Refugee Act , 1996

1. Interpretation.

1.—(1)In this Act, unless the context otherwise requires—

F1[‘the Tribunal’means the Refugee Appeals Tribunal established by section 15;]

“applicant” means a person who has made an application for a declaration under section 8;

“authorised officer” means a person authorised in writing by the Commissioner to exercise the powers conferred on an authorised officer by or under this Act;

“the Commissioner” shall be construed in accordance with section 6;

“convention country” means a country other than the State for the time being standing designated in an order under section 22(6);

“declaration” shall be construed in accordance with section 17;

“the Dublin Convention” means the Convention determining the state responsible for examining applications for asylum lodged in one of the Member States of the European Communities done at Dublin on the 15th day of June, 1990 (the text of which, in the English language, is, for convenience of reference, set out in the Fourth Schedule to this Act);

“the establishment day” means the day appointed by the Minister under section 14;

“the High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner;

“the Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on the 28th day of July, 1951, and includes the Protocol relating to the Status of Refugees done at New York on the 31st day of January, 1967 (the text of which, in the English language, is, for convenience of reference, set out in the Third Schedule to this Act);

“immigration officer” means an immigration officer appointed under the Aliens Order, 1946 (S.R.& O., No. 395 of 1946);

“information” means information in the form of a document (including a thing) or in any other form;

“membership of a particular social group” includes membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation;

“the Minister” means the Minister for Justice;

“prescribed” means prescribed by regulations made by the Minister.

F2[‘Regulations of 2006’means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);]

F3[‘Regulations of 2013’means the European Union (Subsidiary Protection) Regulations 2013;]

F4[‘working day’means any day not being a Saturday, Sunday or public holiday;]

(2)In this Act—

(a)a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2. “Refugee”.

2.—In this Act “a refugee” means a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, but does not include a person who—

(a)is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

(b)is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,

F5[(c) there are serious grounds for considering that he or she—

(i) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(ii) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(iii) has been guilty of acts contrary to the purposes and principles of the United Nations.]

(d) F6[…]

(e) F6[…]

3. Extension to refugees of certain rights.

3.—(1)Subject to section 17(2), a refugee in relation to whom a declaration is in force shall be entitled to the same rights and privileges as those conferred by law on persons generally who are not Irish citizens (as distinct from such rights or privileges conferred on any particular person or group of such persons).

(2)(a)Without prejudice to the generality of subsection (1), a refugee in relation to whom a declaration is in force—

(i)shall be entitled to seek and enter employment, to carry on any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(ii)shall be entitled to receive, upon and subject to the terms and conditions applicable to Irish citizens, the same medical care and services and the same social welfare benefits as those to which Irish citizens are entitled,

(iii)shall be entitled, subject to section 4(2)—

(I)to reside in the State, and

(II)to the same rights of travel in or to or from the State as those to which Irish citizens are entitled,

(iv)shall have the same freedom to practise his or her religion and the same freedom as regards the religious education of his or her child as an Irish citizen,

(v)shall have access to the courts in the like manner and to the like extent in all respects as an Irish citizen, and

(vi)shall have the right to form and be a member of associations and trade unions in the like manner and to the like extent in all respects as an Irish citizen.

(b)In paragraph (a) “social welfare benefits” includes any payment or services provided for in or under the Social Welfare Acts, the Health Acts, 1947 to 1994, and the Housing Acts, 1966 to 1992.

(c)Without prejudice to the generality of subsection (1) or section 3 of the Aliens Act, 1935, and notwithstanding anything contained in section 45 of the Land Act, 1965, section 16 of the Mercantile Marine Act, 1955, or an order under the Air Navigation and Transport Act, 1946, a refugee in relation to whom a declaration is in force shall be entitled to acquire, hold, dispose or otherwise deal with real or personal property or an interest in such property in the like manner, to the like extent and subject to the like obligations and limitations as an Irish citizen.

4. Travel document.

4.—(1)Subject to subsection (2), the Minister shall, on application in writing in that behalf and on payment to the Minister of such fee (if any) as may be prescribed with the consent of the Minister for Finance, issue to a refugee in relation to whom a declaration is in force a travel document identifying the holder thereof as a person to whom a declaration has been given.

(2)The Minister may, in the interest of national security or public policy (“ordre public”), refuse to issue a travel document.

(3)A travel document shall be in such form as may be prescribed or in a form to the like effect.

(4)A person who applies to the Minister for a travel document under this section shall furnish to the Minister such information (if any) as the Minister may reasonably require for the purpose of his or her functions under this section.

5. Prohibition of refoulement.

5.—(1)A person shall not be expelled from the State or returned in any manner whatsoever to the frontiers of territories where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

(2)Without prejudice to the generality of subsection (1), a person's freedom shall be regarded as being threatened if, inter alia, in the opinion of the Minister, the person is likely to be subject to a serious assault (including a serious assault of a sexual nature).

6. Refugee Applications Commissioner.

6.—(1)(a)For the purposes of this Act, there shall be a person (referred to in this Act as “the Commissioner”) who shall be known as the Refugee Applications Commissioner.

(b)The Commissioner shall perform the functions conferred on him or her by this Act.

(2)The Commissioner shall be independent in the exercise of his or her functions under this Act.

(3)The provisions of the First Schedule shall have effect in relation to the Commissioner.

7. Annual report and information to Minister.

7.—(1)The Commissioner shall, no(t later than 3 months after the end of each year, submit a report in writing to the Minister of his or her activities during that year and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(2)The Commissioner shall furnish to the Minister such information relating to his or her activities as the Minister may from time to time require.

7A. F8[Establishment of Refugee Advisory Board.

7A.—(1) There shall be a board to be known as the Refugee Advisory Board (in this Act referred to as‘the Board’) to perform the functions conferred on it by this Act.

(2) The Board shall be independent in the performance of its functions.

(3) The provisions of the Schedule to this section shall have effect in relation to the Board.

(4) (a) The Board shall, in every second year beginning with the yearF9[2005], prepare and submit to the Minister a report inwriting on the operation in the preceding 2 years of this Act and may include in the report information and comment in respect of asylum policy and refugees including any proposals to amend legislation and recommendations regarding the practice or procedures of public or private bodies in relation to applicants and any other matters relating to such operation coming to its attention to which it considers that his or her attention should be drawn and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(b) The Board shall, at the request of the Minister, prepare and furnish to him or her a report in writing on such matters relating to the performance of its functions as the Minister may specify and as soon as may be after the receipt by the Minister of the report, he or she shall cause a copy of it to be laid before each House of the Oireachtas.

(5) The Commissioner shall, whenever so requested by the Board, furnish to the Board information in relation to such matters as the Board may specify relating to the performance of its functions.

SCHEDULE

Subsection (3).

Refugee Advisory Board

(a) one shall be a representative of the Minister nominated by the Minister,

(b) one shall be a representative of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs,

(c) one shall be a representative of the Minister for Social, Community and Family Affairs nominated by the Minister for Social, Community and Family Affairs,

(d) one shall be a representative of the Minister for Education and Science nominated by the Minister for Education and Science,

(e)one shall be a representative of the Minister for Health and Children nominated by the Minister for Health and Children,

(f) one shall be a representative of the Minister for the Environment and Local Government nominated by the Minister for the Environment and Local Government,

(g) one shall be a representative of the Minister for Enterprise, Trade and Employment nominated by the Minister for Enterprise, Trade and Employment,

F10[(gg) one shall be the chairperson of the Refugee Appeals Tribunal,]

(h) six shall be women and six shall be men.

