where the applicant does not have sufficient financial means to have an adequate standard of living as referred to in subsection (1); (b) require an applicant to cover or contribute to the cost of the material reception conditions which the applicant receives where the applicant has sufficient means to do so; (c) where it transpires that an applicant had sufficient financial means to cover the cost of the material reception conditions received at the time the applicant was provided with such conditions, require the applicant to refund the cost of those conditions to the State; (d) in so far as it is necessary and proportionate for the purposes of this subsection, impose requirements on an applicant to share details of the applicant’s financial means with the Minister and the Minister for Social Protection in such form and manner and in such circumstances as may be prescribed; (e) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an employer of an applicant, the Minister for Social Protection and the Revenue Commissioners to share with the Minister details of payments received by the applicant in such form and manner and in such circumstances as may be prescribed.
\n
(7)Regulations under subsection (6) shall ensure that— (a) the principle of proportionality is respected, (b) the applicant’s individual circumstances are taken into account, (c) the need to respect the applicant’s dignity or personal integrity is taken into account, and (d) the applicant’s special reception needs (if any) are taken into account.
\n
(8)The Minister or the Minister for Social Protection may provide the material reception conditions, or particular material reception conditions, as a financial allowance or vouchers or a combination of these.
\n
(9)The Minister, following consultation with the Minister for Social Protection, may make such regulations as the Minister considers necessary in order to— (a) arrange for the provision of material reception conditions to applicants, and (b) arrange for the giving of financial allowances or vouchers or a combination of these to applicants instead of any or all of the material reception conditions.
\n
(10)The entitlement of an applicant to material reception conditions under this Chapter shall not apply to an unaccompanied minor being provided with such conditions by or on behalf of the Child and Family Agency.
\n
Allocation of accommodation 76. (1) The Minister may allocate accommodation within the State to an applicant.
\n
(2)The Minister may, where the Minister considers it necessary to do so, allocate accommodation to an applicant that is different to the accommodation previously allocated by the Minister to the applicant and shall ensure that the applicant has the opportunity to inform the applicant’s legal representative or legal counselling service (if any) of the address of the new accommodation.
\n
(3)Other than where an applicant is detained under
\n
Part 5
\n
, an applicant may choose to reside at the accommodation allocated to the applicant under this section or, subject to
\n
Part 5
\n
, elsewhere in the State.
\n
(4)The Minister may by regulations provide for the putting in place of mechanisms for the purpose of verifying whether an applicant is residing at accommodation allocated to the applicant under this section for the purpose of subsection (2) or (3) of section 75 and such regulations may provide for all or any of the following: (a) mechanisms by which the person in charge of an accommodation centre or an officer of the Minister may verify whether the applicant is residing in the accommodation; (b) mechanisms, including electronic mechanisms, by which the applicant may confirm that he or she is residing in the accommodation, including verification of the applicant’s identity by use of an identity card, password, or such personal data (within the meaning of the Data Protection Regulation) as may be prescribed; (c) the processing (within the meaning of the Data Protection Regulation) of personal data for the purposes of verifying the identity of the applicant; (d) suitable and specific measures to be taken to safeguard the fundamental rights and freedoms of data subjects in processing the data (which may include, in particular, the measures referred to in section 36(1) of the Act of 2018).
\n
(5)The Minister shall have regard to the following matters when allocating accommodation to an applicant: (a) where family members of the applicant are applicants and are present in the State, the maintenance, with the agreement of the applicant and the family member concerned, of family unity; (b) gender and age-specific concerns; (c) the special reception needs of the applicant (if any); (d) where relevant, the efficient consideration of the applicant’s application; (e) the need to ensure, in so far as possible, the prevention of assault and violence including violence committed with a sexual, gender, racist or religious motive.
\n
(6)In allocating accommodation to a minor, the Minister shall ensure that the minor is accommodated with the minor’s parents or with the adult responsible under law for the minor and the minor’s unmarried minor siblings, provided it is in the best interests of the minor.
\n
(7)The Minister may, exceptionally and subject to subsection (8), provide material reception conditions to an applicant that are different to those provided for in this section where— (a) an assessment of an applicant’s needs is required to be carried out under section 81 , or (b) the accommodation otherwise normally available for allocation to an applicant is temporarily exhausted and the contingency plan for the time being in place under section 282 is activated.
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(8)The provision of material reception conditions in accordance with subsection (7) shall— (a) be for as short a period as possible, (b) ensure the applicant has access to health care in accordance with section 80 , and (c) be in accordance with Article 20(10) of the Reception Conditions Directive.
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(9)Where an applicant is availing of material reception conditions in an accommodation centre— (a) the applicant shall be afforded sufficient facilities within the accommodation centre to ensure that the applicant can communicate with the applicant’s relatives or legal representatives, persons providing legal counselling, representatives of the High Commissioner and other relevant national, international and non-governmental organisations or bodies, and (b) subject to subsection (10), family members and legal representatives of the applicant, persons providing legal counselling, representatives of the High Commissioner and other relevant non-governmental organisations shall have access to the accommodation centre in order to assist the applicant.
\n
(10)The right of access referred to in subsection (9)(b) may be limited only on grounds relating to the security of the accommodation centre and of applicants.
\n
(11)Where accommodation is allocated to an applicant, the Minister shall, without delay, inform the applicant in writing, in a language that the applicant understands or may reasonably be supposed to understand, of— (a) the applicant’s obligations under the house rules of the accommodation, and the consequences of non-compliance with the house rules, and (b) the contact details of the office of the Legal Aid Board and the Health Service Executive that services the area in which the accommodation is located.
\n
Reception needs of minors 77. (1) This section shall apply to an applicant who is a minor.
\n
(2)In the application of this Part to minors referred to in subsection (1), the best interests of the child shall be a primary consideration.
\n
(3)In assessing the best interests of a child, due account shall be taken of the following: (a) family reunification possibilities; (b) the minor’s well-being and social development, taking into account the minor’s background and the need for stability and continuity in care; (c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence or exploitation, including trafficking in human beings; (d) the views of the minor in accordance with the minor’s age and maturity.
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(4)The Minister shall ensure that minors referred to in subsection (1), where residing in accommodation in an accommodation centre allocated under this Chapter, have access to— (a) leisure activities, including play and recreational activities appropriate to their age, and (b) open-air activities within the accommodation centre.
