INTERNATIONAL PROTECTION ACT 2015

An Act to restate and modify certain aspects of the law relating to the entry into and presence in the State of persons in need of international protection, while having regard also to the power of the Executive in relation to these matters, to give further effect to Council Directive 2001/55/EC of 20 July 2001¹ on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, to give further effect to Council Directive 2004/83/EC of 29 April 2004² on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, to give further effect to Council Directive 2005/85/EC of 1 December 2005³ on minimum standards on procedures in Member States for granting and withdrawing refugee status, to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967, to amend the Immigration Act 1999, the Immigration Act 2003 and the Immigration Act 2004, to amend or repeal certain other enactments, and to provide for related matters.

[30 th December, 2015]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary

1. Short title and commencement

1. (1) This Act may be cited as the International Protection Act 2015.

• (2) This Act comes into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (3) An order under subsection (2) may, in respect of the repeal of the Act specified in section 6(1) effected by that section, appoint different days for the repeal of different provisions of that Act.

2. Interpretation

2. (1) In this Act—

“Act of 1996” means the Refugee Act 1996;

“Act of 1999” means the Immigration Act 1999;

“Act of 2004” means the Immigration Act 2004;

“applicant” means a person who—

• (a) has made an application for international protection in accordance with section 15, or on whose behalf such an application has been made or is deemed to have been made, and

• (b) has not ceased, under subsection (2), to be an applicant;

“biometric information” means information relating to the distinctive physical character-istics of a person including—

• (a) measurements or other assessments of those characteristics,

• (b) information about those characteristics held in an automated form,

but does not include references to the DNA profile of a person, and references to the provision by a person of biometric information means its provision in a way that enables the identity of the person to be investigated or ascertained;

“chairperson” means the chairperson of the Tribunal;

“chief international protection officer” means the person appointed under section 75 to be the chief international protection officer;

“country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence;

“civil partner” means a civil partner within the meaning of section 3 of the Civil Partner- ship and Certain Rights and Obligations of Cohabitants Act 2010;

“deportation order” shall be construed in accordance with section 51;

“deputy chairperson” means a deputy chairperson of the Tribunal;

“DNA profile” has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;

“document” includes—

• (a) any written matter,

• (b) any photograph,

• (c) any currency notes or counterfeit currency notes,

• (d) any information in non-legible form that is capable of being converted into legible form,

• (e) any audio or video recording, and

• (f) a travel document or an identity document;

“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013^4or any Regulation amending or replacing that Regulation;

“Dublin System Regulations” means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation;

“establishment day” shall be construed in accordance with section 61(2);

“European Asylum Support Office” means the European Asylum Support Office established by Regulation (EU) No. 439/2010 of the European Parliament and of the Council of 19 May 2010⁵;

“Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 1) and includes the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 2);

“High Commissioner” means the United Nations High Commissioner for Refugees;

“identity document” includes a passport, visa, transit visa, national identity card, entry permit, residence permit, driving licence, employment permit, birth certificate, marriage certificate or any other document establishing or contributing to establishing a person’s nationality or identity issued or purporting to be issued by or on behalf of a local or the national authority of a state, including the State, or by an organ or agency of the United Nations;

“immigration officer” has the meaning it has in section 3 of the Act of 2004;

“information” includes—

• (a) information in the form of a document (or any other thing) or in any other form, and

• (b) personal information, including biometric information;

F1["international protection" has the meaning it has in the Qualification Regulation;]

“international protection officer” means a person who is authorised under section 74 to perform the functions conferred on an international protection officer by or under this Act;

“legal assistance” means legal aid or legal advice, within the meaning of the Civil Legal Aid Act 1995;

“legal representative” means a practising solicitor or a practising barrister;

“Minister” means the Minister for Justice and Equality;

F1["persecution" shall be construed in accordance with the Qualification Regulation;]

F1["person eligible for subsidiary protection" has the meaning it has in the Qualification Regulation;]

“personal interview” means an interview held under section 35(1);

“preliminary interview” means an interview held under section 13(1);

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

F1["protection" (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with Article 7 of the Qualification Regulation;]

F2["Qualification Regulation" means Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024²³ on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council;]

F3[...]

F1["refugee" has the meaning it has in the Qualification Regulation;]

“refugee declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a refugee;

“registered medical practitioner” means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007;

“Registrar” means the Registrar of the Tribunal appointed under section 66;

“Regulations of 2006” means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);

“Regulations of 2013” means the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);

F4["return order" has the meaning assigned to it by section 51A;]

“safe country of origin” means a country that has been designated under section 72 as a safe country of origin;

F4["safe third country" means a country that has been designated under section 72A as a safe third country;]

F1["serious harm" has the meaning it has in Article 15 of the Qualification Regulation;]

“serious non-political crime” includes particularly cruel actions, even if committed with an allegedly political objective;

“statute” means—

• (a) an Act of the Oireachtas, or

• (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution;

“statutory instrument” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute;

“social welfare benefits” includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2015;

“subsidiary protection declaration” means a statement, made in writing by the Minister, declaring that the person to whom it relates is a person eligible for subsidiary protection;

“ Tribunal” means the International Protection Appeals Tribunal established by section 61.

