LegalizeReform history
Refugee Act , 1996
2 versions
· 1996-06-26
2015-04-20
IE-1996-act-17 — consolidated version 2015-04-20
Changes on 2015-04-20
@@ -1,10 +1,8 @@
# Refugee Act , 1996
##### 1 Interpretation.
**1.**—(1) In this Act, unless the context otherwise requires—
“the Appeal Board” means the Refugee Appeal Board established by section 15;
##### 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*;
@@ -34,1076 +32,1059 @@
“prescribed” means prescribed by regulations made by the Minister.
(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,
(*c*) 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,
(*d*) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or
(*e*) has been guilty of acts contrary to the purposes and principles of the United Nations.
##### 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.
##### 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.
(*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, as soon as practicable, be required by notice in writing to attend for interview with an immigration officer at such time and place as the Minister may specify in the notice and the notice shall state that the person is entitled to consult a solicitor and the High Commissioner.
(2) An interview under *subsection (1)* shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the immigration officer conducting the interview and a copy thereof shall be furnished to the person concerned, the High Commissioner and the Commissioner.
(3) Subject to the provisions of *sections 9* and *22*, the Minister shall cause an application for a declaration to be referred to the Commissioner and a notification thereof to be given to the High Commissioner.
(4) An application under *subsection (1)* shall be made in writing in the prescribed form or in a form to the like effect.
(5) (*a*) Where it appears to an immigration officer that a child under the age of 18 years who has arrived at the frontiers of the State is not in the custody of any person, the immigration officer shall, as soon as practicable, so inform the health board in whose functional area the place of arrival is situate and thereupon the provisions of the Child Care Act, 1991, shall apply in relation to the child.
(*b*) Where it appears to the health board concerned, 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)*, the health board shall arrange for the appointment of an officer of the health board 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 health board concerned.
(*d*) The functions of a health board under *paragraph (b)* shall be functions of the chief executive officer of the board or a person acting as deputy chief executive officer of the board in accordance with section 13 of the Health Act, 1970.
(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—
(*a*) the date on which his or her application is transferred to a convention country pursuant to *section 22*, or
(*b*) the date on which his or her application is withdrawn or deemed to be withdrawn pursuant to *subsection (14) (b)*, or
(*c*) the date on which notice is sent that the Minister has refused to give him or her a declaration.
(3) The Minister 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 concerned, specifying the date on which the person's application for a declaration was referred to 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 concerned to remain in the State, the person referred to in the certificate shall not be removed from the State before the final determination of his or her application.
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
1. The Board shall consist of a chairperson andF9[15]ordinary members who shall be appointed to be members of the Board by the Minister.
2. The Commissioner shall be a member of the Board and shall act as secretary to the Board.
3. Of the members of the 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.
4. The High Commissioner shall be given not less than 7 days’notice in writing of the date and time of each meeting of the Board and shall be entitled to be present at and heard at each meeting either in person or through a representative.
5. In the selection of persons for appointment to membership of the Board regard shall be had to—
(*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.
6. Subject to the provisions of this Schedule, the members of the Board shall hold office upon such terms and conditions as the Minister may determine.
7. The term of office of a member of the Board shall be 5 years and, subject to the provisions of this Schedule, a member shall be eligible for reappointment.
8. Where a casual vacancy occurs among the members of the Board, the Minister may appoint a person to be a member of the Board to fill the vacancy and a member so appointed shall hold office for the remainder of the term of office for which his or her predecessor had been appointed, and the person shall be so appointed in the manner specified in paragraph 3 or 5, as the case may be, in which such predecessor was so appointed.
9. Members of the Board shall be paid such remuneration and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.
10. The Minister may remove from office anymember of the Board who, in the opinion of the Minister, has become incapable through illness of effectively performing his or her functions or has committed stated misbehaviour.
11. The Board shall meet at least four times a year.]
##### 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 establish*inter 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*) seek or enter employment or carry on any business, trade or profession during the period before the final determination of his or her application for a declaration.
(5) An immigration officer may, by notice in writing, require an applicant—
(*a*) to reside or remain in particular districts or places in the State, or
(*b*) to report at specified intervals to an immigration officer or member of the Garda Síochána specified in the notice,
and the applicant concerned shall comply with the requirement.
(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 concerned to withdraw the requirement concerned or to amend it in a specified manner.
(7) A person who contravenes *subsection (4)* or *(5)* shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £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*,
(*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.
(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 10 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 the judge 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.
(*c*) Where an unmarried child under the age of 18 years is in the custody of any person (whether a parent or a person acting in *loco parentis* or 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 the health board for the area in which the person is being detained 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 10 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.
(15) A person referred to in *subsection (1)* shall not be given leave to enter the State under that subsection if—
(*a*) the person is the subject of an order under section 5 (1) of the Aliens Act, 1935, relating to particular aliens in force for the time being, prohibiting him or her from landing or entering into the State, and
(*b*) the order aforesaid is made, and is expressed to be made, because the Minister considers it necessary in the interest of national security or public policy (“*ordre public*”).
(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.
##### 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 pursuant to *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 the Appeal Board of the detention or release of a person pursuant to the provisions of *section 9*.