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(5)The Minister, Minister for Children, Disability and Equality, the Minister for Health and the Health Service Executive shall, in accordance with the respective functions of each and having regard to any special reception needs of a minor referred to in subsection (1), ensure access to rehabilitation services for such a minor who has been a victim of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment, or who has suffered from armed conflict and shall ensure that appropriate mental health care and counselling is provided to the minor where required.
\n
(6)Persons working with minors referred to in subsection (1) shall— (a) have, and continue to receive, appropriate training concerning the rights and needs of minors, including those relating to any applicable child safeguarding standards, and (b) treat any information received in working with such minors as confidential and not disclose it to any person other than— (i) for the purpose of the performance of functions under this Act or the EU acts, (ii) when required, by order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or (iii) where otherwise required to do so in accordance with any enactment.
\n
Schooling and education for minors 78. (1) Notwithstanding subparagraphs (i) and (ii) of paragraph (a) and subparagraphs (i) to (iii) of paragraph (b) of section 74
\n
(1)and subject to subsection (3), this section shall apply to a minor who is present on the territory of the State who is an applicant.
\n
(2)Subject to subsection (6), a minor referred to in subsection (1) shall be given access to primary and post-primary education, support services and school materials in the like manner and to the like extent in all respects as an Irish citizen.
\n
(3)Access given in accordance with subsection (2) or (6) shall not be withdrawn from a minor referred to in subsection (1) solely because the minor ceases to be— (a) an applicant, or (b) a minor.
\n
(4)Access referred to in subsection (2) shall be given, taking into account school holidays— (a) in the case of an applicant within the meaning of the Act of 2015, within two months of the application concerned being received by the Minister under section 15 of the Act of 2015, and (b) in any other case, within two months of the lodging of the application concerned in accordance with section 40 .
\n
(5)The Minister for Education and Youth shall ensure that a minor referred to in subsection (1) is provided with such support services and language supports as are necessary to facilitate the minor’s access to, and participation in, education referred to in this section.
\n
(6)Where access to the general education system is not possible due to the specific situation of a minor referred to in subsection (1), the Minister for Education and Youth may make alternative arrangements for the education of that minor provided that such alternative arrangements— (a) ensure that the standard and quality of education provided is equivalent to that provided to a person who has not attained the age of 18 years and is an Irish citizen, and (b) ensure that the minor accessing education under alternative arrangements is provided with such support services and language supports as are necessary to facilitate access to, and participation in, the education provided under those arrangements.
\n
(7)In this section, “support services” means support services within the meaning of the Education Act 1998 .
\n
Language courses and vocational training 79. (1) The Minister and the Minister for Further and Higher Education, Research, Innovation and Science, shall make arrangements to ensure that applicants have access to courses that each Minister, in accordance with the respective functions of each, considers appropriate in order to help enhance applicants’ ability to— (a) act autonomously, (b) interact with competent authorities, or (c) find employment.
\n
(2)Without prejudice to the generality of subsection (1), the courses referred to in that subsection may include language courses, civic education courses and vocational training courses.
\n
(3)Where an applicant is considered to have sufficient means, the Minister or the Minister for Further and Higher Education, Research, Innovation and Science, as the case may be, may require the applicant to cover or contribute to the cost of a course to which the applicant has access under arrangements referred to in subsection (1).
\n
Health care 80. (1) The Minister for Health shall ensure that an applicant has access to such health care as is necessary, including— (a) emergency health care, (b) such health care as is necessary for the essential treatment of illnesses, including of serious mental disorders, (c) sexual and reproductive health care which is essential to address a serious physical condition, and (d) such other health care as is necessary to protect the applicant’s physical and mental health.
\n
(2)The Minister for Health shall ensure that an applicant who is a minor has access to health care in the like manner and to the like extent in all respects as a person who has not attained the age of 18 years and is an Irish citizen.
\n
(3)Where an applicant who is a minor starts specific treatment in accordance with this section before attaining the age of 18 years and the treatment is considered to be necessary, such treatment shall be continued without interruption or delay after the applicant reaches the age of 18 years for so long as is necessary and for so long as the applicant remains on the territory of the State.
\n
(4)Where an applicant has been assessed as having special reception needs under
\n
Part 2
\n
or section 81 , the Minister for Health shall ensure, having regard to those needs, that the applicant has access to— (a) such mental health care as is appropriate, and (b) where needed for medical reasons, such medical or other assistance as is appropriate and such rehabilitation or assistive device as is necessary.
\n
(5)The Minister for Health shall ensure that the health care received in accordance with this section is in accordance with Article 19(2) of the Reception Conditions Directive.
\n
(6)The Minister and the Minister for Health shall ensure that the requirements of subsection (5) are also met in respect of— (a) applicants assessed as having special reception needs under
\n
Part 2
\n
or section 81 , and (b) applicants held in detention under this Act.
\n
(7)Subject to subsection (8), following consultation with the Minister, the Minister for Health may by regulations do one or more than one of the following: (a) require an applicant to cover or contribute to the cost of the health care where the applicant has sufficient means to do so; (b) where it transpires that an applicant had sufficient means to cover the cost of health care received in accordance with this section at the time the applicant was provided with that healthcare, require that the applicant refund the cost of the health care to the State; (c) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an applicant to share details of the applicant’s financial means with the Minister and the Minister for Health in such form and manner and in such circumstances as may be prescribed; (d) in so far as is necessary and proportionate for the purposes of this subsection, impose requirements on an employer of an applicant, the Minister for Social Protection or the Revenue Commissioners to share details of payments an applicant received while an applicant with the Minister and the Minister for Health in such form and manner and in such circumstances as may be prescribed.
\n
(8)The Minister may only require an applicant to cover or contribute to the cost of the health care received under this section where the health care provided is not provided free of charge to Irish citizens.
\n
(9)Regulations under subsection (7) shall ensure that any measures requiring an applicant to fund or refund the cost of health care to the State— (a) respect the principle of proportionality, (b) take into account the individual circumstances of the applicant, (c) take into account the need to respect the applicant’s dignity or personal integrity, and (d) take into account the applicant’s special reception needs.
\n
(10)An applicant who has been notified of a decision to transfer him or her to another Member State in accordance with
\n
Part 6
\n
shall not be entitled to avail of the entitlements under, or be subject to the requirements of, subsection (7), (8) or (9).