(a) the desirability of ensuring that a person or persons representative of refugees and applicants is or are appointed to membership of the Board, and

(b) the person’s interest in or knowledge of asylum and the provision of protection and assistance to refugees or his or her competence otherwise to assist the Board in the performance of its functions.

8. Applications for declaration.

8.—(1)(a)A person who arrives at the frontiers of the State seeking asylum in the State or seeking the protection of the State against persecution or requesting not to be returned or removed to a particular country or otherwise indicating an unwillingness to leave the State for fear of persecution—

(i)shall be interviewed by an immigration officer as soon as practicable after such arrival, and

(ii)may apply to the Minister for a declaration.

(b)The immigration officer concerned shall inform a person referred to in paragraph (a), where possible in a language that the person understands, that he or she may apply under that paragraph for a declaration and that he or she is entitled to consult a solicitor and the High Commissioner.

F11[(c) A person who at any time is in the State (whether lawfully or unlawfully) and is seeking the status of a refugee in the State may apply to the Minister for a declaration and, if he or she does so, shall be interviewed by an authorised officer or an immigration officer at such times as may be specified by the authorised officer or the immigration officer, as the case may be, who shall also inform the person that he or she is entitled to consult a solicitor and the High Commissioner and the person shall make himself or herself available for such interview at the times so specified.]

F11[(2) An interview under subsection (1) shall, in relation to the person the subject of the interview, seek to establishinter alia—

(a) whether the person wishes to make an application for a declaration and, if he or she does so wish, the general grounds upon which the application is based,

(b) the identity of the person,

(c) the nationality and country of origin of the person,

(d) the mode of transport used and the route travelled by the person to the State,

(e) the reason why the person came to the State, and

(f) the legal basis for the entry into or presence in the State of the person,

and shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the interview was conducted by an immigration officer, to the Commissioner.]

F11[(3) (a) The Commissioner shall notify the High Commissioner in writing of the making of an application and the notice shall include the name of the applicant and thename of his or her country of origin and such other information as the Minister may specify by notice in writing addressed to the Commissioner.

(b) The Commissioner shall furnish a copy of the record of any interview under subsection (1)—

(i) to the Minister, and

(ii) to the High Commissioner whenever so requested by him or her in writing.]

F11[(4) An application under subsection (1) shall be made in writing in the prescribed form or in a form to the like effect and shall be addressed to the Commissioner.]

F11[(5)(a)Where it appears to an immigration officer or an authorised officer that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform theF12[Child and Family Agency]and thereupon the provisions of theChild Care Act, 1991, shall apply in relation to the child.]

F13[(b) Where it appears to theF12[Child and Family Agency], on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), theF12[Child and Family Agency]shall arrange for the appointment of an employee of theF12[Child and Family Agency]or such other person as it may determine to make an application on behalf of the child.]

(c)Any costs incurred by a person under paragraph (b) other than any legal costs arising from such application shall be paid by the F12[Child and Family Agency].

(d)F14[…]

(6)For the purposes of this Act, a person who travels by sea or air from outside the State and lands in the State shall be deemed to arrive at the frontiers of the State.

9. Leave to enter or remain in State.

9.—(1)Subject to the subsequent provisions of this section, an applicant, being a person referred to in section 8(1)(a), shall be given leave to enter the State by the immigration officer concerned.

(2)Subject to the subsequent provisions of this section, a person to whom leave to enter the State is given under subsection (1) or an applicant, being a person referred to in section 8(1) (c), shall be entitled to remain in the State until—

F15[(a) the date on which his or her application is transferred to a convention country pursuant to section 22 or to a safe third country (within the meaning of that section), or

(b) the date on which his or her application is withdrawn or deemed to be withdrawn under this section or section 11, or]

(c)the date on which notice is sent that the Minister has refused to give him or her a declaration.

F16[(3) (a) The Commissioner shall give or cause to be given to a person referred to in subsection (2) a temporary residence certificate (in this section referred to as‘a certificate’) stating the name and containing a photograph of the person and such other information relating to the person as may be prescribed and specifying the date on which the person's application for a declaration was received by the Commissioner and stating that, subject to the provisions of this Act, and, without prejudice to any other permission or leave granted to the person to remain in the State, the person shall not be removed from the State before the final determination of his or her application.

(b) A certificate shall remain the property of the Minister.

F17[(c) A certificate shall be deemed to be a registration certificate for the purposes ofsection 12of the Immigration Act 2004 and a person who is the holder of a certificate that is in force shall be deemed to have complied withsection 9of that Act.]

(d) If a person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures the forging or fraudulent alteration of a certificate, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding£1,500, or to imprisonment for a term not exceeding 12 months, or to both.]

(4) An applicant shall not—

(a) leave or attempt to leave the State without the consent of the Minister, or

(b) … [declared unconstitutional, see E-note below]

F15[(4A) (a) An applicant shall inform the Commissioner of his or her address and of any change of address as soon as possible.

(b) Where 5 working days have elapsed since the making of an application for a declaration and the applicant has not informed the Commissioner of his or her address, the application shall be deemed to be withdrawn.]

F15[(5) (a) An immigration officer or an authorised person may, by notice in writing, require an applicant—

(i) to reside or remain in particular districts or places in the State, or

(ii) to report at specified intervals to an immigration officer or person or persons authorised by the Minister or member of the Garda Síochána specified in the notice,

and the applicant shall comply with the requirement.

(b) In this subsection‘an authorised person’means a person appointed by the Minister to be an authorised person for the purposes of this subsection.

(6) Upon application to the Minister in that behalf by the applicant concerned, the Minister may, as he or she thinks fit, direct the immigration officer or the authorised person concerned to withdraw the requirement concerned or to amend it in a specified manner.]

(7)A person who contravenes F15[subsection (4),(4A)or(5)] shall be guilty of an offence and shall be liable on summary conviction to a fine notexceeding £500 or to imprisonment for a term not exceeding 1 month or to both.

(8)Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that an applicant—

(a)poses a threat to national security or public order in the State,

(b)has committed a serious non-political crime outside the State,

(c)has not made reasonable efforts to establish his or her true identity,

(d)intends to avoid removal from the State in the event of his or her application for asylum being transferred to a convention country pursuant to section 22 F18[or a safe third country (within the meaning of that section)],

(e)intends to leave the State and enter another state without lawful authority, or

(f)without reasonable cause has destroyed his or her identity or travel documents or is in possession of forged identity documents.

he or she may detain the person in a prescribed place (referred to subsequently in this Act as “a place of detention”).

(9)The Minister shall make regulations providing for the treatment of persons detained pursuant to this section.

(10)(a)A person detained pursuant to subsection (8) shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

(b)Where a person is brought before a judge of the District Court pursuant to paragraph (a), the judge may—

(i)subject to paragraph (c), and if satisfied that one or more of the paragraphs of subsection (8) applies in relation to the person, commit the person concerned to a place of detention for a period not exceeding F15[21 days] from the time of his or her detention, or

(ii)without prejudice to paragraph (c), release the person and the judge may make such release subject to such conditions as he or she considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:

(I)that the person resides or remains in a particular district or place in the State,

(II)that he or she reports to a specified Garda Síochána station or immigration officer at specified intervals,

(III)that he or she surrenders any passport or travel document in his or her possession.

(c)If, at any time during the detention of a person pursuant to this section, an immigration officer or a member of the Garda Síochána is of opinion that none of the paragraphs of subsection (8) applies in relation to the person, he or she shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district where the person is being detained and if thejudge is satisfied that none of the paragraphs of subsection (8) applies in relation to the person, the judge shall release the person.