• (2) A person shall cease to be an applicant on the date on which—

• (a) subject to subsection (3), the Minister refuses—

• (i) under subsection (2) or (3) of section 47 to give the person a refugee declaration, or

• (ii) under section 47(5) both to give a refugee declaration and to give a subsidiary protection declaration to the person,

• (b) subject to subsection (3), he or she is first given, under section 54(1), a permission to reside in the State, or

• (c) he or she is transferred from the State in accordance with the Dublin Regulation.

• (3) Where—

• (a) a recommendation referred to in section 39(3)(b) is made in respect of an applicant, and

• (b) the applicant appeals under section 41(1)(a) against the recommendation,

notwithstanding the giving, under section 47(4)(a), of a subsidiary protection declaration to the applicant on the basis of the recommendation, he or she shall, for the purposes of this Act, remain an applicant until, following the decision of the Tribunal in relation to the appeal, the Minister, under section 47, gives or, as the case may be, refuses to give him or her a refugee declaration.

2A. F5[Continued application and effect of Act in relation to certain applications and appeals

2A. Notwithstanding the repeal of section 15 effected by section 5 of the International Protection Act 2026, where an application is made in accordance with that section 15 before 12 June 2026, this Act shall, subject to the International Protection Act 2026 and the Qualification Regulation, continue to apply and have effect after the repeal in relation to—

• (a) the application, and

• (b) an appeal under Part 6 relating to such an application (including an appeal referred to in section 21(6)).]

2B. F6[Supplementary provisions in relation to continued application and effect of Act

2B. (1) For the purposes of the continued application and effect of this Act in accordance with section 2A—

• (a) an international protection officer shall perform his or her functions under this Act, in particular the making of a recommendation under section 39(3), in accordance with the Qualification Regulation, and

• (b) the Tribunal shall perform its functions under this Act, in particular the determination of an appeal under Part 6 (including an appeal referred to in section 21(6)), in accordance with the Qualification Regulation.

• (2) For the purposes of Article 12(5) and Article 17(5) of the Qualification Regulation, an international protection officer and the Tribunal shall take into account a minor’s capacity to be considered responsible under criminal law in accordance with section 52 of the Children Act 2001 as if the minor had committed the crime concerned in the State.]

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) Different regulations may be made under this section in respect of different classes of matter the subject of the prescribing concerned.

• (3) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (4) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling such regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accord-ingly, but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Service of documents

5. F7[(1)] A notice or other document that is required or authorised by or under this Act to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address most recently furnished by him or her to the Minister under section 16(3)(c) or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to the person at the address most recently furnished by him or her to the Minister under section 16(3)(c) or, in a case in which an address for service has been furnished, F8[at that address;]

• F7[(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister, to a registra-tion officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.]

• F7[(2) For the purposes of F9[subsection (1)(d), a notice or other document] is sent to a person by electronic means in accordance with this subsection—

• (a) if it is sent to an email address that the person has furnished to the Minister, to a registration officer or to the Tribunal for that purpose, or

• (b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.

• (3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—

• (a) paragraph (c) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

• (b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.

• (4) In this section—

"electronic interface" means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;

"registration officer" has the same meaning as it has in the Act of 2004.]

6. Repeals and revocations

6. (1) Subject to Part 11, the Act of 1996 is repealed.

• (2) Subject to Part 11, the following enactments are revoked:

• (a) Dublin Convention (Implementation) Order 2000 (S.I. No. 343 of 2000);

• (b) Refugee Act 1996 (Places and Conditions of Detention) Regulations 2000 (S.I. No. 344 of 2000);

• (c) Refugee Act 1996 (Application Form) Regulations 2000 (S.I. No. 345 of 2000);

• (d) Refugee Act 1996 (Temporary Residence Certificate) Regulations 2000 (S.I. No. 346 of 2000);

• (e) Refugee Act 1996 (Travel Document) Regulations 2000 (S.I. No. 347 of 2000);

• (f) Refugee Act 1996 (Appeals) Regulations 2002 (S.I. No. 571 of 2002);

• (g) Refugee Act 1996 (Safe Countries of Origin) Order 2003 (S.I. No. 422 of 2003);

• (h) Refugee Act 1996 (Section 22) Order 2003 (S.I. No. 423 of 2003);

• (i) Refugee Act 1996 (Appeals) Regulations 2003 (S.I. No. 424 of 2003);

( j) Refugee Act 1996 (Safe Countries of Origin) Order 2004 (S.I. No. 714 of 2004);

• (k) the Regulations of 2006;

• (l) European Communities (Asylum Procedures) Regulations 2011 (S.I. No. 51 of 2011);

• (m) Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011);

• (n) the Regulations of 2013;

• (o) Refugee Act 1996 (Travel Document and Fee) Regulations 2011 (S.I. No. 404 of 2011);

• (p) European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014);

• (q) European Union (Subsidiary Protection) (Amendment) Regulations 2015 (S.I. No. 137 of 2015).

PART 2 Qualification for International Protection

7. Acts of persecution

7. F10[...]

8. Reasons for persecution

8. F11[...]

9. Cessation of refugee status

9. F12[...]

10. Exclusion from being a refugee

10. F13[...]

11. Cessation of eligibility for subsidiary protection

11. F14[...]

12. Exclusion from eligibility for subsidiary protection

12. F15[...]

PART 3 Application for International Protection

13. Preliminary interview

13. (1) A person who is at the frontiers of the State, or who is in the State, and who indicates that he or she—

• (a) wishes to make an application for international protection,

• (b) is requesting not to be expelled or returned to a territory where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or

• (c) fears or faces persecution or serious harm if returned to his or her country of origin, shall be interviewed by an officer of the Minister or an immigration officer at such time as may be specified by the officer concerned and the person shall make himself or herself available for such interview at the time or times so specified.