\n
(11)Persons providing necessary medical and psychological treatment and care to applicants who have been subjected to trafficking in human beings, torture, rape or other serious acts of psychological, physical or sexual violence shall— (a) have, and continue to receive, appropriate training concerning the needs of such applicants and appropriate treatments for such applicants, and (b) treat any information received in working with such applicants as confidential and not disclose it to any person other than— (i) for the purpose of the performance of functions under this Act or the EU acts, (ii) when required, by order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or (iii) where otherwise required to do so in accordance with any enactment.
\n
Assessment of special reception needs 81. (1) The Minister shall, as soon as practicable, and not later than 30 working days, after an application is made or deemed to have been made under
\n
Part 3
\n
or an indication is given under paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, individually assess— (a) whether the applicant has special reception needs, and (b) if so, the nature of those special reception needs.
\n
(2)Where necessary for the purposes of ensuring appropriate communication during the assessment under subsection (1), the applicant shall be provided with the services of an interpreter.
\n
(3)The assessment under subsection (1) may be integrated with the assessment referred to in Article 20 of the Asylum Procedures Regulation.
\n
(4)Where subsection (3) applies, the assessment under subsection (1) must be continued after the application is lodged under section 40 , taking into account any information in the applicant’s file.
\n
(5)Notwithstanding the period referred to in subsection (1), where the Minister considers it necessary to do so, the Minister may at any stage after the expiry of that period, individually assess— (a) whether an applicant has special reception needs, and (b) if so, the nature of the applicant’s special reception needs.
\n
(6)The Minister for Health and the Health Service Executive shall provide the Minister with such assistance as is necessary for the performance by the Minister of the Minister’s functions under this section.
\n
(7)The Minister shall ensure that a person carrying out an assessment under this section— (a) is trained to detect signs that an applicant has special reception needs, (b) is trained to identify measures to address those special reception needs when identified, and (c) attends training where necessary in order to ensure that the person remains sufficiently qualified to detect and identify measures to address the special reception needs of an applicant.
\n
(8)An assessment under subsection (1) shall be initiated by identifying special reception needs based on one or more than one of the following indicators: (a) visible signs from the applicant that the applicant may have special reception needs; (b) the applicant’s statements; (c) the applicant’s behaviour; (d) where the applicant is a minor: (i) where applicable, statements from the minor’s parents or the adult taking responsibility for the minor; (ii) where designated or appointed, as the case may be, statements from the representative person or the provisional representative person of the minor; (iii) the statements and views of the minor in accordance with the minor’s age or maturity.
\n
(9)When assessing under this section whether an applicant may have special reception needs, the assessment shall take into consideration that the following categories of applicants are more likely to have special reception needs: (a) minors; (b) unaccompanied minors; (c) persons with disabilities; (d) elderly persons; (e) pregnant women; (f) lesbian, gay, bisexual, transgender and intersex persons; (g) single parents with minor children; (h) victims of trafficking in human beings; (i) persons with serious illnesses; (j) persons with mental disorders, including post-traumatic stress disorder; (k) persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, victims of gender-based violence, of female genital mutilation, of child or forced marriage, or of violence committed with a sexual, gender, racist or religious motive.
\n
(10)Where the applicant has been assessed as having special reception needs, the following information shall be included in the applicant’s file: (a) the nature of the applicant’s special reception needs; (b) a description of the visible signs or the applicant’s statements or behaviour relevant for the assessment of the applicant’s special reception needs; (c) measures that have been identified to address those needs; (d) the authorities responsible for addressing those needs.
\n
(11)Where there are indications that the mental or physical health of the applicant could affect the applicant’s reception needs, the person assessing the special reception needs of the applicant under this section shall, subject to the prior consent of the applicant, refer the applicant to an appropriate registered medical practitioner or psychologist (within the meaning of the Health and Social Care Professionals Act 2005 ) for further assessment.
\n
(12)The Minister shall take into account the result of the assessment under this section when deciding on the type of special reception support which may be provided to the applicant and shall make arrangements for the provision of such support.
\n
(13)Where necessary for the purposes of ensuring appropriate communications with the registered medical practitioner or psychologist following a referral in accordance with subsection (11), the applicant shall be provided with the services of an interpreter to ensure that the applicant can communicate with the registered medical practitioner, psychologist or other medical staff.
\n
(14)Where the lack of an interpreter would risk delaying treatment by a registered medical practitioner or psychologist, an oral translation may, subject to the applicant’s consent, be provided by other persons who have attained the age of 18 years.
\n
Provision of information to applicants 82. (1) Without prejudice to section 26 , the Minster shall, within 3 days from the date on which the application concerned is made or deemed to have been made under
\n
Part 3
\n
or an indication is made under paragraph (a), (b) or (c) of section 13(1) of the Act of 2015, inform the applicant of— (a) the material reception conditions to which the applicant is entitled, (b) the rights and obligations of the applicant under this Part, (c) the contact details of any organisations or groups of persons that, in the opinion of the Minister, may be able to help or inform an applicant in relation to the material reception conditions and health care to which the applicant is entitled, and (d) the contact details of any organisations or groups of persons that provide specific legal assistance and representation, including free of charge, or of any organisations or groups of people that, in the opinion of the Minister, may be able to help or inform an applicant in relation to the legal assistance or legal representation to which the applicant is entitled.
\n
(2)Subject to subsections (4) and (5), the information provided under subsection (1) shall— (a) be in writing and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, (b) be in a language that the applicant understands or is reasonably supposed to understand, and (c) be based on the template developed for that purpose by the Asylum Agency (if any).
\n
(3)Where the Minister considers it necessary, the information referred to in subsection (1) shall be adapted to the applicant’s needs and shall also be provided orally or, where appropriate, in a visual form, including in the form of a video or pictogram.
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(4)Where the applicant is an unaccompanied minor, the information provided under subsection (1) shall be provided by the Child and Family Agency— (a) in an age-appropriate manner, (b) in a manner that ensures that the unaccompanied minor understands it, (c) using material specifically adapted to minors where appropriate, and (d) in the presence of the minor’s representative person or provisional representative person.
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(5)In exceptional cases, the information required to be provided under this section shall be provided to the applicant by means of an oral translation or, where appropriate in a visual form, including by means of videos or pictograms where— (a) the information cannot be provided in writing within the period referred to in subsection (1) because the language that an applicant understands or is reasonably supposed to understand is a rare language, and (b) the applicant subsequently confirms that the applicant understands the information provided.
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(6)Where the circumstances in subsection (5) apply, the Minister shall provide the applicant with the information in writing in the language concerned as soon as practicable thereafter, other than where it is clear, in the opinion of the Minister, that the provision of such information is no longer necessary.