(d)Where a person is released from a place of detention subject to one or more of the conditions referred to in subsection (10) (b) (ii), a judge of the District Court assigned to the District Court district in which the person resides may, on the application of the person, an immigration officer or a member of the Garda Síochána, if he or she considers it appropriate to do so, vary (whether by the alteration, addition or revocation of a condition) a condition.

(11)Subsections (4), (5), (8) and (10) shall apply only to an applicant who, but for the provisions of this Act, would not be entitled to enter or remain in the State.

(12)(a)Subsection (8) shall not apply to a person who is under the age of 18 years.

(b)If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of subsection (8) shall apply as if he or she had attained the age of 18 years.

F19[(c) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person actingin loco parentisor any other person) and such person is detained pursuant to the provisions of this section, the immigration officer or the member of the Garda Síochána concerned shall, without delay, notify theF20[Child and Family Agency]of the detention and of the circumstances thereof.]

(13)(a)A member of the Garda Síochána may detain a person who, in the member's opinion, has failed to comply with a condition imposed by the District Court under subsection (10) in a place of detention.

(b)A person detained under paragraph (a) shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained; and subsection (10) shall apply to such person detained under paragraph (a) as it applies to a person detained pursuant to subsection (8) with any necessary modifications.

(c)If a judge of the District Court is satisfied in relation to a person brought before him or her pursuant to paragraph (b) that the person has complied with the condition concerned, the judge shall order the release of the person.

(14)(a)Where a judge of the District Court commits a person to a place of detention under subsection (10) (b) or (13) (b), a judge of the District Court assigned to the District Court district in which the person is being detained may, if satisfied that one or more of the paragraphs of subsection (8) applies in relation to the person, commit him or her for further periods (each period being a period not exceeding F15[21 days]) pending the determination of the person’s application under section 8.

(b)If at any time during the detention of a person pursuant to this section the person indicates a desire to leave the State, he or she shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and the judge shall, if he or she is satisfied that the person does not wish to proceed with his or her application for a declaration and wishes to leave the State, order the Minister to arrange for the removal of the person from the State and may include in the order such ancillary or consequential provisions as he or she may determine and the person concerned shall be deemed to have withdrawn his or her application for a declaration.

F16[(15) A person referred to in subsection (1) shall not be given leave to enter the State under that subsection if he or she is the subject of an order undersection 4of the Immigration Act, 1999.]

(16)Where, pursuant to subsection (15), a person is not given leave to enter the State he or she shall not be entitled to make an application for a declaration without the consent of the Minister.

9A. F21[Powers of authorised officers and immigration officers.

9A.—(1) An authorised officer, a member of the Garda Síochána or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant.

(2) Fingerprints shall not be taken under this section from a person under the age of 14 years except in the presence of a person who is—

(a) a parent or a person who is actingin loco parentis; or

F22[(b) an employee of theF23[Child and Family Agency]or other person appointed by theF23[Child and Family Agency]under section 8(5)(b).]

(3) The fingerprints of a person under the age of 14 years shall not be taken under this section without the prior approval—

(a) in the case of an authorised officer or an immigration officer who is not a memberof the Garda Síochána, of the Minister or a person designated for that purpose by the Minister; or

(b) in the case of a member of the Garda Síochána, of his or her chief superintendent or a person designated for that purpose by his or her chief superintendent.

(4) If and for so long as the authorised officer, the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 14 years, the provisions of subsection (2) shall apply as if he or she had attained the age of 14 years.

(5) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)(c), and to have failed to comply with the requirements of section 11C.

(6) The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

(7) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed—

(a) in case the applicant becomes a citizen of the State, before the expiration of one month after the granting of the certificate of naturalisation or of Irish citizenship to him or her or the acknowledgement by the Minister of the validity of his or her declaration accepting Irish citizenship, as the case may be;

(b) in any other case, before the expiration of 10 years after the taking of such fingerprints.

(8) Information obtained pursuant to subsection (1) may be communicated to convention countries or a safe third country (within the meaning ofsection 22) as if it was information to which subsection (9) or, as may be appropriate, subsection (10) of that section relates.]

10. Provisions relating to detained persons.

10.—(1)The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall, without delay, inform a person detained pursuant to subsection (8) or (13) (a) of section 9 or cause him or her to be informed, where possible in a language that the person understands—

(a)that he or she is being detained pursuant to section 9,

(b)that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released pending consideration of that person’s application for a declaration under section 8,

(c)that he or she is entitled to consult a solicitor,

(d)that he or she is entitled to have notification of his or her detention, the place of detention concerned and every change of such place sent to the High Commissioner and to another person reasonably named by him or her,

(e)that he or she is entitled to leave the State in accordance with the provisions of this paragraph at any time during the period of his or her detention and if he or she indicates a desire to do so, he or she shall, as soon as practicable, be brought before a court and the court may make such orders as may be necessary for his or her removal from the State, and

(f)that he or she is entitled to the assistance of an interpreter for the purpose of consultation with a solicitor pursuantto paragraph (c) and for the purpose of any appearance before a court pursuant to section 9.

(2)The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall also explain to a person detained pursuant to subsection (8) or (13) (a) of section 9, where possible in a language that the person understands, that, if he or she does not wish to exercise a right specified in subsection (1) immediately, he or she will not be precluded thereby from doing so later.

(3)The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall notify the Commissioner and F24[the Tribunal] of the detention or release of a person pursuant to the provisions of section 9.

(4)The Commissioner or, as the case may be, F24[the Tribunal] shall ensure that the application for a declaration of a person detained pursuant to subsection (8) or (13) (a) of section 9 shall be dealt with as soon as may be and, if necessary, before any other application for a declaration of a person not so detained.

11. Investigation of applications by Commissioner.

11.—F25[(1) Where an application is received by the Commissioner under section 8 and the application is not withdrawn or deemed to be withdrawn pursuant to this section or section 9 or 22, it shall be the function of the Commissioner to investigate the application for the purpose of ascertaining whether the applicant is a person in respect of whom a declaration should be given.]

F25[(2) In a case to which subsection (1) applies, the Commissioner shall, for the purposes of that provision, direct an authorised officer or officers to interview the applicant concerned and the officer or officers shall comply with any such direction and furnish a report in writing in relation to the interview concerned to the CommissionerF26[…].]

F27[(2A) An applicant interviewed under subsection (2) shall, whenever necessary for the purpose of ensuring appropriate communication during the interview, be provided by the Commissioner with the services of an interpreter.

(2B) An interview under subsection (2) shall take place without the presence of family members of the applicant unless the Commissioner considers it necessary for an appropriate investigation to have other family members present.]

F25[(3)(a) The applicant concerned, the High Commissioner or any other person concerned may make representations in writing to the Commissioner in relation to any matter relevant to an investigation by him or her under this section and the Commissioner shall take account of any such representations made before or during an interview under subsection (2).

(b) The High Commissioner may, whenever he or she so requests, be present at an interview under subsection (2).]

(4)(a)The Commissioner may, for the purposes of his or her functions under this Act, by notice in writing, request the Minister, the Minister for Foreign Affairs or such other persons as may be specified in the notice to make such inquiries and to furnish to him or her such information in his or her possession or control as he or she may reasonably require within such period as shall be specified in the notice.

(b)Following the receipt of a request under subsection (1), the Minister or the Minister for Foreign Affairs, as the case may be, may withhold any information in his or her possession or control in the interest of national security or public policy (“ordre public”).

(5)Nothing in the Data Protection Act, 1988, shall be construed as prohibiting a person from giving to the Commissioner, on requestby him or her, such information as is in the person’s possession or control relating to the application.

