Refugee Act , 1996

(3) An order under this section may make provision for such consequential, incidental, ancillary and supplementary matters as the Minister considers necessary or expedient.

(4) (a) The persons referred to in subsection (2)(a) are the Minister, the Commissioner, and an immigration officer.

(b) The Tribunal shall consider and decide appeals under subsection (2)(b).

F64[(5)(a) The Minister may, by order made after consultation with the Minister for Foreign Affairs, designate a country as a safe third country where the Minister is satisfied that an applicant for asylum will be treated in that country in accordance with the principles specified in paragraph (b).

(b) The principles referred to in paragraph (a) are the following:

(i) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;

(ii) the principle of non-refoulement in accordance with the Geneva Convention is respected;

(iii) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; and

(iv) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.

(c) The Minister shall not make an order under paragraph (a) in respect of a country unless that country and the State are parties to an agreement which provides for—

(i) the prompt transfer to that country of an application for asylum made in the State by a person who has arrived from that country, and

(ii) the prompt transfer to the State of an application for asylum made in that country by a person who has arrived from the State.

(d) An application for asylum shall not be transferred to a safe third country pursuant to an agreement referred to in paragraph (c) unless the removal to that country of the person who made the application for asylum would be reasonable on the basis of a connection he or she has with that country.

(e) An order under paragraph (a) may make provision for such consequential, incidental, ancillary and supplementary matters as the Minister considers necessary or expedient.

(f) The Minister shall, from time to time, notify the European Commission of the countries that are designated as safe third countries under paragraph (a).]

(6) (a) The Minister for Foreign Affairs may by order designate the countries which are parties to the Dublin Convention or to the Agreement referred to in subsection (1)(c) or the countries to which the Council Regulation referred to in subsection (1)(b) applies.

(b) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph.

(7) The Minister may by order amend or revoke an order under this section (other than an order under subsection (6)) including an order under this subsection.

(8) Where an application has been transferred to a convention country for examination or to a safe third country, the application shall be deemed to be withdrawn.

(9) (a) The Minister shall, pursuant to Article 14 of the Dublin Convention or the corresponding provision of the agreement referred to in subsection (1)(c), communicate information to convention countries or to any relevant country pursuant to that agreement in relation to matters referred to in that Article.

(b) The Commissioner shall, pursuant to Article 15 of the Dublin Convention or the corresponding provision of the agreement referred to in subsection(1)(c), communicate information to convention countries or to any relevant country pursuant to that agreement in relation to matters referred to in that Article:

provided that information concerning the grounds on which a particular application for asylum is based or the grounds on which a decision concerning such an application is based shall not be communicated under this section without the prior consent of the person the subject of the application.

(10) The Minister and the Commissioner may communicate to a safe third country such information relating to an application for asylum or to the person making such application (including personal information) as may be necessary for giving effect to an agreement to which subsection (1)(d) refers:

provided that information concerning the grounds on which a particular application for asylum is based or the grounds on which a decision concerning such an application is based shall not be communicated under this section without the prior consent of the person the subject of the application.

(11) In this section,‘an application for asylum’means a request whereby a person seeks the protection of the State or a convention country or a safe third country by claiming refugee status under the Geneva Convention and includes an application for a declaration under this Act.]

23. Regulations.

23.—The Minister may make regulations for the purpose of enabling this Act to have full effect and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to—

(a)applications for a declaration and the procedure for and in relation to such applications, and

(b)appeals under this Act to the F65[Tribunal] and the procedure for and in relation to such appeals.

24. “Programme refugees”.

24.—(1)In this section “a programme refugee” means a person to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government and whose name is entered in a register established and maintained by the Minister for Foreign Affairs, whether or notsuch person is a refugee within the meaning of the definition of “refugee” in section 2.

(2)A programme refugee shall, during such period as he or she is entitled to remain in the State pursuant to leave given by the Government, be entitled to the rights and privileges specified in section 3.

(3)Subject to subsection (4), 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 programme refugee a travel document identifying the holder thereof as a programme refugee.

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

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

(6)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.

F66[(7) (a) The Minister may, after consultation with the Minister for Foreign Affairs, enter into agreements with the High Commissioner for the reception and resettlement in the State of refugees.]

25. Saving.

25.—Nothing in this Act shall be construed as preventing the extradition of a person in accordance with the provisions of the Extradition Acts, 1965 to 1994.

26. Annual report to Houses of Oireachtas.

26.—The Minister shall, not later than 2 months after the end of each year beginning with the year 1996, make a report to each House of the Oireachtas stating the number of cases (if any) in which sections 9(15), 17(2) and 18(5) were applied in the preceding year and the circumstances of any such case.

27. Laying of orders and regulations before Houses of Oireachtas.

27.—Every order (other than an order under subsection (2) or (8) of section 17) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

28. Transitional provision.

28.—Where, before F67[commencement of this section], a person had made an application to the Minister for asylum but a decision in relation thereto had not been made by the Minister then, the application shall be deemed to be an application under section 8 and shall be dealt with accordingly; any step taken by the Minister before such commencement in relation to the application (being a step required to be taken under this Act in relation to an application under this Act) shall be deemed to have been taken under this Act.

28A. F68[Transitional.

28A.—(1) Where an application has been made under section 8 before the commencement ofsection 7of the Immigration Act 2003—

(a) in case, before such commencement, the applicant has been interviewed under section 11, then, upon such commencement, this Act shall apply to the application as if the saidsection 7had not been commenced,

(b) in any other case, then, upon such commencement, this Act, as amended by the saidsection 7, shall apply to the application.

(2) The Commissioner shall give or cause to be given to each applicant to whose application subsection (1)(b) applies, before he or she is interviewed under section 11, a statement in writing giving a short explanation of the amendments made by the saidsection 7.]

29. Expenses of Minister.

29.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

30. Short title and commencement.

30.—(1)This Act may be cited as the Refugee Act, 1996.

(2)This Act shall come into operation on such day or days as, by

order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.