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House rules 83. (1) The Minister may make rules in relation to accommodation allocated for the housing of applicants under section 76 (in this Part referred to as “house rules”) to be complied with by applicants allocated the accommodation and visitors to the accommodation.
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(2)Without prejudice to the generality of subsection (1), house rules may relate to— (a) the conduct of residents, (b) arrangements to facilitate the communication referred to in section 76
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(9)(a) and access referred to in section 76
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(9)(b), including any limitations related to security of the accommodation and of applicants, (c) the operation of an accommodation centre, (d) the provision of a safe place in an accommodation centre for female residents and the minor children of female residents, and (e) the provision of separate sanitary facilities for male and female residents of an accommodation centre.
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(3)The Minister shall have regard to the following objectives in making house rules: (a) the need to ensure the quiet and peaceful enjoyment by persons of the facilities available in the accommodation; (b) ensuring the security of the accommodation; (c) the prohibition on violence and aggression by a person towards an applicant availing of accommodation in an accommodation centre, a member of staff of an accommodation centre or any other person attending an accommodation centre.
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(4)The Minster shall cause house rules to be— (a) made available on a website maintained by or on behalf of the Minister or the Government, and (b) provided to a resident as soon as possible and no later than 3 days after the allocation of the accommodation to the resident.
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Travel documents for applicants 84. (1) The Minister may, following an application by an applicant, issue a travel document to the applicant where there are serious humanitarian reasons or other imperative reasons that require the applicant’s presence in another state.
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(2)A travel document issued under subsection (1) shall be limited to the purpose and duration necessary for the reason for which it is issued.
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Chapter 3
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Reduction or withdrawal of material reception conditions Definitions 85. In this Chapter— “material reception benefits” means accommodation, food, personal hygiene products and associated benefits in kind, and “ section 86 decision” means a decision under subsection (1) or (2) of section 86 .
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Reduction or withdrawal of material reception conditions 86. (1) Where duly justified and proportionate, the Minister may— (a) where one or more of the circumstances specified in subsection (3) exists, reduce an applicant’s material reception benefits, or (b) where one or more of the circumstances specified in paragraph (f) or (g) of subsection (3) exists, withdraw the applicant’s material reception benefits.
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(2)The Minister for Social Protection may, where one or more of the circumstances specified in subsection (3) exists, reduce or withdraw an applicant’s daily expenses allowance.
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(3)The circumstances referred to in subsections (1) and (2) are the following: (a) the applicant abandons the specified place at which he or she was required to reside in accordance with section 102 without permission under section 110 ; (b) the applicant absconds; (c) the applicant does not cooperate with the Minister, the Determining Authority, the Tribunal or An Garda Síochána or does not comply with a procedural requirement established by this Act or EU acts; (d) the applicant has lodged a subsequent application; (e) the applicant has concealed financial resources, and has therefore unduly benefited from material reception conditions; (f) the applicant has seriously or repeatedly breached the house rules made under section 83 of the accommodation allocated to the applicant; (g) the applicant has behaved in a violent or threatening manner in the accommodation allocated to the applicant.
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(4)The procedural requirements referred to in subsection (3)(c) include the following: (a) a requirement to provide biometric data under section 15 ; (b) an obligation to travel to a screening centre under section 22 ; (c) a requirement to reside in a specified place under section 102 ; (d) a requirement to report to competent authorities under section 103 ; (e) a requirement under section 113 ; (f) a requirement related to the applicant’s detention under section 118 .
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(5)The Minister shall ensure that an applicant’s material reception conditions are not reduced or withdrawn other than pursuant to this section or otherwise under this Act.
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(6)The Minister for Social Protection shall ensure that an applicant’s daily expenses allowance is not reduced or withdrawn other than in accordance with this section or another enactment.
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Making a decision under section 86 87. (1) Where a Minister makes a section 86 decision, he or she shall— (a) take the decision objectively and impartially on the merits of the individual case, (b) have regard to the individual circumstances of the applicant, especially with regards to whether the applicant has been assessed as having special reception needs under section 81 , (c) have regard to the principle of proportionality, (d) make the decision in writing and include in the decision the reasons on which it is based, and (e) ensure the applicant retains access to— (i) health care in accordance with section 80 , and (ii) a standard of living in accordance with Union law, including the Charter, and international obligations for all applicants.
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(2)A Minister who makes a section 86 decision in respect of an applicant shall inform the applicant of the decision by notice in writing.
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(3)A notice under subsection (2) shall state the reasons for the section 86 decision the subject of the notice.
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Section 86 decision based on applicant’s conduct
\n
88.(1) Where a Minister makes a section 86 decision based on the applicant’s conduct referred to in paragraph (a), (b) or (c) of section 86
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(3), and the deciding Minister is subsequently satisfied that the conduct has ceased, the deciding Minister shall consider whether any material reception conditions reduced or withdrawn by the decision should be reinstated.
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(2)Where, following consideration referred to in subsection (1), some but not all material reception conditions are reinstated under this section, the deciding Minister concerned shall take a new section 86 decision and notify it to the applicant concerned accordingly.
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Appeal of section 86 decision 89. (1) The Minister shall by regulations provide for the procedure by which a section 86 decision that reduces or withdraws an applicant’s material reception benefits may be appealed.
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(2)The Minister for Social Protection shall by regulations provide for the procedure by which a section 86 decision that reduces or withdraws an applicant’s daily expenses allowance may be appealed.
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(3)An appeal under regulations under this section shall include a review of the reasons for the section 86 decision.
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(4)Where an appeal under regulations under this section is to a judicial authority, the Minister who makes the regulations shall ensure that free legal assistance and representation— (a) is made available as necessary to ensure effective access to justice, and (b) is provided by legal representatives whose interests do not conflict, or could not potentially conflict, with those of the applicant.
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(5)Legal assistance and representation referred to in subsection (4) shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the required procedural documents, and participation in the hearing before the judicial authorities on behalf of the applicant.
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Chapter 4
\n
Monitoring of reception conditions Definitions (Part 4) (Chapter 4) 90. In this Chapter— “authorised person” means a person appointed to be an authorised person under section 94 ; “material benefit” means the accommodation, food, personal hygiene products and associated benefits provided in kind referred to in paragraph (a) of the definition of “material reception conditions” in section 73 ; “National Standards” means the standards for accommodation offered to people in the international protection process for the time being published on a website maintained by or on behalf of the Minister under section 92
\n
(1); “monitoring body” means the body for the time being designated to be the monitoring body under section 91 ; “service provider”, in relation to an accommodation centre, means a person who, pursuant to an arrangement with the Minister, is engaged in the provision to an applicant of a material benefit at that accommodation centre.