(6) F28[…]

(7) F28[…]

(8)F29[On receipt by the Commissioner of an application under the provisions of this Act,] the Commissioner shall, without delay, give or cause to be given to the applicant a statement in writing specifying, where possible in a language that he or she understands—

(a)the procedures to be observed in the investigation of applications under this section,

(b)the entitlement of the applicant to consult a solicitor,

(c)the entitlement of the applicant to contact the High Commissioner,

(d)the entitlement of the applicant to make written submissions to the Commissioner,

F25[(e)the duty of the applicant to co-operate with the Commissioner and to furnish information relevant to his or her application for a declaration,

(f)the obligation of the applicant to comply with subsections (4), (4A) and (5) ofsection 9 and the possible consequences of non-compliance with that obligation including the possibility that his or her application for a declaration may be deemed to be withdrawn and that the Minister may refuse to give the applicant a declaration,]

F30[(g)the possible consequences of the failure of the applicant to attend an interview under this section.]

F25[(9) An applicant may withdraw his or her application for a declaration by sending notice of withdrawal to the Commissioner.]

F30[(10) Where an applicant does not attend for interview with an authorised officer under this section on the date and at the time fixed for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Commissioner with an explanation for the non-attendance which in the opinion of the Commissioner is reasonable in the circumstances, his or her application shall be deemed to be withdrawn.

(11) Where—

(a) it appears to the Commissioner that an applicant is failing in his or her duty to co-operate with the Commissioner or to furnish information relevant to his or her application for a declaration, or

(b) the Minister notifies the Commissioner that he or she is of opinion that the applicant is in breach of subsection (4)(a), (4A) or (5) of section 9,

the Commissioner shall send to the applicant a notice in writing inviting the applicant to indicate in writing (within 15 working days of the sending of the notice) whether he or she wishes to continue with his or her application and, if an applicant does not furnish an indication within the time specified in the notice, his or her application for a declaration shall be deemed to be withdrawn.

(12) The procedures to be followed in investigations under this section may be prescribed and different procedures may be prescribed for different classes of applications.]

11A. F31[Burden of proof.

11A.—(1) Where, at any time during the investigation of an application by the Commissioner under section 11, it appears to him or her that an applicant—

(a) is a national of, or has a right of residence in, a country standing designated by order under section 12(4) as a safe country of origin, or

(b) had lodged a prior application for asylum in another state party to the Geneva Convention,

then the applicant shall be presumed not to be a refugee unless he or she shows reasonable grounds for the contention that he or she is a refugee.

(2) Where an application is one to which section 22 applies, it shall be for the applicant to show that his or her application should be examined in the State.

(3) Where an applicant appeals against a recommendation of the Commissioner under section 13, it shall be for him or her to show that he or she is a refugee.]

11B. F32[Credibility.

11B.—The Commissioner or the Tribunal, as the case may be, in assessing the credibility of an applicant for the purposes of the investigation of his or her application or the determination of an appeal in respect of his or her application, shall have regard to the following:

(a) whether the applicant possesses identity documents, and, if not, whether he or she has provided a reasonable explanation for the absence of such documents;

(b) whether the applicant has provided a reasonable explanation to substantiate his or her claim that the State is the first safe country in which he or she has arrived since departing from his or her country of origin or habitual residence;

(c) whether the applicant has provided a full and true explanation of how he or she travelled to and arrived in the State;

(d) where the application was made other than at the frontiers of the State, whether the applicant has provided a reasonable explanation to show why he or she did not claim asylum immediately on arriving at the frontiers of the State unless the application is grounded on events which have taken place since his or her arrival in the State;

(e) where the applicant has forged, destroyed or disposed of any identity or other documents relevant to his or her application, whether he or she has a reasonable explanation for so doing;

(f) whether the applicant has adduced manifestly false evidence in support of his or her application, or has otherwise made false representations, either orally or in writing;

(g) whether the applicant, without reasonable cause, having withdrawn his or her application and not having been refused a declaration under section 17, has made a subsequent application under section 8;

(h) whether the applicant, without reasonable cause, has made an application following the notification of a proposal under section 3(3)(a) ofthe Immigration Act 1999;

(i) whether the applicant has complied with the requirements of section 11C;

(j) whether the applicant has, without reasonable cause, failed to comply with the requirements of section 9(4)(a);

(k) whether the applicant has, without reasonable cause, failed to comply with therequirements of section 9(4A);

(l) whether the applicant has, without reasonable cause, failed to comply with the requirements of section 9(5);

(m) whether, in the case of an application to which section 16 applies, the applicant has furnished information in relation to the application which he or she could reasonably have furnished during the investigation of the application by the Commissioner but did not so furnish.]

11C. F33[Duty to co-operate.

11C.—(1) It shall be the duty of an applicant to co-operate in the investigation of his or her application and in the determination of his or her appeal, if any.

(2) In compliance with subsection (1), an applicant shall furnish to the Commissioner or the Tribunal, as may be appropriate, as soon as reasonably practicable, all information in his or her possession, control or procurement relevant to his or her application.]

12. F34[Prioritisation of applications.

12.—(1) Subject to the need for fairness and efficiency in dealing with applications for a declaration under this Act, the Minister may, where he or she considers it necessary or expedient to do so, give a direction in writing to the Commissioner or the Tribunal or to both requiring either or both of them, as the case may be, to accord priority to certain classes of applications determined by reference to one or more of the following matters:

(a) the grounds of applications under section 8,

(b) the country of origin or habitual residence of applicants,

(c) any family relationship between applicants,

(d) the ages of applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made,

(e) the dates on which applications were made,

(f) considerations of national security or public policy,

(g) the likelihood that the applications are well-founded,

(h) if there are special circumstances regarding the welfare of applicants or the welfare of family members of applicants,

(i) whether applications do not show on their face grounds for the contention that the applicant is a refugee,

(j) whether applicants have made false or misleading representations in relation to their applications,

(k) whether applicants had lodged prior applications for asylum in another country,

(l) whether applications under section 8 were made at the earliest opportunity after arrival in the State,

(m) whether applicants are nationals of or have a right of residence in a country of origin designated as safe under this section,

(n) if an applicant is a person to whom paragraph (a), (b) or (c) of section 2 applies.

(2) The Commissioner or the Tribunal shall comply with a direction given to him, her or it under this section.

(3) The Minister may be a direction revoke or alter a direction given by him or her under subsection (1).

F35[(4)(a) The Minister may, by order made after consultation with the Minister for Foreign Affairs, designate a country as a safe country of origin.

(b) The Minister may make an order under paragraph (a) only if he or she is satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that, in the country concerned, there is generally and consistently no persecution, construed in accordance with section 2 and Regulation 9 of the Regulations of 2006, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

(c) In making the assessment referred to in paragraph (b), the Minister shall take account of, among other things, the extent to which protection against persecution or mistreatment is provided in the country concerned by—

(i) the relevant laws and regulations of the country and the manner in which they are applied,

(ii) observance of the rights and freedoms laid down in the European Convention on Human Rights, the International Covenant for Civil and Political Rights and the Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention on Human Rights,

(iii) respect of the non-refoulement principle according to the Geneva Convention, and

(iv) provision for a system of effective remedies against violations of these rights and freedoms.

(d) The determination as to whether an order under paragraph (a) should be made in relation to a particular country shall be based on, among other things, available information from other Member States, the High Commissioner, the Council of Europe and other relevant international organisations.

(e) Where the Minister considers it appropriate, he or she shall, in consultation with the Minister for Foreign Affairs, review a designation under paragraph (a) having regard to the matters specified in paragraphs (b) to (d).