• (2) A preliminary interview shall be conducted so as to establish, among other things—

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

• (b) the identity of the person,

• (c) the nationality of the person,

• (d) the country of origin of the person,

• (e) the route travelled by the person to the State, the means of transport used and details of any person who assisted the person in travelling to the State,

• (f) the reason why the person came to the State,

• (g) the legal basis for the entry into or presence in the State of the person, and

• (h) whether any of the circumstances referred to in section 21(2) may apply.

• (3) A preliminary interview shall, where necessary to ensure appropriate communication between the person and the person who conducts the interview, be conducted with the assistance of an interpreter.

• (4) A record of a preliminary interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the preliminary interview was conducted by an immigration officer who is not an officer of the Minister, to the Minister.

• (5) The Minister shall furnish a copy of the record of a preliminary interview to the High Commissioner whenever requested in writing by the High Commissioner to do so.

14. Unaccompanied child seeking international protection

14. (1) Where it appears to an officer referred to in section 13 that a person seeking to make an application for international protection, or who is the subject of a preliminary inter-view, has not attained the age of 18 years and is not accompanied by an adult who is taking responsibility for the care and protection of the person, the officer shall, as soon as practicable, notify the Child and Family Agency of that fact.

• (2) After the notification referred to in subsection (1), it shall be presumed that the person concerned is a child and the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply accordingly.

15. Application for international protection

15. F16[...]

16. Permission to enter and remain in the State

16. (1) An applicant shall be given, by or on behalf of the Minister, a permission that operates to allow the applicant to enter and remain or, as the case may be, to remain in the State for the sole purpose of the examination of his or her application, including any appeal to the Tribunal in relation to the application.

• (2) A permission given under subsection (1) shall be valid until the person to whom it is given ceases under section 2(2) to be an applicant.

• (3) Subject to subsection (6), an applicant shall—

• (a) not leave or attempt to leave the State without the consent of the Minister,

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

• (c) inform the Minister of his or her address and any change of address as soon as possible, and

• (d) comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer:

• (i) that he or she reside or remain in a specified district or place in the State;

• (ii) that he or she report at specified intervals to—

• (I) an immigration officer, or

• (II) a specified Garda Síochána station.

• (4) An immigration officer may, by notice in writing, withdraw a condition referred to in subsection (3)(d) or vary it in a specified manner, and a reference in this Act to a condition imposed on an applicant under subsection (3)(d) shall be construed as including a reference to such a condition as varied under this subsection.

• (5) An applicant who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 1 month or both.

• (6) Paragraphs (a), (b) and (d) of subsection (3) and section 20 shall not apply to an applicant—

• (a) to whom section 2(3) applies, or

• (b) who, were he or she not an applicant, would be entitled to remain in the State under any other enactment or rule of law.

17. Temporary residence certificate

17. (1) The Minister shall give or cause to be given to an applicant a temporary residence certificate (in this section referred to as a “certificate”).

• F18[(1A) A certificate shall be given to the applicant within 3 working days of the date on which he or she makes an application for international protection in accordance with section 15, or such an application is made or deemed to have been made, on his or her behalf.]

• (2) A certificate shall contain—

• (a) the name of the applicant,

• (b) a photograph of the applicant sufficient to identify him or her, and

• (c) such other information as may be prescribed.

• (3) A certificate remains the property of the Minister and the person to whom it is given shall surrender it when requested to do so by, or on behalf of, the Minister.

• (4) A certificate shall be deemed to be a registration certificate for the purposes of section 12 of the Act of 2004 and an applicant to whom a certificate has been given shall, for so long as the certificate remains valid, be deemed to have complied with section 9 of that Act.

• (5) A certificate ceases to be valid, and the applicant concerned shall return it to the Minister without delay, where the permission given to the applicant under section 16 ceases, under section 16(2), to be valid.

• (6) A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of, a certificate shall be guilty of an offence and liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months, or both.

18. Statement to be given to applicant

18. (1) The Minister shall, as soon as practicable after receipt by him or her of an application, give or cause to be given to the applicant a statement in writing specifying, in a language that the applicant may reasonably be supposed to understand—

• (a) the procedures to be followed in the examination under this Act of applications for international protection,

• (b) the entitlement of the applicant, for the purposes of his or her application, to consult a legal representative,

• (c) the entitlement of the applicant under this Act to be provided with the services of an interpreter,

• (d) the entitlement of the applicant to make, in writing to the Minister, submissions in relation to his or her application,

• (e) the duty of the applicant under section 27 to co-operate in relation to his or her application,

• (f) the obligation of the applicant to comply with the requirements specified in section 16(3), and

• (g) the possible consequences of the failure of the applicant to attend a personal inter-view, or to comply with the obligations referred to in paragraphs (e) and (f), including the possibility of section 38(5) applying to the applicant.

• (2) The Minister, in giving or causing to be given a statement under subsection (1), shall, in addition, inform the applicant of his or her entitlements and duties under subsections (6) and (9) of section 49.