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Monitoring body 91. (1) For the purposes of ensuring that the State complies with its obligations under Article 31 of the Reception Conditions Directive, the Minister shall by order designate a public body to be the monitoring body for the purposes of this Chapter.
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(2)Notwithstanding subsection (1), the Health Information and Quality Authority shall be designated to be the monitoring body until an order is made under subsection (1) and, when such an order is made, the Health Information and Quality Authority shall cease to be the monitoring body in accordance with the terms of the order.
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(3)Where the Health Information and Quality Authority or subsequently designated body ceases to be the monitoring body, this Chapter shall, on and after that cessation, continue to apply in relation to any inspection commenced but not completed by the Health Information and Quality Authority or subsequently designated body immediately before that cessation.
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(4)In this section, “public body” means a body established by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act).
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National Standards and monitoring of accommodation 92. (1) The Minister may, for the purposes of Article 31 of the Reception Conditions Directive, set standards for accommodation offered to people in the international protection process and shall publish those standards on a website maintained by or on behalf of the Minister.
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(2)The monitoring body shall, for the purposes of Article 31 of the Reception Conditions Directive— (a) monitor compliance by service providers with the National Standards in so far as they relate to accommodation centres, (b) advise the Minister as to the level of compliance by service providers with the National Standards in so far as they relate to accommodation centres, and (c) provide, in accordance with section 97 , a report of each inspection of an accommodation centre to the Minister.
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(3)The monitoring body shall be independent in the performance of its functions.
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Provision of information to monitoring body 93. The monitoring body may require a service provider to provide the monitoring body with any information that the monitoring body considers necessary in order to determine the level of compliance by the service provider with the National Standards in so far as they relate to accommodation centres.
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Authorised persons 94. (1) The monitoring body may appoint such and so many of its employees as it thinks fit to be authorised persons for the purposes of this Chapter.
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(2)The monitoring body shall give each authorised person a certificate of appointment and, when exercising any power conferred on an authorised person under this Chapter, the authorised person shall, if requested by any person affected, produce the certificate or a copy of it to that person.
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Inspection of accommodation centres 95. (1) An authorised person may, for the purposes of the performance by the monitoring body of its functions under this Chapter, do any of the following: (a) subject to subsection (5), enter and inspect at any time an accommodation centre; (b) at such accommodation centre, inspect, take copies of or extracts from and remove from the centre any documents or records (including personal records) relating to the provision to an applicant by, or on behalf of, the service provider, of a material benefit at that centre; (c) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the documents or records in question; (d) inspect any other item and remove it from the accommodation centre if the authorised person considers it necessary or expedient for the purposes of this Chapter; (e) interview in private— (i) any person who is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that accommodation centre, or (ii) any applicant who is being provided with a material benefit at the accommodation centre and who consents to be interviewed; (f) where an authorised person considers it necessary to do so in order to preserve for inspection records, documents or any other matter, to secure, for later inspection, and for such period as may reasonably be necessary for the purposes of the exercise of the authorised person’s powers under this Chapter, documents or records accessed or found during the inspection, and any data equipment, including any computer, in which those documents or records may be held; (g) take photographs, recordings, digital images and measurements of the accommodation centre; (h) make any other examination into the state and management of the accommodation centre or the standard of a material benefit provided by, or on behalf of, a service provider to applicants at that centre.
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(2)At any time, an authorised person, in respect of an accommodation centre which is the subject of an inspection under subsection (1), may require— (a) a service provider, or (b) any person who— (i) is in charge of the centre, (ii) is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that centre, or (iii) possesses, or is in charge of, any records held at the centre or in respect of a material benefit provided at that centre, even if the records are held elsewhere, to furnish the authorised person with the information the authorised person reasonably requires for the purposes of the functions of an authorised person under this Chapter and to make available to the authorised person any document or records in the power or control of the service provider or of any person described in paragraph (b) that, in the opinion of the authorised person, is relevant to the functions of an authorised person under this Chapter.
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(3)If a person is required under this Chapter to produce a document or record and that document or record is kept by means of a computer, the authorised person may require that person to produce that document or record in a form which is legible and can be taken away.
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(4)If an authorised person, in respect of an accommodation centre the subject of an inspection under subsection (1), considers an explanation necessary and expedient for the purposes of the performance of the functions of an authorised person under this Chapter, the authorised person may require the service provider or any person referred to in subsection (2)(b) to provide an explanation of any— (a) document or record inspected, copied or provided in accordance with this section, (b) other information provided in the course of the inspection, or (c) other matters which are the subject of the functions being performed by the authorised person under this Chapter.
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(5)An authorised person shall not enter a dwelling other than— (a) with the consent of the occupier, or (b) pursuant to a warrant under subsection (7).
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(6)Where, in relation to any accommodation centre, an authorised person, in the performance of his or her functions under this Chapter, is prevented or has reasonable cause to believe that he or she will be prevented from entering the accommodation centre or any part of it, an application may be made to the District Court for a warrant under subsection (7) authorising the entry.
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(7)Where a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for believing that— (a) there are any records (including records stored in non-legible form) relating to a material benefit provided to an applicant by, or on behalf of, a service provider or a person referred to in subsection (2)(b) at that accommodation centre or that there is anything being used at the centre which the authorised person considers it necessary to inspect for the purposes of his or her functions under this Chapter, or (b) there is, or such an inspection is likely to disclose, evidence of non-compliance with the National Standards, the judge may issue a warrant authorising an authorised person, accompanied by other persons with appropriate qualifications, or by members of An Garda Síochána, as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the accommodation centre or any part of it, if need be by reasonable force, and to perform the functions conferred by or under this Chapter.
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(8)If an authorised person— (a) has reasonable cause to expect any serious obstruction in the performance of the authorised person’s functions under this Chapter, and (b) is in possession of a warrant under subsection (7), the authorised person, when performing those functions, may be accompanied by a member of An Garda Síochána.
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(9)A statement or admission made by a person pursuant to a requirement under subsection (4) shall not be admissible in proceedings brought against the person for an offence (other than an offence under section 96
\n
(1)(d)).