(f) The Minister shall notify the European Commission of the making, amendment or revocation of an order under paragraph (a).]

(5) In this section—

‘the Convention against Torture’means the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by resolution 39/46 of the General Assembly of the United Nations on 10 December 1984;

F36[‘country’includes part of a country;]

‘the European Convention on Human Rights’means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950;

‘the International Covenant on Civil and Political Rights’means the International Covenant on Civil and Political Rights adopted by Resolution 2200A (XXI) of the General Assembly of the United Nations on 16 December 1966.]

13. F37[Recommendations and reports of Commissioner.

13.—(1) Where the Commissioner carries out an investigation under section 11 he or she shall, as soon as may be, prepare a report in writing of the results of the investigation and such report shall refer to the matters raised by the applicant in the interview under section 11 and to such other matters as the Commissioner considers appropriate and shall set out the findings of the Commissioner together with his or her recommendation whether the applicant concerned should or, as the case may be, should not be declared to be a refugee.

(2) Where an application for a declaration is withdrawn or deemed to be withdrawn pursuant to section 9 or 11, then—

(a) any investigation under section 11 shall be terminated,

(b) the report referred to in subsection (1) shall state that the application has been withdrawn or deemed to be withdrawn, as the case may be, and shall include a recommendation that the applicant concerned should not be declared to be a refugee, and

(c) no appeal under section 16 shall lie against a recommendation under paragraph (b).

(3) The Commissioner shall, if so requested by the High Commissioner, notify him or her of the making of the recommendation under subsection (1).

(4) (a) The Commissioner shall send a copy of a report under subsection (1) to the applicant concerned, to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

(b) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that theapplicant should not be declared to be a refugee, the Commissioner shall, subject to subsections (5) and (8), send a notice in writing to the applicant stating that the applicant may appeal to the Tribunal under section 16 against the recommendation and may request an oral hearing within 15 working days from the sending of the notice.

(c) Where the applicant has not appealed against the recommendation referred to in paragraph (b) within 15 working days after the sending of a notice under that paragraph, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(d) Where a report under subsection (1) includes a recommendation that the applicant should be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

(e) Where a report under subsection (1) includes a recommendation pursuant to subsection (2) that the applicant should not be declared to be a refugee, the Commissioner shall, as soon as may be, furnish the report to the Minister.

(5) Where a report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and includes among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (8), apply:

(a) the notice under paragraph (b) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 10working days from the sending of the notice, and that any such appeal will be determined without an oral hearing;

(b) notwithstanding paragraph (c) of subsection (4), where the applicant has not appealed against the recommendation within 10 working days after the sending of a notice under paragraph (b) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(6) The findings referred to in subsection (5) are—

(a) that the application showed either no basis or a minimal basis for the contention that the applicant is a refugee;

(b) that the applicant made statements or provided information in support of the application of such a false, contradictory, misleading or incomplete nature as to lead to the conclusion that the application is manifestly unfounded;

(c) that the applicant, without reasonable cause, failed to make an application as soon as reasonably practicable after arrival in the State;

(d) the applicant had lodged a prior application for asylum in another state party to the Geneva Convention (whether or not that application had been determined, granted or rejected); or

(e) the applicant is a national of, or has a right of residence in, a safe country of origin for the time being so designated by order under section 12(4).

(7) (a) The Minister may give a direction in writing to the Commissioner requiring him or her to investigate under section 11 such class of applications as may be specified in the direction in accordance with the procedures referred to in subsection (8) and the Commissioner shall comply with a direction given to him or her under this subsection.

(b) The Minister may by a direction revoke or alter a direction given by him or her under paragraph (a).

(8) Where an application referred to in subsection (7) has been investigated under section 11 and the relevant report under subsection (1) includes a recommendation that the applicant should not be declared to be a refugee and contains among the findings of the Commissioner any of the findings specified in subsection (6), then the following shall, subject to subsection (9), apply:

(a) the notice under paragraph (b) of subsection (4) shall, notwithstanding that subsection, state that the applicant may appeal to the Tribunal under section 16 against the recommendation within 4 working days from the sending of the notice, and that any such appeal will be determined without an oral hearing,

(b) notwithstanding paragraph (c) of subsection (4), where the applicant has not appealed against the recommendation within 4 working days after the sending of a notice under paragraph (b) of that subsection, the Commissioner shall, as soon as may be, furnish the report under subsection (1) to the Minister.

(9) (a) Where an application is to be investigated in accordance with the proceduresreferred to in subsection (8), the Commissioner shall notify the applicant accordingly in writing and shall send a copy of the notice to his or her solicitor (if known) and, if so requested by the High Commissioner, to him or her.

(b) Paragraphs (a) and (b) of subsection (8) shall not apply to such an application unless the applicant concerned and his or her solicitor (if known) have been notified in accordance with paragraph (a).

(10) Where a report under subsection (1) (other than a report to which subsection (2) applies) includes a recommendation that the applicant should not be declared to be a refugee, then, subject to subsection (11), the Commissioner shall furnish the applicant concerned and his or her solicitor (if known) and the High Commissioner, whenever so requested by him or her, with copies of any reports, documents or representations in writing submitted to the Commissioner under section 11 and an indication in writing of the nature and source of any other information relating to the application which has come to the notice of the Commissioner in the course of an investigation by him or her under that section.

(11) Where information has been supplied to the Commissioner, a Department of State or another branch or office of the public service by or on behalf of the government of another state in accordance with an undertaking (express or implied) that the information would be kept confidential, the information shall not, without the consent of the other state, be produced or further disclosed otherwise than in accordance with the undertaking.]

F38[(12) If a recommendation under subsection (1) cannot be made within 6 months of the date of the application for a declaration under section 8, the Commissioner shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommendation may be made.

(13) The provision under subsection (12) by the Commissioner of an estimated time within which a recommendation may be made shall not of itself oblige the Commissioner to make a recommendation within that time.]

14. Establishment day.

14.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

15. Refugee Appeal Board.

F39[15.—(1) On the establishment day there shall stand established a Tribunal to be known as the Refugee Appeals Tribunal (in this Act referred to as‘the Tribunal’) to consider and decide appeals under section 16 of this Act.

(2) The Tribunal shall be independent in the performance of its functions.

(3) The provisions of the Second Schedule shall have effect in relation to the Tribunal.]

16. Appeals to Appeal Board.

16.—F40[(1)The applicant may appeal in the prescribed manner against a recommendation of the Commissioner under section 13 (other than a recommendation pursuant to section 13(2)).]

F40[(2) The Tribunal may—

(a) affirm a recommendation of the Commissioner, or

(b) set aside a recommendation of the Commissioner and recommend that the applicant should be declared to be a refugee.]

F40[(2A) Where an applicant fails, without reasonable cause, to attend an oral hearing under subsection (10), then unless the applicant, not later than 3 working days from the date fixed for the oral hearing, furnishes the Tribunal with an explanation for not attending the hearing which the Tribunal considers reasonable in the circumstances his or her appeal shall be deemed to be withdrawn.]

F41[(2B) Where—

(a) it appears to the Tribunal that an applicant is failing in his or her duty to co-operate with the Commissioner or to furnish information relevant to his or her appeal, or

(b) the Minister notifies the Tribunal that he or she is of opinion that the applicant is in breach of subsection (4)(a), (4A) or (5) of section 9,

the Tribunal shall send to the applicant a notice in writing inviting the applicant to indicate in writing (within 15 working days of the sending of the notice) whether he or she wishes to continue with his or her appeal and, if an applicant does not furnish an indication within the time specified in the notice, his or her appeal shall be deemed to be withdrawn.]