(4) The Commissioner or, as the case may be, the Appeal Board 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.**—(1) Subject to *section 12*, where an application is referred to the Commissioner under *section 8, 16, 22* or otherwise by the Minister and unless the application is withdrawn or deemed to be withdrawn pursuant to the provisions of *section 9* or *22*, as the case may be, 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.
(2) In a case to which *subsection (1)* or *section 12 (2)* 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 application concerned to the Commissioner and the report shall refer to the matters raised by the applicant and to such other matters as the officer or officers consider appropriate and an interview under this subsection shall, where necessary and possible, be conducted with the assistance of an interpreter.
(3) 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.
(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 request by him or her, such information as is in the person's possession or control relating to the application.
(6) Subject to *subsection (7)*, the Commissioner shall furnish the applicant concerned with copies of any reports, documents or representations in writing submitted to the Commissioner under this section 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 this section.
(7) 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.
(8) Where an application is referred to the Commissioner under *section 8, 16* or *22* or otherwise by the Minister, 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,
(*e*) the duty of the applicant to co-operate with the Commissioner and to furnish information relevant to his or her application, and
(*f*) the obligation of the applicant to notify the Commissioner of his or her address in the State.
##### 12 Manifestly unfounded applications.
**12.**—(1) Where, at any time following the receipt of an application referred to the Commissioner under *section 8* or *22*, the Commissioner is of opinion that the application is manifestly unfounded, he or she shall, as soon as may be, notify the applicant concerned in writing of his or her opinion (including the reasons for it) and of the applicant's entitlement to request an interview with an authorised officer by sending a notice in writing to the last known address of the applicant and shall at the same time send a copy thereof to the applicant's solicitor (if known).
(2) Where a notice has been sent under *subsection (1)*, the applicant concerned may, within 14 days of the sending of the notice, make representations in writing to the Commissioner and the Commissioner shall, before making a recommendation on the matter to the Minister, take into consideration any representations duly made to him or her under this subsection and shall, if so requested by the applicant, direct an authorised officer or officers to interview the applicant in accordance with *section 11 (2)*.
(3) Where, following consideration by the Commissioner of any representations made under *subsection (2)* or any report furnished under *section 11 (2)*, the Commissioner remains of the opinion that the application concerned is manifestly unfounded, he or she may make a recommendation that the applicant concerned should not be declared to be a refugee and shall send a copy of the recommendation and of the reasons for it to—
(*a*) the Minister,
(*b*) the applicant,
(*c*) the High Commissioner, and
(*d*) the Appeal Board.
(4) In this section “a manifestly unfounded application” means an application—
(*a*) which does not show on its face any grounds for the contention that the applicant is a refugee,
(*b*) in relation to which the applicant gave clearly insufficient details or evidence to substantiate his or her application,
(*c*) in relation to which the Commissioner is satisfied that the applicant's reason for leaving or not returning to his or her country of nationality does not relate to a fear of persecution,
(*d*) in relation to which the applicant did not reveal following the making of an application under *section 8* that he or she was travelling under a false identity or was in possession of false or forged identity documents and did not have reasonable cause for not so revealing,
(*e*) in relation to which the applicant, without reasonable cause, made deliberately false or misleading representations of a material or substantial nature in relation to his or her application,
(*f*) in relation to which the applicant, without reasonable cause and in bad faith, destroyed identity documents, withheld relevant information or otherwise deliberately obstructed the investigation of his or her application,
(*g*) in relation to which the applicant deliberately failed to reveal that he or she had lodged a prior application for asylum in another country,
(*h*) in relation to which the applicant submitted the application for the sole purpose of avoiding removal from the State,
(*i*) prior to which the applicant had made an application for a declaration or an application for recognition as a refugee in a state party to the Geneva Convention, and the Commissioner is satisfied that his or her application was properly considered and rejected and the applicant has failed to show a material change of circumstances,
(*j*) by an applicant who is a national of or has a right of residence in a state party to the Geneva Convention in respect of which the applicant has failed to adduce evidence of persecution,
(*k*) by an applicant who, after making the application has, without reasonable cause, left the State without leave or permission or has not replied to communications addressed to the person from the Commissioner, or
(*l*) prior to which the applicant has been recognised as a refugee under the Geneva Convention by a state other than the State, has been granted asylum in that state and his or her reason for leaving or not returning to that state does not relate to a fear of persecution in that state.
(5) The Commissioner shall, when sending a copy of the recommendation to the applicant under *subsection (3)*, at the same time send to the applicant a notice in writing stating that the applicant may appeal to the Appeal Board under *section 16* against the recommendation and may request an oral hearing within 14 days from the sending of the notice.
##### 13 Recommendations and reports of Commissioner.
**13.**—(1) Where the Commissioner carries out an investigation under *section 11*, he or she shall, subject to *section 12*, as soon as may be, prepare a report in writing of the results of the investigation and such a report 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, and shall furnish the report to the Minister.
(2) (*a*) The Commissioner shall, when furnishing a report under *subsection (1)* to the Minister, send a copy thereof to the applicant concerned, to his or her solicitor (if known), and to the High Commissioner.
(*b*) Where a report under *subsection (1)* includes a recommendation that the applicant should not be declared to be a refugee, the Commissioner shall furnish a copy thereof to the Appeal Board and shall at the same time send to the applicant a notice in writing stating that the applicant may appeal to the Appeal Board under *section 16* against the recommendation and may request an oral hearing within 21 days from the sending of the notice.