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(10)In this section and section 96 , “dwelling” includes— (a) the space occupied by an applicant in an accommodation centre for the applicant’s private use, and (b) any part of an accommodation centre that is occupied as a private residence by— (i) a service provider, (ii) a person in charge of the centre, or (iii) a person who is engaged in providing to an applicant, on behalf of the service provider, a material benefit at that centre.
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Prohibition against certain conduct in relation to inspection 96. (1) A person who— (a) refuses to allow an authorised person, in the performance of his or her functions under section 95 — (i) to enter, in accordance with that section or in accordance with a warrant issued pursuant to section 95 , an accommodation centre or any part of it other than a dwelling, or (ii) to enter, under and in accordance with a warrant issued under section 95 , a dwelling, (b) refuses to allow a member of An Garda Síochána, or any person who accompanies an authorised person, to enter, under and in accordance with a warrant issued under section 95 , an accommodation centre or any part of it including a dwelling, (c) obstructs or impedes— (i) an authorised person in the performance of his or her functions under section 95 , or (ii) a member of An Garda Síochána, or any person who accompanies an authorised person, in accordance with a warrant issued under section 95 , or (d) gives to an authorised person, in the performance of his or her functions under section 95 , information that the person giving the information knows, or should reasonably know, to be false or misleading, shall be guilty of an offence and shall be liable on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.
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(2)Summary proceedings for an offence under this section may be brought and prosecuted by the monitoring body.
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(3)Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this section may be brought— (a) within 12 months from the date on which the offence was committed or alleged to have been committed, or (b) within 6 months from the date on which evidence first comes to the knowledge of the monitoring body that is sufficient, in the opinion of the monitoring body, to justify the bringing of the proceedings, whichever is the later, but no such proceedings shall be instituted later than 2 years from the date on which the offence was committed or alleged to have been committed.
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(4)For the purposes of subsection (3)(b), a document, purporting to have been issued by the monitoring body, certifying the date on which the evidence described in that subsection first came to the knowledge of the monitoring body— (a) is admissible without proof of the signature or official character of the person appearing to have signed the document, and (b) in the absence of evidence to the contrary, is proof of the matters certified in the document.
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(5)Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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Inspection reports 97. (1) An authorised person who conducts an inspection of an accommodation centre under section 95 shall prepare a report (in this section referred to as an “inspection report”) of the inspection after the inspection.
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(2)The monitoring body may publish an inspection report.
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(3)Before an inspection report is published, the monitoring body shall give a service provider a copy of the draft report along with a notice in writing stating that the provider may, not later than 30 days from the date on which the notice was received by the service provider, or such further period as the monitoring body allows, make submissions in writing to the monitoring body in relation to the draft report.
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(4)The monitoring body— (a) may, as soon as practicable after the expiry of the period referred to in subsection (3), and having considered any submissions made, amend the draft report, and (b) shall, where the report is to be published under subsection (2), no less than 15 days prior to such publication, furnish the final report to the Minister and to the service provider.
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(5)The monitoring body or an authorised person shall not be liable in damages arising from any report or other document prepared, or communication made, in good faith, for the purposes of, or in connection with, the performance of the functions of the monitoring body or an authorised person under this Chapter.
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Statutory notifications to monitoring body 98. The Minister shall— (a) notify the monitoring body, within 21 days of applicants being first allocated accommodation in an accommodation centre in accordance with section 76 , of such allocation, and (b) where a premises is to cease being used as an accommodation centre, notify the monitoring body, as soon as practicable, of the date of such cesser.
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Notification of serious incidents 99. (1) Where an incident or event to which subsection (3) applies occurs in an accommodation centre, the service provider concerned shall, subject to subsection (2)— (a) notify the monitoring body, within 3 days of the date on which it occurred, of the incident or event, and (b) keep a record of the incident or event.
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(2)In the case of an unexpected absence of a minor from an accommodation centre, the service provider concerned shall notify the monitoring body, within 24 hours of becoming aware of the absence of the minor, of such absence.
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(3)The incidents or events to which this subsection applies are— (a) the unexpected death of an applicant, (b) the making of an allegation of abuse of an applicant, (c) any serious injury to an applicant in an accommodation centre that requires immediate medical treatment, or (d) the unexpected absence of a minor from the accommodation centre.
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(4)In this section— “abuse” means mistreatment of any kind and includes the physical, financial or material, psychological, sexual or discriminatory mistreatment or neglect of an applicant; “serious injury” means an injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ.
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PART 5
\n
RESTRICTION OF FREEDOM OF MOVEMENT AND DETENTION
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Chapter 1
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Preliminary and general Application of Part 5 100. (1) This Part applies to a person who is present on the territory of the State and is— (a) an applicant, provided that the person— (i) is not the subject of a transfer decision under
\n
Part 6
\n
or, where so subject, has made a request to remain under section 141 that has yet to be determined or has made such a request and been granted the right to remain in the State under that section, or (ii) is not the subject of a return decision that is in effect under
\n
Part 11
\n
, or (b) where the person is not an applicant under this Act, a person who has made an application under section 15 of the Act of 2015, provided that the person— (i) has not ceased to be an applicant within the meaning of the Act of 2015, (ii) has not received a notification under section 21(11) of the Act of 2015, or (iii) has not been refused consent under section 22(15) of the Act of 2015.
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(2)References in this Part to an “applicant” shall be construed in accordance with this section.
\n
Particular reasons to believe that person might abscond 101. (1) Without prejudice to the consideration of any other matter, where any of the following circumstances exists in the case of an individual applicant, it may be regarded as reason to believe that that person might abscond: (a) the person, during the processing of his or her application— (i) provided to an immigration officer, an officer of the Minister or a member of An Garda Síochána, information that he or she knew, or could reasonably be expected to know, was false, (ii) misrepresented information to an immigration officer, an officer of the Minister or a member of An Garda Síochána or presented information to such a person in a way that was misleading, or (iii) when requested to provide information relevant to the examination of his or her application that was in his or her knowledge, withheld or concealed such information, whether or not by the use of false documents; (b) the person while in the State, destroyed or disposed of an identity document or travel document with the intention of preventing his or her identity or nationality being determined; (c) the person failed, without reasonable excuse, to cooperate with competent authorities or, as the case may be, comply with procedural requirements, under this Act or the EU acts; (d) the person explicitly expressed an intention not to cooperate with competent authorities or, as the case may be, comply with procedural requirements, under this Act or the EU acts; (e) the person has previously failed to comply with the law of the State, or of another state, relating to the entry, or presence, of foreign nationals into, or in, the State or, as the case may be, that other state; (f) the applicant is in the State and is required to be present in another Member State in accordance with Article 17(4) of the Asylum and Migration Management Regulation; (g) the applicant is required to be present in the State in accordance with Article 17(4) of the Asylum and Migration Management Regulation and has been transferred to the State after having absconded to another Member State; (h) the person’s application has been rejected as inadmissible or manifestly unfounded.