F42[(3) An appeal under this section shall be brought by notice in writing within the period specified in section 13(4)(b) or 13(5)(a) or 13(8)(a), as appropriate, and the notice shall specify the grounds of appeal and, except in a case to which section 13(5) or 13(8) applies, shall indicate whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.]

(4)The F43[Tribunal] shall transmit a copy of the notice received by it under subsection (3) F44[to the Commissioner and notification of the making of the appeal to the High Commissioner].

(5)The Commissioner shall furnish the F43[Tribunal] with copies of any reports, documents or representations in writing submitted to the Commissioner under section 11 F45[…] and an indication in writing of the nature and source of any other information relating to the application which has come to the notice of the Commissioner in the course of an investigation by him or her.

(6)The F43[Tribunal] may, for the purposes of its functions under this Act, request the Commissioner to make such further inquiries and to furnish the F43[Tribunal] with such further information as the F43[Tribunal] considers necessary within such period as may be specified by the F43[Tribunal].

(7)The Commissioner shall furnish the F43[Tribunal] with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the F43[Tribunal] and a copy of such observations shall be furnished to the applicant concerned and his or her solicitor (if known).

(8)The F43[Tribunal] shall furnish the applicant concerned and his or her F44[solicitor (if known) and the High Commissioner whenever so requested by him or her] with copies of any reports, observations, or representations in writing or any other document, furnished to the F43[Tribunal] by the Commissioner copies of which have not been previously F44[furnished to the applicant or, as the case may be, the High Commissioner] pursuant to section 11 (6) and an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the F43[Tribunal] in the course of an appeal under this section.

F42[(9) (a) An applicant may withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal and the Tribunal shall, as soon as may be, notify the Minister and the Commissioner of the withdrawal.

(b) Where an appeal is deemed to be withdrawn pursuant to subsection (2A) or (2B), the Tribunal shall, as soon as may be, notify the applicant, his or her solicitor (if known), the Minister and the Commissioner of the withdrawal.]

(10)The F43[Tribunal] shall, where appropriate, following a notice under subsection (3), hold an oral hearing for the purpose of an appeal under this section.

(11)(a)For the purposes of an oral hearing (if any) under this section, the F43[Tribunal] may—

(i)direct in writing any person whose evidence is required by the F43[Tribunal] to attend before the F43[Tribunal] on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,

(ii)direct any such person to produce any specified document or thing in his or her possession or control, or

(iii)give any other directions for the purpose of an appeal that appear to the F43[Tribunal] reasonable and just.

(b)Subparagraphs (i) and (ii) of paragraph (a) shall not apply to a document or thing relating to information as respects which the Minister or the Minister for Foreign Affairs, as the case may be, directs (which he or she is hereby empowered to do) that the information be withheld in the interest of national security or public policy (“ordre public”).

(c)The F43[Tribunal] shall enable the applicant and the Commissioner or an authorised officer to be present at the hearing and present their case to the F43[Tribunal] in person or through a legal representative or other person.

F46[(d) The Tribunal shall, where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter.]

(12)Subject to subsection (13), a witness whose evidence has been or is to be given before the F43[Tribunal] shall be entitled to the same privileges and immunities as a witness in a court.

(13)Where information has been supplied to the Commissioner, a Department of State or another branch or office of the public service by or on behalf of the government of another state in accordance with an undertaking (express or implied) that the information would be kept confidential, the information shall not, without the consent of the other state, be produced or further disclosed otherwise than in accordance with the undertaking.

(14)An oral hearing under this section shall be held in private.

(15)Notwithstanding subsection (14), the High Commissioner may be present at an oral hearing under this section for the purpose of observing the proceedings.

(16)Before deciding an appeal under this section, the F43[Tribunal] shall consider the following:

(a)the relevant notice under subsection (3),

(b)F45[…] the report of the Commissioner under section 13,

(c)any observations made to the F43[Tribunal] by the Commissioner or the High Commissioner,

(d)the evidence adduced and any representations made at an oral hearing, if any, and

(e)any documents, representations in writing or other information furnished to the Commissioner pursuant to section 11.

F41[(16A) The Tribunal shall affirm a recommendation of the Commissioner unless it is satisfied, having considered the matters referred to in subsection (16), that the applicant is a refugee.]

F44[(17) (a) A decision of the Tribunal under subsection (2) and the reasons therefor shall be communicated by the Tribunal to the applicant concerned and his or her solicitor (if known).

(b) A decision of the Tribunal under subsection (2)F45[…]and the reasons therefor shall be communicated by the Tribunal to the Minister together with a copy of the report of the Commissioner under section 13.

(c) A decision of the Tribunal under subsection (2) shall be communicated to the High Commissioner.]

F41[(18) The Tribunal shall ensure that an appeal against a recommendation of the Commissioner to which section 13(5) or 13(8) applies shall be dealt with as soon as may be and, if necessary, before any other application for a declaration.]

17. Declaration that person is refugee.

17.—(1)Subject to the subsequent provisions of this section, where a report under section 13 is furnished to the Minister or where the F47[Tribunal] sets aside a recommendation of the Commissioner under section 16, the Minister—

(a)shall, in case the report or, as the case may be, the decision of the F47[Tribunal] includes a recommendation that the applicant concerned should be declared to be a refugee, give to the applicant a statement in writing (in this Act referred to as “a declaration”) declaring that the applicant is a refugee, and

(b)may, in any other case, refuse to give the applicant a declaration,

and he or she shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give the applicant a declaration.

F48[(1A) Where an application is withdrawn or (other than pursuant to section 22) deemed to be withdrawn, or an appeal under section 16 is withdrawn or deemed to be withdrawn, the Minister shall refuse to give the applicant a declaration.]

(2)(a)If the Minister considers that in the interest of national security or public policy (“ordre public”) it is necessary to do so, he or she may by order—

(i)provide that sections 3, 9 and 18 shall not apply to a person specified in the order, being a person to whom a declaration has been given, and

(ii)require the person to leave the State and the order shall specify the measures to be taken for the purpose of the removal of the person from the State including where necessary the temporary detention or restraint of the person.

(b)A person with respect to whom an order under paragraph (a) (ii) is made shall not be required to leave the State before the expiry of 30 days from the date of the making of the order.

(c)Where the Minister has made an order under the said paragraph (a) (ii) in respect of a person, he or she shall send a copy of the order to the person, the High Commissioner and the applicant’s solicitor (if known).

(3)For the purposes of this Act, a person who, before the commencement of this Act, was recognised by the Minister as a refugee within the meaning of the Geneva Convention shall be deemed to be a person in respect of whom a declaration has been given under this section.

(4)The Minister shall not give a declaration to a refugee who has been recognised as a refugee under the Geneva Convention by a state other than the State and who has been granted asylum in that state and whose reason for leaving or not returning to that state and for seeking a declaration in the State does not relate to a fear of persecution in that state.

F49[(5) Where the Minister has decided to refuse to give a declaration,F50[other than to an applicant to whom subsection (5A) applies,]he or she shall send to the applicant a notice in writing stating that—

(a) his or her application for a declaration has been refused,

(b) he or she may make an application for a subsidiary protection declaration under the European Union (Subsidiary Protection) Regulations 2013 within 15 working days from the sending of the notice by completing the form for such an application and addressing it to the Commissioner, and

(c) unless he or she makes an application for a subsidiary protection declaration referred to in paragraph (b), the Minister may make an order undersection 3of theImmigration Act, 1999, requiring the applicant to leave the State and if the notice contains the statement specified in subsection (4) of that section, it shall not be necessary for the Minister to give the notification specified in subsection (3) of that section.]

and a copy of the notice shall be sent to the High Commissioner and to the applicant's solicitor (if known).