19. Taking of fingerprints

19. (1) Subject to subsection (2), a member of the Garda Síochána, or an immigration officer may—

• (a) for the purpose of establishing the identity of a person for any purpose of this Act, take or cause to be taken the fingerprints of F19[an applicant,]

• (b) for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause to be taken the fingerprints of a person who—

• (i) is not a citizen of a Member State,

• (ii) has attained the age of 14 years, and

• (iii) not having permission, under any enactment or rule of law, to be present or remain in the State, has been F19[found in the State, or]

• F20[(c) for the purpose of establishing whether the circumstances referred to in section 21(2)(b) or (c) apply in relation to the person, take or cause to be taken the fingerprints of a person who is the subject of an application for international protection.]

• (2) Fingerprints shall not be taken under this section from a person who has not attained the age of 14 years, other than in the presence of—

• (a) his or her parent, or another person who is taking responsibility for him or her, or

• (b) where applicable, a person appointed by the Child and Family Agency under section 15(4) to make an application on behalf of him or her.

• (3) If and for so long as the immigration officer or, as the case may be, member of the Garda Síochána concerned has reasonable grounds for believing that the person has attained the age of 14 years, the provisions of subsection (2) shall apply as if he or she has attained the age of 14 years.

• (4) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) —

• (a) shall be deemed, for the purposes of section 20(1)(c), not to have made reasonable efforts to establish his or her identity, and

• (b) shall be deemed to have failed to comply with the requirements of section 27(1).

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

• (6) Every fingerprint of an applicant taken pursuant to subsection (1) and kept under subsection (5) shall (if not earlier destroyed) be destroyed—

• (a) not later than 3 months after the person from whom it was taken—

• (i) is first given, under section 54, a permission to reside in the State, and complies with section 9(2) of the Act of 2004,

• (ii) becomes an Irish citizen, or

• (iii) satisfies the Minister that he or she has acquired the citizenship or nationality of a Member State,

or

• (b) in any other case, not later than 10 years after the date on which it is taken.

• (7) In this section—

“Member State” includes a state that participates in the Dublin Regulation by virtue of an agreement between the state and the European Union.

20. Detention of applicant

20. F21[...]

21. Inadmissible application

21. (1) F22[Subject to subsection (1A), a person] may not make an application for international protection where the application is, under subsection (2), inadmissible.

• F23[(1A) Subsection (1) shall not apply to a person who is deemed under section 50A(4) or 51C(5), as the case may be, to have made an application for international protection in accordance with section 15.]

• (2) An application for international protection is inadmissible where one or more than one of the following circumstances applies in relation to the person who is the subject of the application:

• (a) another Member State has granted refugee status or subsidiary protection status to the person;

• (b) a country other than a Member State is, in accordance with subsection (15), a first country of asylum for F22[person;]

• F23[(c) the person arrived in the State from a safe third country that is, in accordance with subsection (17), a safe country for the person.]

• (3) Where an international protection officer is of the opinion that an application for international protection is inadmissible, he or she shall recommend to the Minister that the application be determined to be inadmissible.

• (4) Where an international protection officer makes a recommendation under subsection (3) —

• (a) he or she shall prepare a report in writing, which shall include the reasons for the recommendation, and

• (b) the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include—

• (i) a statement of the reasons for the recommendation,

• (ii) a copy of the report referred to in paragraph (a),

• (iii) a statement informing the person of his or her entitlement under subsection (6) to appeal to the Tribunal against the recommendation, and

• (iv) where applicable, a statement of the effect of subsection (13).

• (5) The Minister shall notify the High Commissioner of a recommendation under subsection (3).

• (6) A person to whom a notification under subsection (4) is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.

• (7) Sections 41, 44, 45 and 46(8) shall apply to an appeal under subsection (6) subject to the following modifications, and any other necessary modifications:

• (a) the Tribunal shall make its decision without an oral hearing;

• (b) a reference in section 44 to the documents given under section 40 to an applicant shall be construed as a reference to the notification given to the person concerned under subsection (4).

• (8) Before reaching a decision on an appeal under subsection (6), the Tribunal shall consider the following—

• (a) the notice of appeal,

• (b) all material furnished to the Tribunal by the Minister that is relevant to the decision as to whether the application for international protection concerned is admissible,

• (c) any observations made to the Tribunal by the Minister or the High Commissioner, and

• (d) such other matters as the Tribunal considers relevant to the appeal.

• (9) In relation to an appeal under subsection (6), the Tribunal may decide to—

• (a) affirm the recommendation of the international protection officer, or

• (b) set aside the recommendation of the international protection officer.

• (10) The decision of the Tribunal on an appeal under subsection (6) and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.

• (11) Where a recommendation is made under subsection (3), and—

• (a) the person concerned does not appeal under subsection (6) against the recommend-ation, or

• (b) the Tribunal, under subsection (9), affirms the recommendation,

the Minister shall determine the application to be inadmissible.

• (12) Where the Minister determines an application to be inadmissible, he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the determination and of the reasons for it, which notification shall, where applicable, include a statement of the effect of subsection (13).

• (13) Where an application for international protection that is purported to have been made under section 15 is determined under subsection (11) to be inadmissible—

• (a) any examination of the application shall be terminated, and

• (b) the report referred to in section 39 shall not be prepared.

• (14) A notification under subsections (4)(b) and (12) shall be in a language that the person concerned may reasonably be supposed to understand, where—

• (a) the person is not assisted or represented by a legal representative, and

• (b) legal assistance is not available to the person.