##### 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.
**15.**—(1) On the establishment day there shall stand established a Board, to be known as the Refugee Appeal Board (in this Act referred to as “the Appeal Board”) to consider and decide appeals under *section 16* of this Act.
(2) The Appeal Board shall be independent in the exercise of its functions under this Act.
(3) The provisions of the *Second Schedule* shall have effect in relation to the Appeal Board.
##### 16 Appeals to Appeal Board.
**16.**—(1) An applicant may appeal in the prescribed manner to the Appeal Board against a recommendation of the Commissioner under *section 12* or *13*.
(2) The Appeal Board may—
(*a*) affirm a recommendation of the Commissioner under *section 13*, or
(*b*) set aside a recommendation of the Commissioner under *section 13* and recommend that the applicant should be declared to be a refugee, or
(*c*) affirm a recommendation of the Commissioner under *section 12*, or
(*d*) set aside a recommendation of the Commissioner under *section 12* and remit the application for a declaration to the Commissioner to carry out an investigation under *section 11*.
(3) An appeal under this section shall be brought by notice in writing within the period specified in *section 12 (5)* or *13 (2) (b)*, as may be appropriate, and the notice shall specify the grounds of appeal and shall indicate whether the applicant wishes the Appeal Board to hold an oral hearing for the purpose of his or her appeal.
(4) The Appeal Board shall transmit a copy of the notice received by it under *subsection (3)* to the Minister, the Commissioner and the High Commissioner.
(5) The Commissioner shall furnish the Appeal Board with copies of any reports, documents or representations in writing submitted to the Commissioner under *section 11* or *12* 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 Appeal Board may, for the purposes of its functions under this Act, request the Commissioner to make such further inquiries and to furnish the Appeal Board with such further information as the Appeal Board considers necessary within such period as may be specified by the Appeal Board.
(7) The Commissioner shall furnish the Appeal Board with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Appeal Board and a copy of such observations shall be furnished to the applicant concerned and his or her solicitor (if known).
(8) The Appeal Board shall furnish the applicant concerned and his or her solicitor (if known) with copies of any reports, observations, or representations in writing or any other document, furnished to the Appeal Board by the Commissioner copies of which have not been previously furnished to the applicant 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 Appeal Board in the course of an appeal under this section.
(9) An applicant may withdraw an appeal to the Appeal Board by sending notice of withdrawal to the Appeal Board.
(10) The Appeal Board 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 Appeal Board may—
(i) direct in writing any person whose evidence is required by the Appeal Board to attend before the Appeal Board 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 Appeal Board 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 Appeal Board shall enable the applicant and the Commissioner or an authorised officer to be present at the hearing and present their case to the Appeal Board in person or through a legal representative or other person.
(*d*) The Appeal Board shall, where necessary, use its utmost endeavours to procure the attendance of an interpreter to assist at the hearing.
(12) Subject to *subsection (13)*, a witness whose evidence has been or is to be given before the Appeal Board 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 Appeal Board shall consider the following:
(*a*) the relevant notice under *subsection (3)*,
(*b*) the recommendation of the Commissioner under *section 12*, or, as may be appropriate, the report of the Commissioner under *section 13*,
(*c*) any observations made to the Appeal Board 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*.
(17) A decision of the Appeal Board under *subsection (2)* and the reasons therefor shall be communicated by the Appeal Board to the applicant concerned, his or her solicitor (if known), the Commissioner, the Minister and the High Commissioner.
##### 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 Appeal Board 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 Appeal Board 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,
(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 acting*in loco parentis*or 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 acting*in 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.
(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.
(5) Where the Minister has decided to refuse to give a declaration, he or she shall send to the applicant a notice in writing stating that—
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*) the period of entitlement of the applicant to remain in the State under *section 9* has expired, and
(*c*) the Minister may make an order requiring the applicant to leave the State,
(*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).
(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.
(7) A person to whom the Minister has refused to give a declaration may not make a further application for a declaration under this Act without the consent of the Minister.
(8) (*a*) Subject to *section 5* and *paragraphs (b), (c)* and *(d)*, the Minister shall make an order (in this Act referred to as “a deportation order”) requiring a person to whom the Minister has refused to give a declaration or a person who has withdrawn his or her application 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 a deportation order 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*) *Paragraph (a)* shall apply only to a person who, but for the provisions of *section 9*, would not be entitled to enter or remain in the State.
(*d*) The Minister shall not make an order under *paragraph (a)* in respect of a person who has been granted permission to remain in the State under *subsection (6)* while that permission is in force.
(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 the subject of the application is a member of the family 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 Appeal Board, 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.
(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 and the consent of the Minister (which shall not be unreasonably withheld).
(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,
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 underF55[Regulation 3 or 3A of the Regulations of 2013](including any appeal under Regulation 8 of those Regulations)].
(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)*.
(5) In this section—
(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, the Appeal Board or to an authorised 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 6 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 6 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 6 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 6 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 Appeal Board which was false or misleading in a material particular,
##### 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 21 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 21 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 21 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 21 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 Dublin Convention.