F51[(5A) Where the Minister has decided to refuse to give a declaration to an applicant who has made an application under Regulation 3A (inserted by Regulation 5 of the European Union (Subsidiary Protection) (Amendment) Regulations 2015) of the Regulations of 2013, he or she shall send to the applicant a notice in writing stating that—

(a) his or her application for a declaration has been refused,

(b) from the date of the sending of the notice, Regulations 4 to 20 of the Regulations of 2013 shall apply to his or her application under Regulation 3A of the Regulations of 2013 and the application will be investigated by the Commissioner in accordance with the Regulations of 2013, and

(c) he or she may, within 15 working days from the sending of the notice, furnish to the Commissioner further information, in writing and in the form set out in Schedule 1B (inserted by Regulation 8 of the European Union (Subsidiary Protection) (Amendment) Regulations 2015) to the Regulations of 2013 or a form to the like effect, in respect of the application referred to in paragraph (b).

(5B) The Minister shall transmit a copy of a notice under subsection (5A) to the Commissioner.]

(6)The Minister may, at his or her discretion, grant permission in writing to a person who has withdrawn his or her application or to whom the Minister has refused to give a declaration to remain in the State for such period and subject to such conditions as the Minister may specify in writing.

F52[(7) A person to whom the Minister has refused to give a declaration may not make a subsequent application for a declaration under this Act without the consent of the Minister.]

F53[(7A) The consent of the Minister referred to in subsection (7)—

(a) may only be given following a preliminary examination as to whether new elements or findings relating to the examination of whether the person qualifies as a refugee have arisen or been presented by the person, and

(b) shall be given if, following the preliminary examination referred to in paragraph (a), new elements or findings arise or are presented by the applicant which significantly add to the likelihood of the applicant qualifying as a refugee.

(7B) An application for the consent referred to in subsection (7) shall be accompanied by—

(a) a written statement of the reasons why the person concerned considers that the Minister should consent to a subsequent application for a declaration being made,

(b) where the previous application or appeal was withdrawn or deemed to be withdrawn, a written explanation of the circumstances giving rise to the withdrawal or deemed withdrawal of the application or appeal,

(c) all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to protection in the State, and

(d) a written statement drawing to the Ministers attention any new elements or findings relating to the investigation of whether he or she is entitled to protection in the State which have arisen since his or her previous application for a declaration was the subject of a notice under subsection (5).

(7C) The Minister shall, as soon as practicable after receipt by him or her of an application under subsection (7B), give or cause to be given to the person concerned a statement in writing specifying, in a language that the person may reasonably be supposed to understand—

(a) the procedures that are to be followed for the purposes of subsections (7) to (7H),

(b) the entitlement of the person to communicate with the High Commissioner,

(c) the entitlement of the person to make submissions in writing to the Minister,

(d) the duty of the person to co-operate with the Minister and to furnish information relevant to his or her application, and

(e) such other information as the Minister considers necessary to inform the person of the effect of subsections (7) to (7H), and of any other relevant provision ofF49[this Act, the Regulations of 2006 or the Regulations of 2013].

(7D) Pursuant to an application under subsection (7B), and subject to subsection (7E), the Minister shall consent to a subsequent application for a declaration being made where he or she is satisfied that—

(a) since his or her previous application for a declaration was the subject of a notice under subsection (5), new elements or findings have arisen or have been presented by the person concerned which makes it significantly more likely that the person will be declared to be a refugee, and

(b) the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application for a declaration (including, as the case may be, any appeal under section 16).

(7E) Pursuant to an application under subsection (7B) by or on behalf of a person who the Minister has, under Regulation 4(5) of the Regulations of 2006, determined not to be a person eligible for subsidiary protection,F54[or to whom the Minister has refused under Regulation 20(3) of the Regulations of 2013 to give a subsidiary protection declaration,]the Minister shall consent to a subsequent application for a declaration being made where he or she is satisfied that—

(a) since his or her previous application for a declaration was the subject of a notice under subsection (5), new elements or findings have arisen or have been presented by the person concerned which makes it significantly more likely that the person will qualify for protection in the State, and

(b) the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application for a declaration (including, as the case may be, any appeal under section 16) or, as the case may be, for the purposes of his or her application for subsidiary protection under Regulation 4 of the Regulations of 2006F54[or for a subsidiary protection declaration underF55Regulation 3 or 3A of the Regulations of 2013].

(7F) Where the Minister consents to the making of a subsequent application for a declaration, he or she shall, as soon as practicable, notify the person concerned of that fact.

(7G) Where the Minister refuses to consent to the making of a subsequent application for a declaration, he or she shall, as soon as practicable, notify the person concerned of that fact and of the reasons for it and of how a review of that decision may be sought.

F49[(7H) In this section“protection in the State”has the same meaning as it has in the Regulations of 2013.]]

(8) F56[…]

(9)The Minister may by order amend or revoke an order under this section including an order under this subsection.

18. Member of family of refugee.

18.—(1)Subject to section 17(2), a refugee in relation to whom a declaration is in force may apply to the Minister for permission to be granted to a member of his or her family to enter and to reside in the State and the Minister shall cause such an application to be referred to the Commissioner and a notification thereof to be given to the High Commissioner.

(2)Where an application is referred to the Commissioner under subsection (1), it shall be the function of the Commissioner to investigate the application and to submit a report in writing to the Minister and such report shall set out the relationship between the refugee concerned and the person the subject of the application and the domestic circumstances of the person.

(3)(a)Subject to subsection (5), if, after consideration of a report of the Commissioner submitted to the Minister under subsection (2), the Minister is satisfied that the person thesubject of the application is a member of the family F57[or the civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of the refugee, the Minister shall grant permission in writing to the person to enter and reside in the State and the person shall be entitled to the rights and privileges specified in section 3 for such period as the refugee is entitled to remain in the State.

(b)In paragraph (a), “member of the family”, in relation to a refugee, means—

(i)in case the refugee is married, his or her spouse (provided that the marriage is subsisting on the date of the refugee's application pursuant to subsection (1)),

(ii)in case the refugee is, on the date of his or her application pursuant to subsection (1), under the age of 18 years and is not married, his or her parents, or

(iii)a child of the refugee who, on the date of the refugee's application pursuant to subsection (1), is under the age of 18 years and is not married.

(4)(a)The Minister may, at his or her discretion, grant permission to a dependent member of the family of a refugee to enter and reside in the State and such member shall be entitled to the rights and privileges specified in section 3 for such period as the refugee is entitled to remain in the State.

(b)In paragraph (a), “dependent member of the family”, in relation to a refugee, means any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such extent that it is not reasonable for him or her to maintain himself or herself fully.

(5)The Minister may refuse to grant permission to enter and reside in the State to a person referred to in subsection (3) or (4) or revoke any permission granted to such a person in the interest of national security or public policy (“ordre public”).

(6)The Minister may, on application in writing in that behalf and on payment to the Minister of such fee (if any) as may be prescribed with the consent of the Minister for Finance, issue to a person in respect of whom a permission granted under subsection (3) or (4) is in force a travel document identifying the holder thereof as such a person.

19. Protection of identity of applicants.

19.—(1)The Commissioner, the F58[Board, the Tribunal], the Minister, the Minister for Foreign Affairs and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.

F59[(2) Subject to sections 9(15) and 26, no matter likely to lead members of the public to identify a person as an applicant under this Act shall be published in a written publication available to the public or be broadcast without the consent of that person.]