• (15) For the purposes of this section, a country is a first country of asylum for a person if he or she—

• (a) (i) has been recognised in that country as a refugee and can still avail himself or herself of that protection, or

• (ii) otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement,

and

• (b) will be re-admitted to that country.

• F24[(16) In subsection (2)(a), "refugee status" and "subsidiary protection status" shall be construed in accordance with Article 3 of the Qualification Regulation.]

• F23[(17) For the purposes of this section, a safe third country is a safe country for a person if he or she—

• (a) having regard to the matters referred to in subsection (18), has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,

• (b) will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or F25[punishment or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of inter-national or internal armed conflict,]

• (c) will be re-admitted to the country F25[concerned, and]

• F26[(d) has the possibility in the country concerned to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Conven-tion.]

• (18) For the purposes of subsection (17)(a), the matters to which regard shall be had include (but are not limited to) the following:

• (a) the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;

• (b) any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;

• (c) the presence in the country concerned of any family members, relatives or other family relations of the person concerned;

• (d) the nature and extent of any cultural connections between the person concerned and the country concerned.]

• F26[(19) In subsection (17)(d), "refugee status" means the recognition by the country concerned of a third country national or stateless person as a refugee.]

22. Subsequent application

22. F27[...]

23. Report in relation to the health of applicant

23. (1) Where, in the performance by the Minister or an international protection officer of his or her functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Minister or international protection officer, as the case may be, may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.

• (2) Where, in the performance by the Tribunal of its functions under this Act in relation to an applicant, a question arises regarding the physical or psychological health of the applicant, the Tribunal may require the applicant to be examined, and a report in relation to the health of the applicant furnished, by a nominated registered medical practitioner chosen by the applicant.

• (3) The Minister shall establish a panel of registered medical practitioners who, in the opinion of the Minister, possess the qualifications and experience necessary for the performance of the functions of a nominated registered medical practitioner under this section.

• (4) In this section, “nominated registered medical practitioner” means a registered medical practitioner who is a member of the panel established under subsection (3).

24. Examination to determine age of unaccompanied person

24. (1) The Minister, or an international protection officer, where he or she, with reasonable cause, considers it necessary to do so for the purposes of determining whether an applicant referred to in section 15(4) has not attained the age of 18 years, may, subject to this section, arrange for the use of an examination to determine the age of the applicant.

• (2) An examination under subsection (1) shall be—

• (a) performed with full respect for the applicant’s dignity,

• (b) consistent with the need to achieve a reliable result, the least invasive examination possible, and

• (c) where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.

• (3) An examination under subsection (1) shall not be carried out without the consent of—

• (a) the applicant concerned, or

• (b) one of the following:

• (i) an adult who is taking responsibility for the care and protection of the applicant; or

• (ii) an employee or other person appointed by the Child and Family Agency under section 15(4).

• (4) The Minister or international protection officer, as the case may be, shall ensure that an applicant referred to in section 15(4) is informed, prior to the international protection officer’s examination of the application, in a language which the applicant may reasonably be supposed to understand, of—

• (a) the possibility that the age of the applicant may be determined by examination under subsection (1),

• (b) the method or methods to be used in the examination under subsection (1),

• (c) the possible consequences of the result of the examination under subsection (1) for the examination by the international protection officer of the application, and

• (d) the consequences of refusal on the part of the applicant to undergo the examination.

• (5) The consequences referred to in subsection (4)(d) are that the Minister or international protection officer may proceed to determine, for the purposes of this Act and in the absence of an examination under subsection (1), whether the applicant has not attained the age of 18 years.

• (6) The best interests of the child shall be a primary consideration in the application of this section.

• (7) For the purposes of subsection (1), the Minister or international protection officer shall be considered to have reasonable cause where he or she considers that, on the basis of general statements or other relevant indications, there are reasons to have doubts in relation to the age of the applicant concerned.

25. Examination to determine age for purposes of subsection (7) of section 20

25. (1) For the purposes of paragraph (b) of subsection (7) of section 20, the Minister may arrange for the carrying out of an examination (in this section referred to as an “exam-ination”) in order to determine the age of a person.

• (2) A member of the Garda Síochána or an immigration officer who has formed a belief to which paragraph (b) of subsection (7) of section 20 applies may request the Minister to make an arrangement under subsection (1) and the Minister shall, upon receipt of such request make such an arrangement.

• (3) The Minister shall ensure that a person in respect of whom it is proposed to make an arrangement under subsection (1) is informed, prior to the examination concerned, in a language that the applicant may reasonably be supposed to understand, of—

• (a) the possibility that the age of the applicant may be determined by an examination,

• (b) the method or methods to be used in the examination, and

• (c) the consequences of refusal on the part of the applicant to undergo the examination.

• (4) An examination under subsection (1) shall not be carried out without the consent of—

• (a) the applicant concerned, or

• (b) one of the following:

• (i) an adult who is taking responsibility for the care and protection of the person; or

• (ii) an employee or other person appointed by the Child and Family Agency under subsection (4) of section 15.

• (5) An examination under subsection (1) shall be—

• (a) performed with full respect for the person’s dignity,

• (b) consistent with the need to achieve a reliable result, the least invasive examination possible, and

• (c) where the examination is a medical examination, carried out by a registered medical practitioner or such other suitably qualified medical professional as may be prescribed.

• (6) The best interests of the child shall be a primary consideration in the application of this section.

26. Protection of identity of applicant

26. (1) The Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential.