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(2)Without prejudice to the generality of paragraph (c) of subsection (1), procedural requirements referred to in that paragraph include— (a) a requirement under section 15 to provide biometric data, (b) a requirement under section 22 to travel to a screening centre, (c) an obligation under section 25 to provide information, (d) the requirement to lodge the application in accordance with section 40 and Article 28 of the Asylum Procedures Regulation, (e) a requirement to attend a personal interview, (f) a requirement to reside in a specified place under section 102 , and (g) a requirement to report to competent authorities under section 103 .
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Chapter 2
\n
Restrictions of freedom of movement Return decision where application is inadmissible on certain grounds, unfounded, manifestly unfounded or withdrawn 102. (1) An immigration officer, an officer of the Minister or a member of An Garda Síochána may, where necessary, require an applicant to reside in a specified place adapted for housing applicants— (a) for reasons of public order, or (b) where there is a risk of absconding, to effectively prevent the applicant from absconding, in particular where an applicant is an applicant who— (i) is required to be present in another Member State in accordance with Article 17(4) of the Asylum and Migration Management Regulation, or (ii) is required to be present in the State in accordance with Article 17(4) of the Asylum and Migration Management Regulation and who has been transferred to the State after having absconded to another Member State.
\n
(2)Where a requirement is made of an applicant under subsection (1), the provision of material reception conditions shall be subject to the actual residence by the applicant in the specified place.
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(3)The Minister may prescribe ways in which an applicant the subject of a requirement under subsection (1) or section 113
\n
(1)(b) may record or evidence his or her presence or residence at the specified place.
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Requirement that applicant report to competent authorities 103. (1) An immigration officer, an officer of the Minister or a member of An Garda Síochána may, where necessary and without disproportionately affecting his or her rights, require an applicant to report to an immigration officer or a member of An Garda Síochána at a specified time or at reasonable, specified intervals.
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(2)An immigration officer, an officer of the Minister or a member of An Garda Síochána may make a requirement referred to in subsection (1)— (a) to ensure that a requirement under section 102 is respected, or (b) to effectively prevent an applicant from absconding.
\n
(3)The Minister may by regulations provide for procedures by which an applicant may report in accordance with a requirement under subsection (1) or section 113
\n
(1)(c).
\n
(4)Without prejudice to the generality of subsection (3), regulations under that subsection may, in particular, provide for— (a) reporting by use of electronic means from a specified location other than in the presence of the relevant immigration officer or member of An Garda Síochána, (b) verification by a person the subject of a requirement under subsection (1) of his or her identity by use of an identity card, a password or prescribed personal data, and (c) the sharing, storage, processing and use of personal data for the purposes of verifying the identity of a person who reports from a specified location other than in the presence of the relevant immigration officer or member of An Garda Síochána.
\n
Matters to be taken into account 104. A decision to make a requirement under section 102 or 103 shall be proportionate and take into account relevant aspects of the individual situation of the applicant, including any special reception needs of that applicant that have been identified.
\n
Form and content of requirement restricting freedom of movement 105. (1) A requirement under section 102 or 103 shall— (a) be in writing, (b) state the reasons in fact and, where relevant, in law for the requirement, (c) be communicated to the applicant to whom it is made in writing together with information regarding the procedures for challenging the requirement and of the consequences of non-compliance with the obligations imposed by the requirement, and (d) be in a language that the applicant understands or may reasonably be supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
\n
Assistance for unaccompanied minor 106. Where an unaccompanied minor is the subject of a requirement under section 102 or 103 , his or her representative person or provisional representative person shall assist the minor with any matters relating to the requirement, a request under section 107 , a request under section 110 , a review under section 108 or an appeal under section 109 .
\n
Power to vary restriction of freedom of movement 107. (1) An immigration officer, an officer of the Minister or a member of An Garda Síochána may vary a requirement under section 102 or 103 where the circumstances relating to the making of the requirement change and in such other particular circumstances as the Minister may prescribe.
\n
(2)A person who is the subject of a requirement under section 102 or 103 may apply to the Minister, in such form and manner as the Minister may prescribe, to have the requirement varied.
\n
(3)Without prejudice to subsection (2), the Minister may, in particular, prescribe the changes of circumstances which may be the basis of an application under subsection (2).
\n
Review of restriction of freedom of movement 108. (1) A person who is the subject of a requirement under section 102 or 103 may, within 5 working days of the date of the making of that requirement, apply in writing to the Minister for a review of the requirement or of part of it.
\n
(2)The Minister, on receipt of an application under subsection (1), shall appoint an officer of the Minister (referred to in this Chapter as a “review officer”) to perform the functions of a review officer under this section.
\n
(3)Where the requirement under review was made by a member of An Garda Síochána, the officer of the Minister appointed shall be of Executive Officer grade or higher.
\n
(4)Where the decision under review was made by an officer of the Minister or an immigration officer, the Minister shall appoint an officer of the Minister of a rank that is the same or higher than the officer who made the decision that gave rise to the application for a review.
\n
(5)The review officer, having reviewed the requirement that gave rise to the application for a review, may vary, affirm or set aside the requirement.
\n
(6)A review officer shall within 10 working days notify the person the subject of the requirement of his or her decision under subsection (5) and where the requirement is varied or affirmed of the reasons for it.
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(7)Where a person applies under subsection (1) for a review of a requirement, the requirement shall remain in force until, as the case may be— (a) the review officer notifies the person of his or her decision to vary the requirement, (b) the review officer notifies the person of his or her decision to set aside the requirement, (c) where the decision of the review officer referred to in subsection (5) is appealed to the Tribunal, the Tribunal notifies the person of its decision to vary or set aside the decision, or (d) the requirement is otherwise varied by an immigration officer, an officer of the Minister or a member of An Garda Síochána.
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Appeal from decision of review officer 109. (1) An applicant who is dissatisfied with a decision of a review officer under section 108 may, within 10 working days of the date of the notice of the decision, appeal, in fact and law, against that decision to the Tribunal.