(3)If any matter is published or broadcast in contravention of subsection (2), the following persons, namely—

(a)in the case of a publication in a newspaper or periodical, any proprietor, an editor and any publisher of the newspaper or periodical,

(b)in the case of any other publication, the person who publishes it, and

(c)in the case of matter broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both.

(4)Where a person is charged with an offence under subsection (3) it shall be a defence to prove that at the time of the alleged offence he or she was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in subsection (2).

F60[(4A) (a) The chairperson of the Tribunal may, at his or her discretion, decide not to publish (other than to the persons referred to in section 16(17)) a decision of the Tribunal which in his or her opinion is not of legal importance.

(b) Any decision published shall exclude any matters which would tend to identify a person as an applicant under the Act or otherwise breach the requirement that the identity of applicants be kept confidential.]

(5)In this section—

“a broadcast” means the transmission, relaying or distribution by wireless telegraphy of communications, sounds, signs, visual images or signals intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

“written publication” includes a film, a sound track and any other record in permanent form (including a record that is not in a legible form but which is capable of being reproduced in a legible form) but does not include an indictment or other document prepared for use in particular legal proceedings.

20. Prohibition of false information and alteration of identity documents.

20.—(1)In this section “identity documents” includes a passport, visa, national identity card, driving licence, birth certificate, marriage certificate or any other document establishing a person's nationality or identity purporting to be issued by or on behalf of a local or national authority of any country or by an organ or agency of the United Nations.

(2)If a person, for the purposes of or in relation to an application under section 8, gives or makes to the Commissioner, F61[the Tribunal, an authorised officer or an immigration officer] any statement or information which is to his or her knowledge false or misleading in any material particular, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding F61[12 months] or to both.

(3)If a person, for the purposes of or in relation to an application for a declaration, destroys or conceals the identity documents of an applicant or of a person who subsequently makes an application for a declaration with intent to deceive, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding F61[12 months] or to both.

(4)If a person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered any identity documents for reward and such documents are used or intended to be used in connection with an application for a declaration, that person shall be guilty of an offence and shall be liable—

(a)on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding F61[12 months] or to both, or

(b)on conviction on indictment to a fine not exceeding £60,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)If a person sells or supplies, or has in his or her possession for the purpose of sale or supply, forged identity documents and such documents are used or intended to be used in connection with an application for a declaration, that person shall be liable—

(a)on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding F61[12 months] or to 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 to both.

(6)A member of the Garda Síochána may arrest without warrant a person whom the member reasonably suspects of committing or of having committed an offence under this section.

21. Revocation of declaration.

21.—(1)Subject to subsection (2), if the Minister is satisfied that a person to whom a declaration has been given—

(a)has voluntarily re-availed himself or herself of the protection of the country of his or her nationality,

(b)having lost his or her nationality, has voluntarily re-acquired it,

(c)has acquired a new nationality (other than the nationality of the State) and enjoys the protection of the country of his or her new nationality,

(d)has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution,

(e)can no longer, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, continue to refuse to avail himself or herself of the protection of the country of his or her nationality,

(f)being a person who has no nationality is, because the circumstances in connection with which he or she has been recognised as a refugee have ceased to exist, able to return to the country of his or her former habitual residence,

(g)is a person whose presence in the State poses a threat to national security or public policy (“ordre public”), or

(h)is a person to whom a declaration has been given on the basis of information furnished to the Commissioner or, as the case may be, the F62[Tribunal] which was false or misleading in a material particular,

the Minister may, if he or she considers it appropriate to do so, revoke the declaration.

(2)The Minister shall not revoke a declaration on the grounds specified in paragraph (e) or (f) where the Minister is satisfied that the person concerned is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself or herself of the protection of his or her nationality or for refusing to return to the country of his or her former habitual residence, as the case may be.

(3)(a)Where the Minister proposes to revoke a declaration under subsection (1), he or she shall send a notice in writing to the person concerned of his or her proposal and of the reasons for it and shall at the same time send a copy thereof to the person’s solicitor (if known) and to the High Commissioner.

(b)A person who has been notified of a proposal under paragraph (a) may, within F62[15 working days] of the issue of the notification, make representations in writing to the Minister and the Minister shall—

(i)before deciding the matter, take into consideration any representations duly made to him or her under this paragraph in relation to the proposal, and

(ii)send a notice in writing to the person of his or her decision and of the reasons for it.

(4)(a)A notice under subsection (3) (a) shall include a statement that the person concerned may make representations in writing to the Minister within F62[15 working days] of the issue by the Minister of the notice.

(b)A notice under subsection (3) (b) (ii) shall include a statement that the person concerned may appeal to the High Court under subsection (5) against the decision of the Minister to revoke a declaration under subsection (1) within F62[15 working days] from the date of the notice.

(5)A person concerned may appeal to the High Court against a decision of the Minister under this section and that Court may, as it thinks proper, on the hearing of the appeal, confirm the decision of the Minister or direct the Minister to withdraw the revocation of the declaration.

(6)A person concerned shall not be required to leave the State before the expiry of F62[15 working days] from the date of notice of a proposal under subsection (3) and, if an appeal is brought against the decision of the Minister, before the final determination or, as the case may be, the withdrawal of the appeal.

(7)The Minister may, at his or her discretion, grant permission in writing to a person in respect of whom a declaration has been revoked under subsection (1) to remain in the State for such period and subject to such conditions as the Minister may specify in writing.

22. F63[Dublin Convention, agreements with safe third countries etc.

22.—(1) The Minister may make such orders as appear to him or her to be necessary or expedient for the purpose of giving effect to—

(a) the Dublin Convention,

(b) Council Regulation (EC) No. 343/2003^1,

(c) the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway done at Brussels on the 19th day of January 2001,

(d) any agreement of the kind referred to in subsection (5).

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) specify the circumstances and procedure by reference to which an application for asylum—

(i) shall be examined in the State,

(ii) shall be transferred to a convention countryfor examination or to a safe third country, or

(iii) shall be accepted for examination in the State pursuant to a request made by a convention country in which the application for asylum was lodged or pursuant to an agreement to which subsection (1)(d) refers,

and the powers referred to in this subsection shall be exercised by whichever of the persons mentioned in subsection (4)(a) is specified in the order,

(b) provide for an appeal against a determination to transfer an application for asylum to a convention country or a safe third country and for the procedure in relation to such an appeal,

(c) provide, where the order specifies that the making of an appeal shall not suspend the transfer of the application or of the applicant to the convention country or the safe third country, that such transfer is without prejudice to the appeal decision,

(d) require that an application for asylum shall not be investigated by the Commissioner until it has been decided whether a convention country is responsible for examining the application or whether the application should be transferred to a safe third country,

(e) require that an application for asylum which is being investigated by the Commissioner shall be transferred to a convention country for examination,

(f) provide that where an application has been transferred to a conventioncountry for examination or to a safe third country the person concerned shall go to that convention country or to that safe third country,

(g) provide for the transit through the State of a person whose application for asylum has been transferred from a convention country to another convention country for examination,

(h) provide for the investigation of an application for asylum by the Commissioner notwithstanding that a convention country has responsibility for examining the application,

(i) specify the measures to be taken for the purpose of the removal of a person whose application has been transferred to a convention country or a safe third country from the State to that convention country or safe third country including, where necessary, the temporary detention or restraint of the person, and

(j) provide for the temporary detention (for a period not exceeding 48 hours) of a person who, having arrived in the State directly from a convention country or a safe third country, makes an application for asylum until a decision on the matters at paragraph (a) has been made.