INTERNATIONAL PROTECTION ACT 2015

• (2) An appeal under subsection (1) shall be brought by notice in writing—

• (a) within such period from the date of the sending to the applicant of the notification under section 40 as may be prescribed under section 77,

• (b) specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.

• (3) On receipt of a notice under subsection (2), the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.

• (4) The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals under subsection (1), including the holding of oral hearings.

42. Oral hearing

42. (1) The Tribunal shall hold an oral hearing for the purpose of an appeal under section 41 where—

• (a) subject to subsection (2), the applicant has requested this in the notice under section 41(2), or

• (b) it is of the opinion that it is in the interests of justice to do so.

• (2)
• (a) An applicant may withdraw a request referred to in subsection (1)(a) by giving notice, which shall set out the reasons for the withdrawal, to the Tribunal not later than 3 working days before the hearing date.

• (b) The Tribunal, on receipt of a notice under paragraph (a), shall consider, having regard to the interests of justice, whether to hold an oral hearing.

• (3) Except where otherwise provided, an appeal may be determined without an oral hearing.

• (4) Subject to subsections (5) and (6), an oral hearing shall be held in private.

• (5) The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings.

• (6) In conducting an oral hearing, the Tribunal shall—

• (a) permit the applicant to be present at the hearing and present his or her case to the Tribunal in person or through a legal representative,

• (b) permit an officer of the Minister or another person nominated by the Minister to be present at and participate in the hearing and, in person or through a legal represent-ative, explain to the Tribunal the recommendation of the international protection officer that is the subject of the appeal,

• (c) where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter,

• (d) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency,

• (e) ensure that the oral hearing proceeds with due expedition, and

• (f) allow for the examination and cross-examination of the applicant and any witnesses.

• (7)
• (a) Where the notice of appeal under section 41 includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness, determine whether he or she should be directed to attend before the Tribunal in accordance with subsection (8).

• (b) In making a determination under paragraph (a), the Tribunal shall have regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal.

• (8) For the purposes of an oral hearing, the Tribunal may—

• (a) direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the 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,

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

• (c) give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and

• (d) take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.

• (9) Paragraphs (a) and (b) of subsection (8) and section 44(2) shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade 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”).

• (10) Subject to subsection (11), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.

• (11) Where information 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, the information shall not be produced or further disclosed, other than in accordance with the undertaking, or with the consent of the other state.

43. Accelerated appeal procedures in certain cases

43. Where the report under section 39 includes any of the findings referred to in section 39(4), the following modifications shall apply in relation to an appeal under section 41 by the applicant concerned—

• (a) the appeal shall be brought by notice in writing within such period, which may be a shorter period than that prescribed for the purposes of section 41(2)(a), from the date of the sending to the applicant of the notification under section 40, as may be prescribed under section 77,

• (b) notwithstanding the provisions of section 42, the Tribunal, unless it considers it is not in the interests of justice to do so, shall make its decision in relation to the appeal without holding an oral hearing, and

• (c) the notification referred to in section 40(1) shall include a statement informing the applicant concerned of the effect of the modifications referred to in paragraph (a) and (b).

44. Appeal to Tribunal: provision of information

44. (1) The Minister shall, for the purposes of an appeal under section 41, furnish the Tribunal with copies of the documents provided to the applicant under section 40.

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

• (3) The Minister shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to the applicant concerned and his or her legal representative (if known).

45. Withdrawal and deemed withdrawal of appeal to Tribunal

45. (1) An applicant may, at any time before the making by the Tribunal of its decision under section 46 in relation to the appeal, withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal.

• (2) Where an applicant fails, without reasonable cause, to attend an oral hearing at that date and time fixed for the hearing then, unless the applicant, not later than 3 working days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.

• (3) Where—

• (a) in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty under section 27 to co-operate, or

• (b) the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (c) or (d) of section 16(3),

the Tribunal shall send to the applicant or his or her legal representative (if known) written notice of that opinion.

• (4) The Tribunal, in the notice under subsection (3), shall also—

• (a) 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 appeal,

• (b) 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), (c) or (d) of section 16(3), and

• (c) include a statement of the consequences specified in subsection (5).

• (5) The consequences referred to in subsection (4)(c) are that an applicant’s appeal shall be deemed to be withdrawn, and that subsection (6) shall apply accordingly, if the applicant—

• (a) does not furnish the confirmation referred to in subsection (4)(a), or

• (b) having furnished such a confirmation, in the opinion of the Tribunal or, as the case may be, in the opinion of the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection (4)(b).

• (6) Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section—

• (a) any consideration of that appeal by the Tribunal shall be terminated,

• (b) section 46 shall not apply in respect of that appeal,

• (c) subsection (2)(b) or, as the case may be, (5)(c) of section 47 shall apply,

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

• (i) notify the applicant and his or her legal representative (if known) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it,

• (ii) notify the Minister of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and

• (iii) inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.