• (2) A person shall not, without the consent of the applicant, publish in a written publication available to the public or broadcast, or cause to be so published or broadcast, information likely to lead members of the public to identify a person as an applicant.

• (3) If any matter is published or broadcast in contravention of subsection (2), the following persons shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment of 12 months or both:

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

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

• (c) in the case of matter that is a programme that is broadcast, any person who transmits or provides that 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;

• (d) in the case of matter that is broadcast but is not a programme, the person responsible for broadcasting the matter and any person having functions in relation to the website or other medium of communications corresponding to those of the editor of a news-paper.

• (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 referred to in subsection (2).

• (5) In this section—

“applicant” means a person who is or has been an applicant—

• (a) under this Act, or

• (b) within the meaning of the Act of 1996,Regulation 4 of the Regulations of 2006 or the Regulations of 2013;

“broadcast” means the transmission, relaying or distribution by wireless telegraphy or cable 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, and includes the publication of such communications, sounds, signs, visual images or signals through the medium of the internet;

“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.

PART 4 Assessment of Applications for International Protection

27. Duty of applicant to cooperate

27. (1) It shall be the duty of an applicant—

• (a) to submit as soon as reasonably practicable all the information needed to substantiate his or her application,

• F28[(aa) to remain present and available in the State throughout the examination of the application,]

• (b) to co-operate in the examination of his or her application and in the determination of his or her appeal in relation to that application, if any, and

• (c) to comply with all of the other obligations under Parts 3 to 6 of an applicant in relation to his or her application.

• (2) The information referred to in subsection (1) consists of statements by the applicant, and all documentation at his or her disposal, regarding the elements, referred to in section 28(3), of his or her application.

28. Assessment of facts and circumstances

28. (1) An international protection officer shall, in co-operation with the applicant, assess the relevant elements of the application.

• (2) The Tribunal shall, for the purposes of an appeal under section 41 in co-operation with the applicant, assess the relevant elements of the application.

• F29[(3) The elements referred to in subsections (1) and (2) consist of the applicant’s state-ments and all the documents submitted by the applicant regarding the matters referred to in point (b) of Article 4(2) of the Qualification Regulation.]

• (4) The assessment, by the international protection officer of an application, and by the Tribunal of an appeal under section 41, shall be carried out on an individual basis and shall include taking into account the following:

• (a) all relevant facts as they relate to the country of origin at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied;

• (b) the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;

• (c) the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

• (d) whether the applicant’s activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities will expose the applicant to persecution or serious harm if returned to that country;

• (e) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship;

• (f) the general credibility of the applicant.

• (5)
• (a) In the assessment of an application, an international protection officer shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age.

• (b) In the conduct of an appeal under section 41, the Tribunal shall, in the case of an applicant who was a child at the time of a relevant occurrence or at any time during which a relevant circumstance existed, take account of the applicant’s age at that time and the level of understanding that could reasonably be expected of a child of that age.

• (c) In this subsection—

“relevant circumstance” means, in relation to an application, a circumstance that falls to be considered in the assessment of the application;

“relevant occurrence” means, in relation to an application, an occurrence that falls to be considered in the assessment of the application.

• (6) The fact that an applicant has already been subject to persecution or serious harm, or to direct threats of such persecution or such serious harm, is a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.

• (7) Where aspects of the applicant’s statements are not supported by documentary or other evidence, those aspects shall not need confirmation where the international protection officer or, as the case may be, the Tribunal, is satisfied that—

• (a) the applicant has made a genuine effort to substantiate his or her application,

• (b) all relevant elements at the applicant’s disposal have been submitted and a satisfactory explanation regarding any lack of other relevant elements has been given,

• (c) the applicant’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant’s case,

• (d) F30[...]

• (e) the general credibility of the applicant has been established F31[taking into account the time at which the applicant applied for international protection].

29. International protection needs arising sur place

29. F32[...]

30. Actors of persecution or serious harm

30. F33[...]

31. Actors of protection

31. F34[...]

32. Internal protection

F35[32. An international protection officer may recommend or, as the case may be, the Tribunal may decide, in accordance with Article 8 of the Qualification Regulation, that an applicant is not in need of international protection for a reason referred to in that Article.]

33. Applicant from safe country of origin

33. A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where—

• (a) the country is the country of origin of the applicant, and

• (b) the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection.

PART 5 Examination of Applications at First Instance

34. Examination of application

34. An international protection officer shall examine each application for international protection for the purpose of deciding whether to recommend, under section 39(2)(b), that—

• (a) the applicant should be given a refugee declaration,

• (b) the applicant should not be given a refugee declaration and should be given a subsi-diary protection declaration, or

• (c) the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.

35. Personal interview

35. (1) As part of the examination referred to in section 34, the international protection officer shall cause the applicant to be interviewed, at such time and place that the international protection officer may fix, in relation to the matters referred to in that section.

• (2) An applicant interviewed under subsection (1) shall, whenever necessary for the purpose of ensuring appropriate communication during a personal interview, be provided by the Minister or international protection officer with the services of an interpreter.

• (3) The Minister, for the purpose of ensuring that personal interviews are conducted under conditions that allow the applicant to present the grounds for his or her application in a comprehensive manner shall—

• (a) ensure that the persons who conduct the personal interviews are sufficiently competent to take account of the personal or general circumstances surrounding the application, including the applicant’s cultural origin or vulnerability, insofar as it is possible to do so, and

• (b) in the case of interviews to which subsection (2) applies, select interpreters who are able to ensure appropriate communication between the applicant and the person who conducts the interview.