**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 the Dublin Convention.
(2) Without prejudice to the generality of *subsection (1)*, an order under this section may—
(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 country for examination, or
(iii) shall be accepted for examination in the State pursuant to a request made by the convention country in which the application for asylum was first lodged,
(*b*) provide for an appeal against a determination to transfer an application for asylum to a convention country and for the procedure in relation to such an appeal,
(*c*) require that an application for asylum shall not be investigated by the Commissioner until it has been decided by the person specified in an order under this section whether a convention country is responsible for examining the application,
(*d*) require that an application for asylum which has been referred to the Commissioner under *section 8* shall be transferred to a convention country for examination,
(*e*) provide that where an application has been transferred to a convention country for examination the person concerned shall go to that convention country,
(*f*) specify the conditions governing the entry into and temporary stay in the State of a person whose application for asylum has been accepted for examination 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 referral of an application for asylum to the Commissioner notwithstanding that a convention country has responsibility for examining the application, and
(*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 from the State to that convention country including, where necessary, the temporary detention or restraint of the person.
(*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.
(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 Minister shall appoint one of his or her officers to determine the matters referred to in *subsection (2) (a)*.
(*b*) The Minister shall appoint a person (who shall have had not less than 7 years' experience as a practising barrister or solicitor before his or her appointment) to consider and decide appeals under *subsection (2) (b)*.
(*c*) A person appointed under *paragraph (b)* shall hold office for such period and on such other terms and conditions as the Minister may determine when appointing him or her.
(5) This section shall not be construed as authorising the transfer of an application for asylum to a convention country unless that country has agreed to accept responsibility for the examination of the application.
(6) (*a*) The Minister for Foreign Affairs may by order designate the countries which are parties to the Dublin Convention.
(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 under *subsection (2)*, the application shall be deemed to be withdrawn.
(9) The Minister shall, pursuant to Articles 14 and 15 of the Dublin Convention, communicate information to convention countries in relation to the matters referred to in those articles:
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) In this section, “an application for asylum” means a request whereby a person seeks the protection of the State or a convention 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 Appeal Board 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 not such 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.
##### 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 the commencement of this Act, 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.
##### 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
(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.
## FIRST SCHEDULE Refugee Applications Commissioner
1. The Commissioner shall have had not less than 7 years' experience as a practising barrister or practising solicitor before his or her appointment.
2. The Commissioner shall be appointed from time to time as occasion requires by the Minister and, subject to the provisions of this Schedule, shall hold office upon such terms and conditions as the Minister may determine.
3. The term of office of the Commissioner shall be 3 years and, subject to the provisions of this Schedule, the Commissioner shall be eligible for re-appointment.
4. The Commissioner shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.
5. The Commissioner may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.
6. The Minister may appoint such and so many persons to be members of the staff of the Commissioner as he or she considers necessary to assist the Commissioner in the performance of his or her functions and such members of the staff of the Commissioner shall hold their offices or employment on such terms and conditions and receive such remuneration as the Minister may, with the consent of the Minister for Finance, determine.
7. Members of the staff of the Commissioner shall be civil servants within the meaning of the Civil Service Regulation Act, 1956.
8. The Commissioner may be removed from office by the Minister for stated reasons.
## SECOND SCHEDULE Refugee Appeal Board
1. The Appeal Board shall consist of the following members:
(1) a chairperson who shall have had not less than 10 years' experience as a practising barrister or practising solicitor,
(2) an officer of the Minister,
(3) an officer of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs, and
(4) two persons not being officers of the Minister or the Minister for Foreign Affairs.
2. The members of the Appeal Board shall be appointed from time to time as the occasion requires by the Minister and, subject tothe provisions of this Schedule, shall hold office upon such terms and conditions as the Minister may determine.
3. The term of office of a member of the Appeal Board shall be 3years and, subject to the provisions of this Schedule, a member of the Appeal Board shall be eligible for re-appointment as such member.
4. (1) A member of the Appeal Board may at any time resign his or her office as such member by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.
(2) A member of the Appeal Board may be removed from office by the Minister for stated reasons.
5. The chairperson and each member of the Appeal Board may be paid, out of moneys provided by the Oireachtas, such remuneration (if any) and such allowances for expenses as the Minister may, with the consent of the Minister for Finance, determine.
6. If a member of the Appeal Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint another person to be a member of the Appeal Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Appeal Board who occasioned the vacancy and shall hold office for the remainder of the term of office for which his or her predecessor was appointed.
7. The Minister may appoint such and so many persons to be members of the staff of the Appeal Board as he or she considers necessary to assist the Appeal Board in the performance of its functions and such members of the staff of the Appeal Board shall hold their offices or employment on such terms and conditions and receive such remuneration as the Minister may, with the consent of the Minister for Finance, determine.
8. Members of the staff of the Appeal Board shall be civil servants within the meaning of the Civil Service Regulation Act, 1956.
9. The Appeal Board shall hold such meetings as may be necessary for the performance of its functions under this Act.
10. The quorum for a meeting of the Appeal Board shall be 3.
11. Every question at a meeting of the Appeal Board shall be determined by a majority of the votes of the members voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote.
12. Subject to the provisions of this Schedule, the Appeal Board shall determine, by rules or otherwise, the procedure and business of the Board.