• (7) The notification under subsection (6)(d)(i) 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.

46. Decision of Tribunal on appeal

46. (1) Before reaching a decision under subsection (2) or (3), 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 applicant should be given a refugee declaration or, as the case may be, a subsidiary protection declaration;

• (c) the recommendation under appeal;

• (d) any observations made to the Tribunal by the Minister or the High Commissioner;

• (e) where an oral hearing has been held, the evidence adduced and any representations made at that hearing;

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

• (2) In relation to an appeal under section 41(1)(a) the Tribunal may decide to—

• (a) affirm the recommendation that the applicant should not be given a refugee declara-tion, or

• (b) set aside the recommendation that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration.

• (3) In relation to an appeal under section 41(1)(b) the Tribunal may decide to—

• (a) affirm the recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration,

• (b) set aside the part of the recommendation that recommends that the applicant should not be given a refugee declaration and recommend that the applicant be given a refugee declaration, or

• (c) affirm the recommendation that the applicant should not be given a refugee declaration and set aside the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration and recommend that the applicant be given a subsidiary protection declaration.

• (4) In relation to an appeal under section 41(1)(a), the Tribunal shall decide to make the affirmation referred to in subsection (2)(a), unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee.

• (5) In relation to an appeal under section 41(1)(b), the Tribunal shall decide to make the affirmation referred to in subsection (3)(a) unless it is satisfied, having considered the matters referred to in subsection (1), that the applicant is a refugee or, as the case may be, a person eligible for subsidiary protection.

• (6) A decision of the Tribunal under subsection (2) or (3) and the reasons for it shall be communicated by the Tribunal to the applicant concerned and his or her legal represent-ative (if known), and the Minister.

• (7) A decision of the Tribunal under subsection (2) or (3) (other than a decision under subsection (3)(c)) shall be communicated to the High Commissioner.

• (8) The Tribunal shall furnish the applicant concerned and his or her legal representative (if known), and the High Commissioner whenever so requested by him or her, with—

• (a) copies of any reports, observations, or representations in writing or any other docu-ment furnished to the Tribunal by the Minister, copies of which have not been previ-ously furnished to the applicant and his or her legal representative (if known), or as the case may be, the High Commissioner, and

• (b) 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 Tribunal in the course of an appeal.

PART 7 Declarations and Other Outcomes

47. Refugee declaration and subsidiary protection declaration

47. (1) The Minister shall, subject to subsection (3), give a refugee declaration to an applicant as soon as possible after receipt by the Minister of—

• (a) a report under section 39 that includes a recommendation referred to in subsection (3)(a) of that section, or

• (b) a decision of the Tribunal referred to in subsection (2)(b) or (3)(b) of section 46.

• (2) The Minister shall refuse to give a refugee declaration to an applicant where—

• (a) a report under section 39 in respect of the application concerned includes a recom-mendation referred to in paragraph (b) of section 39(3), and the applicant has not appealed under section 41 against the recommendation,

• (b) an appeal by the applicant under section 41(1)(a) against a recommendation is with-drawn or deemed to be withdrawn under section 45, or

• (c) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(2)(a) in relation to the appeal.

• (3) The Minister may refuse to give a refugee declaration to an applicant who is a refugee where—

• (a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or

• (b) the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.

• (4) The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of—

• (a) a report under section 39 that includes a recommendation referred to in section 39(3)(b), or

• (b) a decision of the Tribunal referred to in section 46(3)(c).

• (5) The Minister shall refuse both to give a refugee declaration and to give a subsidiary protection declaration to an applicant where—

• (a) the application concerned is withdrawn under section 20 or 37,

• (b) a report under section 39 in respect of the application concerned includes a recom-mendation referred to in section 39(3)(c), and the applicant has not appealed under section 41 against the recommendation,

• (c) an appeal by the applicant under section 41(1)(b) by the applicant against a recom-mendation is deemed under section 20 to be withdrawn, or is withdrawn or deemed to be withdrawn under section 45, or

• (d) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(3)(a) in relation to the appeal.

• (6) Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.

• (7) The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of:

• (a) the giving under subsection (1) of a refugee declaration;

• (b) the giving under subsection (4) of a subsidiary protection declaration;

• (c) the refusal under subsection (2) or (3) to give a refugee declaration;

• (d) the refusal under subsection (5) both to give a refugee declaration and to give a subsidiary protection declaration.

• (8) The Minister shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give an applicant a refugee declaration or a subsidiary protection declara-tion.

• (9) A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under this Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen.

48. Option to voluntarily return to country of origin

48. (1) The Minister may, by notice in writing, inform a person whose application for international protection—

• (a) has not been the subject of a report under section 39, or

• (b) has been the subject of a report under section 39 which includes a recommendation referred to in section 39(3)(c),

that the person may, within such period as may be specified in the notice, comply with subsection (2).