• (4) The requirement in subsection (3)(b) shall be regarded as complied with if interpretation is provided in a language that the applicant may reasonably be supposed to understand and in which he or she is able to communicate.

• (5) A personal interview shall—

• (a) take place without the presence of family members of the applicant unless the international protection officer considers it necessary for an appropriate examination to have other family members present, and

• (b) take place under conditions that ensure appropriate confidentiality.

• (6) The following may be present at a personal interview:

• (a) the High Commissioner, whenever he or she so requests;

• (b) the applicant’s legal representative or a person nominated by that legal representative, with the consent of the applicant.

• (7)
• (a) Where an applicant has not attained the age of 18 years and is accompanied by an adult other than his or her parent, the interviewer, where he or she considers it appropriate to do so, shall require the adult to satisfy him or her that the adult is taking responsibility for the care and protection of the applicant concerned.

• (b) For the purposes of paragraph (a), the interviewer may make such inquiries of or about the applicant and the adult concerned as the interviewer considers necessary in order to satisfy himself or herself that the adult is taking the responsibility referred to in paragraph (a) and is authorised to do so.

• (c) Where the interviewer (whether or not having made appropriate enquiries under paragraph (b)) is not satisfied either that the adult is taking responsibility for the applicant or that the adult is authorised to do so, he or she shall so inform the Child and Family Agency, and

• (i) it shall be presumed that the applicant is a child in need of care and protection, and

• (ii) the Child Care Acts 1991 to 2013, the Child and Family Agency Act 2013 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply.

• (8) A personal interview may be dispensed with where the international protection officer is of the opinion that—

• (a) based on the available evidence, the applicant is a person in respect of whom a refugee declaration should be given,

• (b) where the applicant has not attained the age of 18 years, he or she is of such an age and degree of maturity that an interview would not usefully advance the examination, or

• (c) the applicant is unfit or unable to be interviewed owing to circumstances that are enduring and beyond his or her control.

• (9) Subsection (8) shall not of itself operate to—

• (a) prevent information relating to the application from being submitted to the interna-tional protection officer by or on behalf of the applicant,

• (b) prevent the international protection officer from making a recommendation under section 39 in respect of the application, or

• (c) adversely affect the recommendation referred to in paragraph (b).

• (10) The applicant, the High Commissioner or any other person concerned may make representations in writing to the Minister in relation to any matter relevant to an examination of an application for international protection and the international protection officer shall take account of any such representations made before or during a personal interview.

• (11) Subsection (10) shall not be construed as preventing the international protection officer from taking into account any representations made following a personal interview provided that such representations are made prior to the preparation of the report under section 39(1) in relation to the application.

• (12) Following the conclusion of a personal interview, the interviewer shall prepare a report in writing of the interview.

• (13) The report prepared under subsection (12) shall comprise two parts—

• (a) one of which shall include anything that is, in the opinion of the international protection officer, relevant to the application, and

• (b) the other of which shall include anything that would, in the opinion of the international protection officer, be relevant to the Minister’s decision under section 48 or 49, in the event that the section concerned were to apply to the applicant.

36. Applicants to whom section 15(4) applies

36. Where section 15(4) applies to an applicant, the Minister shall, taking the best interests of the child as a primary consideration, ensure that—

• (a) the person appointed by the Child and Family Agency under that provision—

• (i) is given the opportunity to inform the applicant about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself or herself for the personal interview, and

• (ii) is allowed to be present at the personal interview and to ask questions or make comments, within the framework set by the person who conducts the interview,

• (b) the personal interview is conducted—

• (i) by a person who has the necessary knowledge of, and competence to take into account, the special needs of persons who have not attained the age of 18 years, and

• (ii) where appropriate, having regard to the age and degree of maturity of the applicant and the role of the person referred to in paragraph (a), in a manner that enables the applicant to ask questions and make comments, within the framework set by the person who conducts the interview,

and

• (c) the report of the personal interview together with the report under section 39 in respect of the applicant’s application is prepared by a person with the necessary knowledge of the special needs of persons who have not attained the age of 18 years.

37. Withdrawal of application at first instance

37. (1) An applicant may, at any time before the preparation of the report under section 39 in relation to the application, withdraw his or her application by sending notice of withdrawal to the Minister.

• (2) Where an application is withdrawn pursuant to subsection (1) —

• (a) any examination of the application shall be terminated,

• (b) sections 39 and 40 and Part 6 shall not apply in respect of the application,

• (c) the Minister shall, under section 47(5), refuse both to give the person who made the application a refugee declaration and to give a subsidiary protection declaration, and

• (d) the Minister, as soon as practicable, shall—

• (i) send the person and his or her legal representative (if known) a notice confirming that the application is withdrawn, and

• (ii) inform the High Commissioner of the fact that the application is withdrawn.

38. Failure by applicant to cooperate

38. (1) Where an applicant does not attend for a personal interview on the date and at the time fixed under section 35(1) for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Minister with an explanation for the non-attendance which in the opinion of the Minister is reasonable in the circumstances, subsection (5) shall apply to the applicant.