## THIRD SCHEDULE Geneva Convention
CONVENTION
1951 RELATING TO THE STATUS OF REFUGEES
PREAMBLE
The High Contracting Parties
*Considering* that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,
*Considering* that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,
*Considering* that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and the protection accorded by such instruments by means of a new agreement,
*Considering* that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,
*Expressing* the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,
*Noting* that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of Refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,
Have agreed as follows.
## FOURTH SCHEDULE Dublin Convention
**Convention**
determining the state responsible for examining applications for
asylum lodged in one of the Member States of the European
Communities
**Preamble**
His Majesty the King of the Belgians,
Her Majesty the Queen of Denmark,
The President of the Federal Republic of Germany,
The President of the Hellenic Republic,
His Majesty the King of Spain,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
His Royal Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the Netherlands,
The President of the Portuguese Republic,
Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland,
HAVING REGARD to the objective, fixed by the European Council meeting in Strasbourg on 8 and 9 December 1989, of the harmonization of their asylum policies;
DETERMINED, in keeping with their common humanitarian tradition, to guarantee adequate protection to refugees in accordance with the terms of the Geneva Convention of 28 July 1951, as amended by the New York Protocol of 31 January 1967 relating to the Status of Refugees, hereinafter referred to as the “Geneva Convention” and the “New York Protocol” respectively;
CONSIDERING the joint objective of an area without internal frontiers in which the free movement of persons shall, in particular, be ensured, in accordance with the provisions of the Treaty establishing the European Economic Community, as amended by the Single European Act;
AWARE of the need, in pursuit of this objective, to take measures to avoid any situations arising, with the result that applicants for asylum are left in doubt for too long as regards the likely outcome of their applications and concerned to provide all applicants for asylum with a guarantee that their applications will be examined by one of the Member States and to ensure that applicants for asylum are not referred successively from one Member State to another without any of these States acknowledging itself to be competent to examine the application for asylum;
DESIRING to continue the dialogue with the United Nations High Commissioner for Refugees in order to achieve the above objectives;
DETERMINED to co-operate closely in the application of this Convention through various means, including exchanges of information,
HAVE DECIDED TO CONCLUDE THIS CONVENTION AND TO THIS END HAVE DESIGNATED AS THEIR PLENIPOTENTIARIES:
(Designation of Plenipotentiaries)
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED AS FOLLOWS;
ARTICLE 1
1. For the purposes of this Convention:
(*a*) Alien means: any person other than a national of a Member State;
(*b*) Application for asylum means: a request whereby an alien seeks from a Member State protection under the Geneva Convention by claiming refugee status within the meaning of Article 1 of the Geneva Convention, as amended by the New York Protocol;
(*c*) Applicant for asylum means: an alien who has made an application for asylum in respect of which a final decision has not yet been taken;
(*d*) Examination of an application for asylum means: all the measures for examination, decisions or rulings given by the competent authorities on an application for asylum, except for procedures to determine the State responsible for examining the application for asylum pursuant to this Convention;
(*e*) Residence permit means: any authorization issued by the authorities of a Member State authorizing an alien to stay in its territory, with the exception of visas and “stay permits” issued during examination of an application for a residence permit or for asylum;
(*f*) Entry visa means: authorization or decision by a Member State to enable an alien to enter its territory, subject to the other entry conditions being fulfilled;
(*g*) Transit visa means: authorization or decision by a Member State to enable an alien to transit through its territory or pass through the transit zone of a port or airport, subject to the other transit conditions being fulfilled.
2. The nature of the visa shall be assessed in the light of the definitions set out in paragraph 1, points (*f*) and (*g*).
ARTICLE 2
The Member States reaffirm their obligations under the Geneva Convention, as amended by the New York Protocol, with no geographic restriction of the scope of these instruments, and their commitment to co-operating with the services of the United Nations High Commissioner for Refugees in applying these instruments.
ARTICLE 3
1. Member States undertake to examine the application of any alien who applies at the border or in their territory to any one of them for asylum.
2. That application shall be examined by a Single Member State, which shall be determined in accordance with the criteria defined in this Convention. The criteria set out in Articles 4 to 8 shall apply in the order in which they appear.
3. That application shall be examined by that State in accordance with its national laws and its international obligations.
4. Each Member State shall have the right to examine an application for asylum submitted to it by an alien, even if such examination is not its responsibility under the criteria defined in this Convention, provided that the applicant for asylum agrees thereto.
The Member State responsible under the above criteria is then relieved of its obligations, which are transferred to the Member State which expressed the wish to examine the application. The latter State shall inform the Member State responsible under the said criteria if the application has been referred to it.
5. Any Member State shall retain the right, pursuant to its national laws, to send an applicant for asylum to a third State, in compliance with the provisions of the Geneva Convention, as amended by the New York Protocol.
6. The process of determining the Member State responsible for examining the application for asylum under this Convention shall start as soon as an application for asylum is first lodged with a Member State.
7. An applicant for asylum who is present in another Member State and there lodges an application for asylum after withdrawing his or her application during the process of determining the State responsible shall be taken back, under the conditions laid down in Article 13, by the Member State with which that application for asylum was lodged, with a view to completing the process of determining the State responsible for examining the application for asylum.
This obligation shall cease to apply if the applicant for asylum has since left the territory of the Member States for a period of at least three months or has obtained from a Member State a residence permit valid for more than three months.