• (2) A person complies with this subsection where he or she—

• (a) where applicable withdraws under section 37 his or her application for international protection or, as the case may be, withdraws under section 45(1) his or her appeal under section 41, and

• (b) confirms to the Minister, in accordance with this section, that the person will volun-tarily return to his or her country of origin.

• (3) The Minister may, by notice in writing, inform a person—

• (a) to whom the Minister has refused both to give a refugee declaration and to give a subsidiary protection declaration, and

• (b) who is the subject of a decision of the Minister under section 49(4)(b),

that the person may, within 5 days of the date on which the notice is sent, comply with subsection (4).

• (4) A person complies with this subsection where he or she confirms to the Minister, in accordance with this section, that the person will voluntarily return to his or her country of origin.

• (5) Notwithstanding section 51, and subject to subsection (6), where a person complies with subsection (2) or (4), as the case may be, the Minister shall not make a deportation order under that section in respect of the person—

• (a) where, in the case of a person to whom subsection (1) applies, the person has complied with subsection (2)(a), and

• (b) for so long as the Minister is of the opinion that the person is making such efforts as are reasonable to expect of the person to leave the State in accordance with his or her confirmation under subsection (2)(b) or (4), as the case may be.

• (6) Subsection (5) shall cease to apply where the Minister is of the opinion that—

• (a) there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or

• (b) the person, having been by a final judgment convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.

• (7) A notice under subsection (1) or (3) shall be in such form as may be prescribed and shall contain a statement of the effect of subsection (5) and (6).

• (8) A confirmation under subsection (2)(b) or (4) shall be given in such form and in such manner as may be prescribed.

49. Permission to remain

49. (1) Where a recommendation referred to in section 39(3)(c) is made in respect of an application, the Minister shall consider, in accordance with this section, whether to give the applicant concerned a permission under this section to remain in the State (in this section referred to as a “permission”).

• (2) For the purposes of his or her consideration under this section, the Minister shall have regard to—

• (a) the information (if any) submitted by the applicant under subsection (6), and

• (b) any relevant information presented by the applicant in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.

• (3) In deciding whether to give an applicant a permission, the Minister shall have regard to the applicant’s family and personal circumstances and his or her right to respect for his or her private and family life, having due regard to—

• (a) the nature of the applicant’s connection with the State, if any,

• (b) humanitarian considerations,

• (c) the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal convictions),

• (d) considerations of national security and public order, and

• (e) any other considerations of the common good.

• (4) The Minister, having considered the matters referred to in subsections (2) and (3), shall decide to—

• (a) give the applicant a permission, or

• (b) refuse to give the applicant a permission.

• (5) The Minister shall notify, in writing, the applicant concerned and his or her legal representative (if known) of the Minister’s decision under subsection (4), which notification shall be accompanied by a statement of the reasons for the decision.

• (6) An applicant—

• (a) may, at any stage prior to the preparation of the report under section 39(1) in relation to his or her application, submit information that would, in the event that subsection (1) applies to the applicant, be relevant to the Minister’s decision under this section, and

• (b) shall, where he or she becomes aware, during the period between the making of his or her application and the preparation of such report, of a change of circumstances that would be relevant to the Minister’s decision under this section inform the Minister, forthwith, of that change.

• (7) Where the Tribunal affirms a recommendation referred to in section 39(3)(c) made in respect of an application, the Minister shall, upon receiving information from an applicant in accordance with subsection (9), review a decision made by him or her under subsection (4)(b) in respect of the applicant concerned.

• (8) Subsections (2) to (5) shall apply to a review under subsection (7), subject to the modi-fication that the reference in subsection (2)(a) to information submitted by the applicant under subsection (6) shall be deemed to include information submitted under subsection (9) and any other necessary modifications.

• (9) An applicant, for the purposes of a review under subsection (7), and within such period following receipt by him or her under section 46(6) of the decision of the Tribunal as may be prescribed under subsection (10) —

• (a) may submit information that would have been relevant to the making of a decision under paragraph (b) of subsection (4) had it been in the possession of the Minister when making such decision, and

• (b) shall, where he or she becomes aware of a change of circumstances that would have been relevant to the making of a decision under subsection (4)(b) had it been in the possession of the Minister when making such decision, inform the Minister, forthwith, of that change.

• (10) The Minister may prescribe a period for the purposes of subsection (9) and, in doing so, shall have regard to the need for fairness and efficiency in the conduct of a review under this section.

• (11)
• (a) A permission given under this section shall be deemed to be a permission given under section 4 of the Act of 2004 and that Act shall apply accordingly.

• (b) A reference in any enactment to a permission under section 4 of the Act of 2004 shall be deemed to include a reference to a permission given under this section.

50. Prohibition of refoulement

50. (1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—

• (a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

• (b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

• (2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to—

• (a) the information (if any) submitted by the person under subsection (3), and

• (b) any relevant information presented by the person in his or her application for inter-national protection, including any statement made by him or her at his or her preliminary interview and personal interview.