• (2) Where the Minister is of the opinion that an applicant—

• (a) has failed, or is failing, in his or her duty under section 27 to co-operate, or

• (b) is in breach of paragraph (a), (c) or (d) of section 16(3),

the Minister shall send to the applicant or his or her legal representative (if known) written notice of his or her opinion, and of the reasons for it.

• (3) The Minister, in the notice under subsection (2), shall—

• (a) invite the applicant to furnish, within 10 working days of the date of the notice, his or her observations on the Minister’s opinion referred to in that subsection,

• (b) require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her application,

• (c) remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under para- graph (a) or (d) of section 16(3), and

• (d) include a statement of the effect of subsection (5) and of section 22(2)(c).

• (4) Where—

• (a) an applicant to whom a notice under subsection (2) is sent does not furnish the confirmation referred to in subsection (3)(b), or

• (b) the Minister, having considered the observations (if any) made by the applicant referred to in subsection (3)(a) and the confirmation of the applicant referred to in subsection (3)(b), is of the opinion that the applicant has failed, or is failing, to comply with any of the obligations referred to in subsection (3)(c), subsection (5) shall apply to the applicant.

• (5)
• (a) Where this subsection applies to an applicant, the applicant’s application shall be examined on the basis of the information referred to in paragraph (a) only.

• (b) The information referred to in paragraph (a) is the information submitted by the applicant before this subsection applied to him or her.

• (6) A notice under subsection (2) shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where—

• (a) he or she is not assisted or represented by a legal representative, and

• (b) legal assistance is not available to him or her.

39. Report of examination of application

39. (1) Following the conclusion of an examination of an application for international protection, the international protection officer shall cause a written report to be prepared in relation to the matters referred to in section 34.

• (2) The report under subsection (1) shall—

• (a) refer to the matters relevant to the application which are—

• (i) raised by the applicant in his or her application, preliminary interview or personal interview or at any time before the conclusion of the examination, and

• (ii) other matters the international protection officer considers appropriate,

• (b) set out the recommendation of the international protection officer in relation to the application, and

• (c) set out any of the findings referred to in subsection (4) in relation to the application.

• (3) The recommendation of the international protection officer in relation to the applica-tionshall be based on the examination of the application and shall be that—

• (a) the applicant should be given a refugee declaration,

• (b) the applicant should not be given a refugee declaration and should be given a subsi-diary protection declaration, or

• (c) the applicant should be given neither a refugee declaration nor a subsidiary protection declaration.

• (4) Where a report under this section includes a recommendation of the international protection officer referred to in subsection (3)(c), the report may also include one or more of the following findings:

• (a) that the applicant, in submitting his or her application and in presenting the grounds of his or her application in his or her preliminary interview or personal interview or at any time before the conclusion of the examination, has raised only issues that are not relevant or are of minimal relevance to his or her eligibility for international protection;

• (b) that the applicant has made inconsistent, contradictory, improbable or insufficient representations which make his or her claim to be eligibile for international protection clearly unconvincing;

• (c) that the applicant has failed without reasonable cause to make his or her application as soon as reasonably practicable having had opportunity to do so;

• (d) that the applicant, for a reason referred to in section 32, is not in need of international protection;

• (e) that the applicant’s country of origin is a safe country of origin.

• (5) Where a recommendation referred to in subsection (2)(b) cannot be made within 6 months of the date of application, the Minister shall, upon request from the applicant, provide the applicant with information on the estimated time within which a recommend-ation may be made.

• (6) The provision under subsection (5) by the Minister of an estimated time within which a recommendation may be made shall not of itself oblige the international protection officer to make a recommendation within that time.

• (7) A report under this section shall, as soon as practicable after it is prepared, be furnished to the Minister.

40. Notification of recommendation in relation to application at first instance

40. (1) Where an international protection officer has prepared a report under section 39, or caused such a report to be prepared, the Minister shall notify, in writing, the applicant concerned, the applicant’s legal representative (if known) and, whenever so requested by him or her, the High Commissioner, of the officer’s recommendation referred to in section 39(2)(b).

• (2) A notification under subsection (1) and, where applicable, a statement under subsection (4)(c) or subsection (5)(c) shall, when sent to an applicant, be in a language that he or she may reasonably be supposed to understand, where—

• (a) he or she is not assisted or represented by a legal representative, and

• (b) legal assistance is not available to him or her.

• (3) Where the international protection officer’s recommendation is that referred to in section 39(3)(a), the notification under subsection (1) need only consist of that fact.

• (4) Where the international protection officer’s recommendation is that referred to in section 39(3)(b), the notification under subsection (1) shall be accompanied by—

• (a) a statement of the reasons for the recommendation that the applicant not be given a refugee declaration,

• (b) a copy of the report under section 39, and

• (c) a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.

• (5) Where the international protection officer’s recommendation is that referred to in section 39(3)(c), the notification under subsection (1) shall be accompanied by—

• (a) a statement of the reasons for the recommendation,

• (b) a copy of the report under section 39, and

• (c) a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.

• (6) Nothing in this Act shall be construed as requiring the disclosure of any information that has been supplied to the Minister, an international protection officer, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, other than in accordance with the undertaking, or with the consent of the other state.

PART 6 Appeals to Tribunal

41. Appeal to Tribunal

41. (1) An applicant may, in accordance with regulations under subsection (4) (if any), appeal to the Tribunal against—

• (a) a recommendation, referred to in section 39(3)(b), that an applicant should not be given a refugee declaration, or

• (b) a recommendation, referred to in section 39(3)(c), that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.