ARTICLE 4
Where the applicant for asylum has a member of his family who has been recognized as having refugee status within the meaning of the Geneva Convention, as amended by the New York Protocol, in a Member State and is legally resident there, that State shall be responsible for examining the application, provided that the persons concerned so desire.
The family member in question may not be other than the spouse of the applicant for asylum or his or her unmarried child who is a minor of under eighteen years, or his or her father or mother where the applicant for asylum is himself or herself an unmarried child who is a minor of under eighteen years.
ARTICLE 5
1. Where the applicant for asylum is in possession of a valid residence permit, the Member State which issued the permit shall be responsible for examining the application for asylum.
2. Where the applicant for asylum is in possession of a valid visa, the Member State which issued the visa shall be responsible for examining the application for asylum, except in the following situations:
(*a*) if the visa was issued on the written authorization of another Member State, that State shall be responsible for examining the application for asylum. Where a Member State first consults the central authority of another Member State, inter alia for security reasons, the agreement of the latter shall not constitute written authorization within the meaning of this provision,
(*b*) where the applicant for asylum is in possession of a transit visa and lodges his application in another Member State in which he is not subject to a visa requirement, that State shall be responsible for examining the application for asylum,
(*c*) where the applicant for asylum is in possession of a transit visa and lodges his application in the State which issued him or her with the visa and which has received written confirmation from the diplomatic or consular authorities of the Member State of destination that the alien for whom the visa requirement was waived fulfilled the conditions for entry into that State, the latter shall be responsible for examining the application for asylum.
3. Where the applicant for asylum is in possession of more than one valid residence permit or visa issued by different Member States, the responsibility for examining the application for asylum shall be assumed by the Member States in the following order:
(*a*) the State which issued the residence permit conferring the right to the longest period of residency or, where the periods of validity of all the permits are identical, the State which issued the residence permit having the latest expiry date;
(*b*) the State which issued the visa having the latest expiry date where the various visas are of the same type;
(*c*) where visas are of different kinds, the State which issued the visa having the longest period of validity, or where the periods of validity are identical, the State which issued the visa having the latest expiry date. This provision shall not apply where the applicant is in possession of one or more transit visas, issued on presentation of an entry visa for another Member State. In that case, that Member State shall be responsible.
4. Where the applicant for asylum is in possession only of one or more residence permits which have expired less than two years previously or one or more visas which have expired less than six months previously and enabled him or her actually to enter the territory of a Member State, the provisions of paragraphs 1, 2 and 3 of this Article shall apply for such time as the alien has not left the territory of the Member States.
Where the applicant for asylum is in possession of one or more residence permits which have expired more than two years previously or one or more visas which have expired more than six months previously and enabled him or her to enter the territory of a Member State and where an alien has not left Community territory, the Member State in which the application is lodged shall be responsible.
ARTICLE 6
When it can be proved that an applicant for asylum has irregularly crossed the border into a Member State by land, sea or air, having come from a non-member State of the European Communities, the Member State thus entered shall be responsible for examining the application for asylum.
That State shall cease to be responsible, however, if it is proved that the applicant has been living in the Member State where the application for asylum was made at least six months before making his application for asylum. In that case it is the latter Member State which is responsible for examining the application for asylum.
ARTICLE 7
1. The responsibility for examining an application for asylum shall be incumbent upon the Member State responsible for controlling the entry of the alien into the territory of the Member States, except where, after legally entering a Member State in which the need for him or her to have a visa is waived, the alien lodges his or her application for asylum in another Member State in which the need for him or her to have a visa for entry into the territory is also waived. In this case, the latter State shall be responsible for examining the application for asylum.
2. Pending the entry into force of an agreement between Member States on arrangements for crossing external borders, the Member State which authorizes transit without a visa through the transit zone of its airports shall not be regarded as responsible for control on entry, in respect of travellers who do not leave the transit zone.
3. Where the application for asylum is made in transit in an airport of a Member State, that State shall be responsible for examination.
ARTICLE 8
Where no Member State responsible for examining the application for asylum can be designated on the basis of the other criteria listed in this Convention, the first Member State with which the application for asylum is lodged shall be responsible for examining it.
ARTICLE 9
Any Member State, even when it is not responsible under the criteria laid out in this Convention may, for humanitarian reasons based in particular on family or cultural grounds, examine an application for asylum at the request of another Member State, provided that the applicant so desires.
If a Member State thus approached accedes to the request, responsibility for examining the application shall be transferred to it.
ARTICLE 10
1. The Member State responsible for examining an application for asylum according to the criteria set out in this Convention shall be obliged to:
(*a*) Take charge under the conditions laid down in Article 11 of an applicant who has lodged an application for asylum in a different Member State.
(*b*) Complete the examination of the application for asylum.
(*c*) Re-admit or take back under the conditions laid down in Article 13 an applicant whose application is under examination and who is irregularly in another Member State.
(*d*) Take back, under the conditions laid down in Article 13, an applicant who has withdrawn the application under examination and lodged an application in another Member State.
(*e*) Take back, under the conditions laid down in Article 13, an alien whose application it has rejected and who is illegally in another Member State.
2. If a Member State issues to the applicant a residence permit valid for more than three months, the obligations specified in paragraph 1, points (*a*) to (*e*) shall be transferred to that Member State.