• (3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.

• (4) A person who, but for the operation of subsection (1), would be the subject of a deportation order under section 51 shall be given permission to remain in the State.

• (5) A permission given under this section shall be deemed to be a permission given under section 4 of the Act of 2004 and that Act shall apply accordingly.

• (6) A reference in any enactment to a permission under section 4 of the Act of 2004 shall be construed as including a reference to a permission given under this section.

• (7) In this section “person” means a person who is, or was, an applicant.

50A. F37[Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)

50A. F38[(1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory—

• (a) where, in the opinion of the Minister—

• (i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

• (ii) there is a risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,

or

• (b) where the Minister is of the opinion that such expulsion or return would be prohibited under any enactment or rule of law as a breach of the person’s fundamental rights.]

• (2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to—

• (a) the information (if any) submitted by the person under subsection (3), and

• (b) any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal by the person under section 21(6).

• (3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.

• (4) A person who, but for the operation of subsection (1), would be the subject of a return order under section 51A, shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion that subsection (1) applies to the person, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.

• (5) The Minister shall as soon as practicable after he or she forms the opinion that subsection (1) applies to a person—

• (a) send the person, and his or her legal representative (if known), a notice in writing—

• (i) informing him or her of the effect of subsection (4), and

• (ii) inviting the person to complete, in respect of his or her application referred to in subsection (4), the form prescribed under section 15(5),

and

• (b) give or cause to be given to the person a statement under section 18(1).

• (6) In this section, "person" means a person whose application for international protection has been determined under section 21(11) to be inadmissible.]

51. Deportation order

51. (1) Subject to F39[section 50 and subsection (1A),] the Minister shall make an order under this section (“deportation order”) in relation to a person where the Minister—

• (a) has refused under section 47 both to give a refugee declaration and to give a subsi-diary protection to the person, and

• (b) is satisfied that section 48(5) does not apply in respect of the person, and

• (c) has refused under section 49(4) to give the person a permission under that section.

• F40[(1A)
• (a) Subsection (1) shall not apply in respect of a person who is a member of a class of person that is prescribed under paragraph (b).

• (b) The Minister may, for the purposes of this subsection, prescribe a class or classes of persons, being persons to whom such permission as may be specified has been given.

• (c) The matters to which the Minister may have regard in specifying a permission under paragraph (b) include—

• (i) the nature and purposes of the permission,

• (ii) the period for which a person to whom the permission is granted may remain in the State, and

• (iii) the conditions attached to the permission.

• (d) In this subsection, a reference to a permission to remain in the State is a reference to a permission to remain in the State that has been given in accordance with the law of the State and is valid.]

• (2) A deportation order shall require the person specified in the order to leave the State within such period as may be specified in the order and thereafter to remain out of the State.

• (3) Where the Minister makes a deportation order, he or she shall notify the person specified in the order of the making of the order and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.

• (4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly—

• (a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,

• (b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and

• (c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.

• (5) A deportation order shall be in the form prescribed or in a form to the like effect.

F41[Return order

51A.

51A. (1) Subject to F42[section 50A and subsection (1A),] the Minister shall by order (in this Act referred to as a "return order") require a person whose application for international protection has been determined under section 21(11) to be inadmissible to leave the State.

• F43[(1A)
• (a) Subsection (1) shall not apply in respect of a person who is a member of a class of person that is prescribed under paragraph (b).

• (b) The Minister may, for the purposes of this subsection, prescribe a class or classes of persons, being persons to whom such permission as may be specified has been given.

• (c) The matters to which the Minister may have regard in specifying a permission under paragraph (b) include—

• (i) the nature and purposes of the permission,

• (ii) the period for which a person to whom the permission is granted may remain in the State, and

• (iii) the conditions attached to the permission.

• (d) In this subsection, a reference to a permission to remain in the State is a reference to a permission to remain in the State that has been given in accordance with the law of the State and is valid.]

• (2) Where subsection (1) applies, the person specified in the return order may be returned:

• (a) where the circumstances referred to in section 21(2)(a) apply in relation to him or her, to the Member State that has granted refugee status or subsidiary protection to the person;

• (b) where the circumstances referred to in section 21(2)(b) apply in relation to him or her, to the first country of asylum for the person;

• (c) where the circumstances referred to in section 21(2)(c) apply in relation to him or her, to the safe third country that is a safe country for the person.

• (3) Where the Minister makes a return order, he or she shall notify the person specified in the order and his or her legal representative (if known) of the making of the order.

• (4) A notification under subsection (3) 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.

• (5) A return order shall be in the form prescribed or in a form to the like effect.]