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(2)The Tribunal may extend the 10 day period referred to in subsection (1) in exceptional circumstances or in the interests of justice.
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(3)An appeal under subsection (1) shall be made in writing in the form required by the Tribunal and shall include copies of any documents referred to in the appeal.
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(4)The Director of the Tribunal shall assign an Appeals Officer (within the meaning of
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Part 13
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) to consider and determine appeals under this section and a reference in this section to the assigned Appeals Officer shall be construed as a reference to the Appeals Officer so assigned.
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(5)The assigned Appeals Officer of the Tribunal shall— (a) determine an appeal under this section within a reasonable time having regard to any guidelines issued by the Chief Appeals Officer under section 247
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(2), and (b) unless he or she considers it is not in the interests of justice to do so, and having had regard to the guidelines issued under section 247
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(2), make his or her determination in relation to the appeal without holding an oral hearing.
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(6)The determination of the assigned Appeals Officer under subsection (5) shall be to affirm, vary or set aside the decision of the review officer.
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Request to reside temporarily outside specified place 110. (1) An applicant who is subject to a requirement under section 102 or 113
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(1)(b) may make a request to the Minister, in writing, for permission to reside temporarily outside the place specified in the requirement.
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(2)Where a request is made under subsection (1), the decision regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.
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(3)An applicant may attend appointments with authorities and courts if his or her attendance is necessary and shall notify an immigration officer or a member of An Garda Síochána of such appointments.
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(4)The Minister may make regulations providing for procedures for making an application under this section, which may include making such an application electronically by uploading a request to a website or portal.
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Chapter 3
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Detention and alternatives to detention Prohibition of detention on certain grounds 111. (1) A person shall not be arrested, or detained, in the State— (a) for the sole reason that he or she is an applicant, (b) on the basis that he or she is an applicant of a particular nationality, or (c) for the sole reason that he or she is subject to a procedure under the Asylum and Migration Management Regulation.
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(2)Detention under this Chapter shall not be punitive in nature.
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Grounds of detention and application of alternatives to detention 112. The following grounds are the grounds referred to in sections 113 and 118 : (a) to determine or verify the identity or nationality of the applicant; (b) to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding; (c) to ensure compliance with a requirement under section 102 to which the applicant is subject where— (i) the applicant has not complied with such requirement, and (ii) there continues to be a risk of absconding; (d) to decide, in the context of the asylum border procedure, under
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Chapter 6
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of
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Part 7
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, whether the applicant should be authorised to enter the State; (e) in circumstances where— (i) the applicant— (I) is detained under— (A) section 223 or 230 , (B) subsection (1) or (2) of section 5 of the Act of 1999, (C) paragraph (a) of subsection (2) of section 5 of the Act of 2003, (D) subsection (3) of section 3 of the Immigration Act 2004 , or (E) Regulation 22(1) of the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ), or (II) is serving a prison sentence following a conviction and is subject to a deportation order, in order to prepare the return, or carry out the removal process, and (ii) the Minister can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of a return decision or deportation order; (f) in order to ensure transfer procedures are carried out in accordance with the Asylum and Migration Management Regulation in circumstances where the Minister takes a decision under section 138 to transfer an applicant to the Member State responsible or the Member State of relocation (within the meaning of the Asylum and Migration Management Regulation) and— (i) there is a risk of the applicant absconding, or (ii) the protection of national security or public order so requires; (g) when protection of national security or public order so requires.
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Alternatives to detention 113. (1) An immigration officer or a member of An Garda Síochána may, following an individual assessment in relation to an applicant, make any one or more than one of the following requirements of the applicant on the grounds set out in section 112 : (a) a requirement to— (i) attend at a specified place, that is not a place of detention, at, or by, a specified time, (ii) remain at a specified place that is not a place of detention, during a particular time period or for a specified period of time, and (iii) allow himself or herself to be conveyed by a specified vehicle to a specified place, in order to comply with a procedural requirement relating to his or her application for international protection, subject to section 114
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(2), for a maximum aggregate period of 12 hours to enable the applicant to comply with such a procedural requirement; (b) a requirement to reside at a specified place that is not a place of detention; (c) a requirement to report to an immigration officer or a member of An Garda Síochána at a specified time or at reasonable, specified intervals.
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(2)An immigration officer or a member of An Garda Síochána shall not detain an applicant under section 118 unless he or she has considered whether or not any of the alternatives to detention provided for in this section can be effectively applied for the purposes of the relevant ground for detention set out in section 112 .
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Measures relating to minors 114. (1) In exceptional circumstances, an immigration officer or a member of An Garda Síochána may make a requirement referred to in section 113 of an applicant who is a minor— (a) in the case of an accompanied minor, where the minor’s parent or primary care giver is the subject of a requirement under section 113 , (b) in the case of an unaccompanied minor, where such requirement safeguards the minor, and (c) after it has been established that making the requirement of the minor is assessed to be in the best interests of the minor.
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(2)A minor shall not be required to attend or remain at a specified place under section 113
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(1)(a) for any longer than 12 hours.
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(3)Where a requirement under section 113 is made of an applicant who is a minor, the requirement and any information to be given to the applicant shall also be given to the minor’s parent or another adult responsible for the minor, or where appointed or designated, the minor’s provisional representative person or representative person.
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Application of alternative to detention 115. (1) A requirement under section 113 shall be— (a) based on an individual assessment of the applicant’s circumstances, (b) proportionate to the ground specified in section 112 on which it is made, and (c) in the case of a requirement under section 113
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(1)(a), of such duration only as is required to comply with the relevant procedural requirement.
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(2)A requirement under section 113 shall— (a) be in writing, (b) state the reasons in fact and, where relevant, in law for the requirement, (c) be communicated to the applicant to whom it is made in writing together with information regarding the procedures for challenging the requirement and the consequences of non-compliance with the obligations imposed by the requirement, and (d) be in a language that the applicant understands or is reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language.
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(3)A person who makes a requirement under section 113 shall, without delay, inform the person who is the subject of the requirement, or cause him or her to be informed, in writing, in a language that he or she understands or may reasonably be supposed to understand, of— (a) the requirement, (b) the reason for the requirement and the relevant ground specified in section 112 , (c) the possible consequences of not complying with the procedural requirement identified in the requirement, (d) his or her right to appeal or challenge the requirement, (e) the procedures for making such an appeal or challenge, and