3. The obligations specified in paragraph 1, points (*a*) to (*d*) shall cease to apply if the alien concerned has left the territory of the Member State for a period of at least three months.
4. The obligations specified in paragraph 1, points (*d*) and (*e*) shall cease to apply if the State responsible for examining the application for asylum, following the withdrawal or rejection of the application, takes and enforces the necessary measures for the alien to return to his country of origin or to another country which he may lawfully enter.
ARTICLE 11
1. If a Member State with which an application for asylum has been lodged considers that another Member State is responsible for examining the application, it may, as quickly as possible and in any case within the six months following the date on which the application was lodged, call upon the other Member State to take charge of the applicant.
If the request that charge be taken is not made within the six-month time limit, responsibility for examining the application for asylum shall rest with the State in which the application was lodged.
2. The request that charge be taken shall contain indications enabling the authorities of that other State to ascertain whether it is responsible on the basis of the criteria laid down in this Convention.
3. The State responsible in accordance with those criteria shall be determined on the basis of the situation obtaining when the applicant for asylum first lodged his application with a Member State.
4. The Member State shall pronounce judgment on the request within three months of receipt of the claim. Failure to act within that period shall be tantamount to accepting the claim.
5. Transfer of the applicant for asylum from the Member State where the application was lodged to the Member State responsible must take place not later than one month after acceptance of the request to take charge or one month after the conclusion of any proceedings initiated by the alien challenging the transfer decision if the proceedings are suspensory.
6. Measures taken under Article 18 may subsequently determine the details of the process by which applicants shall be taken in charge.
ARTICLE 12
Where an application for asylum is lodged with the competent authorities of a Member State by an applicant who is on the territory of another Member State, the determination of the Member State responsible for examining the application for asylum shall be made by the Member State on whose territory the applicant is. The latter Member State shall be informed without delay by the Member State which received the application and shall then, for the purpose of applying this Convention, be regarded as the Member State with which the application for asylum was lodged.
ARTICLE 13
1. An applicant for asylum shall be taken back in the cases provided for in Article 3 (7) and in Article 10 as follows:
(*a*) the request for the applicant to be taken back must provide indications enabling the State with which the request is lodged to ascertain that it is responsible in accordance with Article 3 (7) and with Article 10;
(*b*) the State called upon to take back the applicant shall give an answer to the request within eight days of the matter being referred to it. Should it acknowledge responsibility, it shall then take back the applicant for asylum as quickly as possible and at the latest one month after it agrees to do so.
2. Measures taken under Article 18 may at a later date set out the details of the procedure for taking the applicant back.
ARTICLE 14
1. Member States shall conduct mutual exchanges with regard to:
—national legislative or regulatory measures or practices applicable in the field of asylum;
—statistical data on monthly arrivals of applicants for asylum, and their breakdown by nationality. Such information shall be forwarded quarterly through the General Secretariat of the Council of the European Communities, which shall see that it is circulated to the Member States and the Commission of the European Communities and to the United Nations High Commissioner for Refugees.
2. The Member States may conduct mutual exchanges with regard to:
—general information on new trends in applications for asylum;
—general information on the situation in the countries of origin or of provenance of applicants for asylum.
3. If the Member State providing the information referred to in paragraph 2 wants it to be kept confidential, the other Member States shall comply with this wish.
ARTICLE 15
1. Each Member State shall communicate to any Member State that so requests such information on individual cases as is necessary for:
—determining the Member State which is responsible for examining the application for asylum;
—examining the application for asylum;
—implementing any obligation arising under this Convention.
2. This information may only cover:
—personal details of the applicant, and, where appropriate, the members of his family (full name — where appropriate, former name—, nicknames or pseudonyms, nationality — present and former—, date and place of birth);
—identity and travel papers (references, validity, date of issue, issuing authority, place of issue, etc.);
—other information necessary for establishing the identity of the applicant;
—places of residence and routes travelled;
—residence permits or visas issued by a Member State;
—the place where the application was lodged;
—the date any previous application for asylum was lodged, the date the present application was lodged, the stage reached in the proceedings and the decision taken, if any.
3. Furthermore, one Member State may request another Member State to let it know on what grounds the applicant for asylum bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. It is for the Member State from which the information is requested to decide whether or not to impart it. In any event, communication of the information requested shall be subject to the approval of the applicant for asylum.
4. This exchange of information shall be effected at the request of a Member State and may only take place between authorities the designation of which by each Member State has been communicated to the Committee provided for under Article 18.
5. The information exchanged may only be used for the purposes set out in paragraph 1. In each Member State such information may only be communicated to the authorities and courts and tribunals entrusted with:
—determining the Member State which is responsible for examining the application for asylum;
—examining the application for asylum;
—implementing any obligation arising under this Convention.
6. The Member State that forwards the information shall ensure that it is accurate and up-to-date.
If it appears that this Member State has supplied information which is inaccurate or which should not have been forwarded, the recipient Member State, shall be immediately informed thereof. They shall be obliged to correct such information or to have it erased.
7. An applicant for asylum shall have the right to receive, on request, the information exchanged concerning him or her, for such time as it remains available.
If he or she establishes that such information is inaccurate or should not have been forwarded, he or she shall have the right to have it corrected or erased. This right shall be exercised in accordance with the condition laid down in paragraph 6.