51B. F44[Return of person subject of return order

51B. (1) An immigration officer or a member of the Garda Síochána may, for the purpose of facilitating the return of a person the subject of a return order, by notice in writing require the person to comply with one or more of the following conditions:

• (a) that he or she present himself or herself to such immigration officer or member of the Garda Síochána at such date, time and place as may be specified in the notice;

• (b) where, and only for so long as, it is reasonably necessary to facilitate his or her return, that he or she surrender his or her passport and any other travel document that he or she holds;

• (c) that he or she co-operate in any way necessary to enable an immigration officer or a member of the Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such return;

• (d) that he or she reside or remain in a particular place in the State pending his or her return.

• (2) A notice under subsection (1) shall be in a language that the person concerned may reasonably be supposed to understand.

• (3) A person the subject of a return order shall comply with a requirement under subsection (1).

• (4) Where an immigration officer or a member of the Garda Síochána considers that there is a significant risk of a person the subject of a return order absconding, the officer or member ("arresting officer or member") may, for the purpose of facilitating the return of the person, arrest the person without warrant and a person so arrested may be taken by an immigration officer or a member of the Garda Síochána to a prescribed place (in this section referred to as a "place of detention") and detained—

• (a) in the place of detention under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of the place, and

• (b) for a period not exceeding 7 days.

• (5) For the purpose of arresting a person under subsection (4), an immigration officer or member of the Garda Síochána may enter (if necessary by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or member, with reasonable cause, suspects the person to be and, where the premises is a dwelling, the immigration officer or member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or member to be in charge of the dwelling, enter that dwelling unless—

• (a) the person ordinarily resides at the dwelling, or

• (b) he or she believes on reasonable grounds that the person is within the dwelling.

• (6) The matters to which an officer or member referred to in subsection (4) may have regard, in considering for the purposes of that subsection whether there is a significant risk of a person the subject of a return order absconding, include the following:

• (a) whether the person, in the purported discharge of his or her duty to establish his or her identity, has misrepresented or omitted facts, whether or not by the use of false documents;

• (b) whether the person has failed to comply with a requirement under subsection (1);

• (c) whether the person, having been informed of arrangements for his or her return, has failed to co-operate with those arrangements;

• (d) whether the person has explicitly expressed an intention not to comply with arrangements for his or her return;

• (e) whether the person has previously failed to comply with the law of the State, or of another state, relating to the entry or presence of foreign nationals in the State or, as the case may be, that state.

• (7) Subject to subsection (8), subsections (4) and (5) shall not apply to a person the subject of a return order who is under the age of 18 years.

• (8) If and for so long as an immigration officer or member of the Garda Síochána concerned has reasonable grounds for believing that the person the subject of a return order is not under the age of 18 years, the provisions of subsections (4) and (5) shall apply as if the person had attained the age of 18 years.

• (9) The Minister may, in order to facilitate the return of a person the subject of a return order, issue to the person a laissez-passer or such other travel document as the Minister considers appropriate.

• (10) An immigration officer or member of the Garda Síochána may, for the purpose of the return, detain a person the subject of a return order in accordance with subsection (11) and place him or her on a vehicle that is about to leave the State and the person shall be deemed to be in lawful custody while so detained and until the vehicle leaves the State.

• (11) A person who is detained under subsection (10) may, for the purposes of that subsection, be detained—

• (a) for a period not exceeding 7 days, in a place of detention,

• (b) for a period or periods each not exceeding 12 hours, in a vehicle, for the purpose of bringing the person to the port from which the vehicle referred to in subsection (10) is due to leave the State, or

• (c) for a period or periods each not exceeding 12 hours, within the port referred to in paragraph (b).

• (12) The master or person in charge of a vehicle that is about to leave the State shall, if so directed by an immigration officer or member of the Garda Síochána, receive a person the subject of a return order on board the vehicle and afford the person so received proper accommodation and maintenance during the journey concerned.

• (13) A reference in this section and section 51C to the return of a person is a reference to his or her return in accordance with section 51A(2).]

51C. F45[Period of validity of return order

51C. (1) A person the subject of a return order may, while the order is in effect, be returned in accordance with section 51A(2).

• (2) A return order shall, other than where subsection (3) or (4) applies, remain in effect for a period of 6 months from the date on which notification (referred to in section 51A(3)) of the return order is sent.

• (3) Where a person the subject of the return order absconds in the period referred to in subsection (2), the order shall remain in effect for a period of 12 months from the date on which notification (referred to in section 51A(3)) of the return order is sent.

• (4) Where a person the subject of the return order brings an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) of the return order and the High Court suspends the operation of the order pending the determination of the application, the order shall remain in effect for a period of 6 months from the date of the final determination (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal) of the application concerned.

• (5) Where—

• (a) a return order ceases in accordance with this section to have effect on a particular date (in this section referred to as the "relevant date"), and

• (b) by the relevant date the person the subject of the order has not been returned,

he or she shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date immediately following the relevant date, an application for inter-national protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.

• (6) The Minister shall as soon as practicable on or after the date immediately following the relevant date—

• (a) send the person concerned, and his or her legal representative (if known), a notice in writing—

• (i) informing him or her of the effect of subsection (5), and

• (ii) inviting the person to complete, in respect of his or her application referred to in subsection (5), the form prescribed under section 15(5),

and

• (b) give or cause to be given to the person a statement under section 18(1).]

52. Revocation of refugee declaration or subsidiary protection declaration

52. F46[...]

PART 8 Content of International Protection

53. Extension to qualified person of certain rights

53. F47[...]

54. Permission to reside in State

54. F48[...]

55. Travel document

55. F49[...]

56. Permission to enter and reside for member of family of qualified person

56. F50[...]

57. Permission to reside for member of family of qualified person

57. F51[...]

58. Situation of vulnerable persons

58. F52[...]

PART 9 Programme Refugees and Temporary Protection

59. Programme refugees, etc.

59. F53[...]

60. Temporary protection

60. (1) In this section—

F54["designated accommodation centre" means a premises designated under subsection (14A)(a);]

“temporary protection” means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons who are unable to return to their country of origin, immediate and temporary protection;

“Council Directive” means Council Directive 2001/55/EC of 20 July 2001⁶ 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 and any other Directive amending or replacing it;

“displaced persons” has the same meaning as in the Council Directive.

• (2) Subject to subsection (3), this section applies to a displaced person to whom, following a Council Decision under Article 5 of the Council Directive establishing the existence of a mass influx of displaced persons, permission to enter and remain in the State for temporary protection as part of a group of persons has been given by the Government or the Minister and whose personal data (that is to say, name, nationality, date and place of birth, marital status, family relationship) are entered in a register established and maintained for the purposes of this section by the Minister.

• (3) The Minister may exclude a displaced person from temporary protection if—

• (a) there are serious reasons for considering that—

• (i) he or she 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, or

• (ii) he or she has been guilty of acts contrary to the purposes and principles of the United Nations,

• (b) there are reasonable grounds for regarding him or her as a danger to the security of the State,

• (c) the Minister is of opinion that he or she constitutes a danger to the community of the State because he or she was convicted by a final judgment of a particularly serious crime, whether in the State or elsewhere, or

• (d) there are serious reasons for considering that he or she has committed a serious non-political crime outside the State prior to his or her entry into the State.

• (4) In considering whether to exclude a displaced person from temporary protection under paragraph (c) or (d) of subsection (3), the Minister shall weigh the reasons underlying the Council Decision concerned as they relate to the displaced person against the nature of the crime of which the displaced person concerned is suspected.

• (5) Subsections (3)(d) and (4) apply both to the participants in and the persons who have instigated a crime referred to in those provisions.

• (6) The Minister shall give to a displaced person to whom subsection (2) applies, a permission to reside in the State and shall—

• (a) issue him or her with—

• (i) if required, an Irish visa or an Irish transit visa free of charge, or

• (ii) a permission to remain in the State,

and

• (b) provide him or her with information, in a language that he or she may reasonably be supposed to understand, setting out the provisions of this section relating to temporary protection in the State.

• (7) Subject to subsection (8), a permission to reside in the State given under subsection (6) shall be valid for one year, and may be renewed.

• (8) A permission to reside in the State given under subsection (6) may be revoked—

• (a) when temporary protection has ended in accordance with the Council Decision concerned,

• (b) upon the transfer of residence of the holder of the permission to another Member State, or

• (c) where the Minister decides that the holder should have been excluded from temporary protection under subsection (3) or (4).

• (9) Where, during the validity of a permission to reside in the State given under subsection (6), a displaced person to whom subsection (2) applies seeks to enter another Member State or has entered it without authorisation, the Minister shall, in co-operation with the competent authority of that Member State, make arrangements for the return of the person to the State.

• (10) Without prejudice to subsection (8), F55[a person who has been given a permission to reside in the State under subsection (6), which permission is valid,] shall be entitled—

• (a) to seek and enter employment, to engage in 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,

• F55[(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and, other than while he or she is resident in a designated accommodation centre, the same social welfare benefits as those to which Irish citizens are entitled, and]

• (c) to the same rights of travel in the State as those to which Irish citizens are entitled.

• (11) The Minister shall co-operate with the competent authorities of another Member State in relation to—

• (a) the transfer to another Member State of a displaced person to whom subsection (2) applies,

• (b) the transfer from another Member State to the State of a displaced person to whom subsection (2) applies, and

• (c) the reunification, either in the State or in another Member State, of family members of a displaced person to whom subsection (2) applies.

• (12) The Minister may prescribe documentation to be used for the purpose of enabling and facilitating transfers and reunifications referred to in subsection (11).