8. In each Member State concerned, the forwarding and receipt of exchanged information shall be recorded.
9. Such information shall be kept for a period not exceeding that necessary for the ends for which it was exchanged. The need to keep it shall be examined at the appropriate moment by the Member State concerned.
10. In any event, the information thus communicated shall enjoy at least the same protection as is given to similar information in the Member State which receives it.
11. If data are not processed automatically but are handled in some other form, every Member State shall take the appropriate measures to ensure compliance with this Article by means of effective controls. If a Member State has a monitoring body of the type mentioned in paragraph 12, it may assign the control task to it.
12. If one or more Member States wishes to computerize all or part of the information mentioned in paragraphs 2 and 3, such computerization is only possible if the countries concerned have adopted laws applicable to such processing which implement the principles of the Strasbourg Convention of 28 February 1981 for the Protection of Individuals, with regard to Automatic Processing of Personal Data and if they have entrusted an appropriate national body with the independent monitoring of the processing and use of data forwarded pursuant to this Convention.
ARTICLE 16
1. Any Member State may submit to the Committee referred to in Article 18 proposals for revision of this Convention in order to eliminate difficulties in the application thereof.
2. If it proves necessary to revise or amend this Convention pursuant to the achievement of the objectives set out in Article 8a of the Treaty establishing the European Economic Community, such achievement being linked in particular to the establishment of a harmonized asylum and a common visa policy, the Member State holding the Presidency of the Council of the European Communities shall organize a meeting of the Committee referred to in Article 18.
3. Any revision of this Convention or amendment hereto shall be adopted by the Committee referred to in Article 18. They shall enter into force in accordance with the provisions of Article 22.
ARTICLE 17
1. If a Member State experiences major difficulties as a result of a substantial change in the circumstances obtaining on conclusion of this Convention, the State in question may bring the matter before the Committee referred to in Article 18 so that the latter may put to the Member States measures to deal with the situation or adopt such revisions or amendments to this Convention as appear necessary, which shall enter into force as provided for in Article 16 (3).
2. If, after six months, the situation mentioned in paragraph 1 still obtains, the Committee, acting in accordance with Article 18 (2), may authorize the Member State affected by that change to suspend temporarily the application of the provisions of this Convention, without such suspension being allowed to impede the achievement of the objectives mentioned in Article 8a of the Treaty establishing the European Economic Treaty or contravene other international obligations of the Member States.
3. During the period of suspension, the Committee shall continue its discussions with a view to revising the provisions of this Convention, unless it has already reached an agreement.
ARTICLE 18
1. A Committee shall be set up comprising one representative of the Government of each Member State.
The Committee shall be chaired by the Member State holding the Presidency of the Council of the European Communities.
The Commission of the European Communities may participate in the discussions of the Committee and the working parties referred to in paragraph 4.
2. The Committee shall examine, at the request of one or more Member States, any question of a general nature concerning the application or interpretation of this Convention.
The Committee shall determine the measures referred to in Article 11 (6) and Article 13 (2) and shall give the authorization referred to in Article 17 (2).
The Committee shall adopt decisions revising or amending the Convention pursuant to Articles 16 and 17.
3. The Committee shall take its decisions unanimously, except where it is acting pursuant to Article 17 (2), in which case it shall take its decisions by a majority of two-thirds of the votes of its members.
4. The Committee shall determine its rules of procedure and may set up working parties.
The Secretariat of the Committee and of the working parties shall be provided by the General Secretariat of the Council of the European Communities.
ARTICLE 19
As regards the Kingdom of Denmark, the provisions of this Convention shall not apply to the Faroe Islands nor to Greenland unless a declaration to the contrary is made by the Kingdom of Denmark. Such a declaration may be made at any time by a communication to the Government of Ireland, which shall inform the Governments of the other Member States thereof.
As regards the French Republic, the provisions of this Convention shall apply only to the European territory of the French Republic.
As regards the Kingdom of the Netherlands, the provisions of this Convention shall apply only to the territory of the Kingdom of the Netherlands in Europe.
As regards the United Kingdom the provisions of this Convention shall apply only to the United Kingdom of Great Britain and Northern Ireland. They shall not apply to the European territories for whose external relations the United Kingdom is responsible unless a declaration to the contrary is made by the United Kingdom. Such a declaration may be made at any time by a communication to the Government of Ireland, which shall inform the Governments of the other Member States thereof.
ARTICLE 20
This Convention shall not be the subject of any reservations.
ARTICLE 21
1. This Convention shall be open for the accession of any State which becomes a member of the European Communities. The instruments of accession will be deposited with the Government of Ireland.
2. It shall enter into force in respect of any State which accedes thereto on the first day of the third month following the deposit of its instrument of accession.
ARTICLE 22
1. This Convention shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of Ireland.
2. The Government of Ireland shall notify the Governments of the other Member States of the deposit of the instruments of ratification, acceptance or approval.
3. This Convention shall enter into force on the first day of the third month following the deposit of the instrument of ratification, acceptance or approval by the last signatory State to take this step.
The State with which the instruments of ratification, acceptance or approval are deposited shall notify the Member States of the date of entry into force of this Convention.
1996-06-26
Refugee Act , 1996
original version
Text at this date