• (13) For the purposes of subsection (11), the Minister may provide to another Member State, insofar as they are available—

• (a) personal data relating to a displaced person (that is to say, name, nationality, date and place of birth, marital status and family relationship),

• (b) travel documents relating to the person concerned,

• (c) documents concerning evidence of family ties relating to the person concerned (such as marriage certificates, birth certificates and certificates of adoption),

• (d) other information required to establish the identity of the person concerned or his or her family relationships,

• (e) residence permits and decisions concerning the giving or refusal of visas or residence permissions to the person concerned by the Minister, and documents forming the basis of those decisions,

• (f) applications for visas or entry or residence permissions submitted by the person concerned and pending in the State, and the stage reached in the processing of these, and

• (g) any corrected information within paragraphs (a) to (f) which becomes available.

• (14) Subsection (2) shall not apply to a person who is, for the time being, an applicant and a permission to reside in the State given under subsection (6) shall not be in force in relation to such a person.

• F54[(14A) The Minister for Children, Equality, Disability, Integration and Youth—

• (a) may, where he or she is satisfied that the premises concerned are suitable for the purpose, designate in writing such and so many premises as he or she considers appropriate for the accommodation of persons who have been given a permission to reside in the State under subsection (6), which permission is valid, and

• (b) shall, as soon as practicable after a designation is made under paragraph (a), ensure that the fact of such designation is published on a website maintained by or on behalf of him or her or the Government.]

• (15) In this section, “Irish transit visa” and “Irish visa” have the meaning they have under the Immigration Act 2003.

PART 10 International Protection Appeals Tribunal

61. International Protection Appeals Tribunal

61. (1) On the establishment day, there shall stand established a Tribunal to be known as An Binse um Achomhairc i dtaobh Cosaint Idirnáisiúnta or, in the English language, the International Protection Appeals Tribunal, which shall determine appeals and perform such other functions as may be conferred on it by or under this Act and the Dublin System Regulations.

• (2) The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

• (3) Subject to subsection (4), the Tribunal shall be—

• (a) inquisitorial in nature, and

• (b) independent in the performance of its functions.

• (4) The Minister may appoint such and so many persons to be members of the staff of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions and such members of the staff of the Tribunal shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

• (5) Members of the staff of the Tribunal shall be civil servants within the meaning of the Civil Service Regulation Acts 1956 to 2005.

• (6) Whenever the Tribunal consists of more than one member, it shall be grouped into divisions, each of which shall consist of one member.

62. Membership of Tribunal

62. (1) The Tribunal shall consist of the following members—

• (a) a chairperson, who shall be appointed in a whole-time capacity,

• (b) not more than 2 deputy chairpersons, who shall be appointed in a whole-time capacity, and

• (c) such number of other members, appointed either in a whole-time or a part-time capacity, as the Minister, with the consent of the Minister for Public Expenditure and Reform, considers necessary for the expeditious performance of the functions of the Tribunal,

each of whom shall have had before his or her appointment the appropriate experience specified in subsection (2).

• F56[(2) The experience referred to in subsection (1) is—

• (a) in the case of a member referred to in paragraph (a) or (b) of that subsection, not less than 5 years’ experience as a practising solicitor, practising barrister or member referred to in paragraph (c) of that subsection, and

• (b) in the case of a member referred to in paragraph (c) of that subsection, not less than 2 years’ experience—

• (i) as a practising solicitor or practising barrister,

• (ii) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title,

• (iii) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or

• (iv) as a legal academic, where the person is, at the time of his or her appointment, a solicitor or qualified barrister.]

• F57[(2A) Where a person stands appointed as an Appeals Officer (within the meaning of Part 13 of the International Protection Act 2026), the period of such appointment shall, notwithstanding subsection (2), be deemed to be reckonable for the purpose of calculating a period of appropriate experience as specified in that subsection.]

• (3) Subject to subsection (4), the Minister shall appoint the members of the Tribunal.

• (4) Subject to F58[subsections (4A), (8) and (15)], the Minister shall not appoint a member of the Tribunal unless the Public Appointments Service, after holding a competition under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004, has selected him or her for appointment to the position.

• F57[(4A) The Minister may, notwithstanding subsection (4), appoint a person under subsection (3) as a member of the Tribunal (other than the chairperson) without a selection competition having been held by the Public Appointments Service under subsection (4) where the person—

• (a) stands appointed as an Appeals Officer (within the meaning of Part 13 of the Interna-tional Protection Act 2026),

• (b) has the requisite experience referred to in subsection (2)(a) or (b), and

• (c) consents to being so appointed.]

• (5) Subsection (4) shall not apply to the reappointment of a member, in accordance with subsection (7), for a second term.

• (6)
• (a) Each member of the Tribunal appointed in a part-time capacity shall hold office under a contract for services in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannu-ation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

• (b) The chairperson of the Tribunal and each member of the Tribunal appointed in a whole-time capacity, shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

• (7) The term of office of the members of the Tribunal shall be as follows:

• (a) the term of office of the chairperson shall be 5 years and a chairperson may be reappointed to the office for a second term not exceeding 5 years;

• (b) the term of office of a deputy chairperson shall be 5 years and a deputy chairperson may be reappointed to the office for a second term not exceeding 5 years;

• (c) the term of office of a member appointed in a whole-time capacity, other than the chairperson, shall be F59[5 years] and such a member may be reappointed to the office for a second term not exceeding F59[5 years];

• (d) the term of office of a member appointed in a part-time capacity shall be F59[5 years] and such a member may be reappointed to the office for a second term not exceeding F59[5 years].

• F60[(7A) Notwithstanding subsection (7), a member of the Tribunal who has been reappointed for a second term is otherwise eligible for appointment by way of competition in accordance with subsection (4).

• (7B) Where, immediately before the coming into operation of section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, a member of the Tribunal, other than the chairperson or a deputy chairperson, stands appointed or reappointed, as the case may be, to the Tribunal, in a whole-time or a part-time capacity, the person shall be deemed to have been appointed or reappointed, as the case may be, for a term of office of 5 years from the date on which he or she was so appointed or reappointed, as the case may be.]

• F57[(7C) The term of office of a member of the Tribunal to whom subsection (4A) applies shall be for a period not exceeding the unexpired term of the person’s appointment as an Appeals Officer under Part 13 of the International Protection Act 2026.]

• (8) Where the chairperson is for any reason temporarily unable to act as the chairperson, or the office of the chairperson is vacant, the Minister shall appoint a deputy chairperson to be the chairperson for the duration of the inability or until an appointment is made under subsection (4), as appropriate, and the person so appointed may perform all the functions conferred on the chairperson by this Act.

• (9) A member of the Tribunal may resign from office by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter.

• (10) Where a member of the Tribunal is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament,

• (d) elected or co-opted as a member of a local authority,

• (e) appointed to judicial office, or

• (f) appointed Attorney General,

he or she shall thereupon cease to be a member of the Tribunal.

• (11) A person who is for the time being—

• (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

• (b) a member of the European Parliament, or

• (c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified from being a member of the Tribunal.

• (12) Without prejudice to the generality of subsection (11), that subsection shall be construed as prohibiting the reckoning of a period referred to therein as service with the Tribunal for the purposes of any superannuation benefits payable under this Act or otherwise.

• (13) A member of the Tribunal may be removed from office by the Minister for stated reasons.

• (14) If a member appointed in a part-time capacity—

• (a) dies, resigns, becomes disqualified or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be a member of the Tribunal in a part-time capacity to fill the casual vacancy so occasioned until an appointment is made in accordance with subsection (4).

• (15) If a member appointed in a whole-time capacity—

• (a) dies, resigns, becomes disqualified or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be a member of the Tribunal in a whole-time or part-time capacity until an appointment is made in accordance with subsection (4).

• F61[(16) In subsection (2)—

"home professional title", "lawyer", "member state" and "professional activities" have the same meanings as they have in the European Communities (Lawyers’ Establishment) Regulations 2003 (S.I. No. 732 of 2003);

"legal academic" shall be construed in accordance with section 45A(2) (inserted by section 63 of the Judicial Appointments Commission Act 2023) of the Courts (Supplemental Provisions) Act 1961;

"practising solicitor", "practising barrister" and "qualified barrister" have the same meanings as they have in the Legal Services Regulation Act 2015;

"solicitor" means a person who has been admitted as a solicitor whose name is on the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954).]

63. Functions of chairperson of Tribunal

63. (1) The chairperson shall ensure that the functions of the Tribunal are performed efficiently and that the business assigned to each member is disposed of as expeditiously as may be consistent with fairness and natural justice.

• (2) The chairperson may issue to the members of the Tribunal guidelines on the practical application and operation of the provisions or any particular provisions of this Part and on developments in the law relating to international protection.

• (3)
• (a) The chairperson may, if he or she considers it appropriate to do so in the interest of the fair and efficient performance of the functions of the Tribunal, issue guidelines to the Registrar for the purpose of the performance of his or her functions of assigning or re-assigning appeals under section 67(2) or (3).

• (b) In issuing the guidelines referred to in paragraph (a), the chairperson shall have regard to the following matters:

• (i) the grounds of the appeals specified in the notices of appeal;

• (ii) the country of origin of applicants;

• (iii) any family relationship between applicants;

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

• (v) the provisions of this Act under which the appeals are made.

• (4) The chairperson may —

• (a) re-assign business from one member to a different member if, in the opinion of the chairperson, such re-assignment—

• (i) is warranted by the inability or unwillingness to transact that business of the member to whom the business was originally assigned, and

• (ii) where the business relates to an appeal, cannot be achieved by agreement between the Registrar and that member,

• (b) require a member to prepare a report of his or her determination of each appeal within a period specified in the guidelines referred to at subsection (2), and

• (c) require a member to prepare a report on any aspect of the transaction of the business assigned to the member.

• (5) The chairperson—

• (a) may accord priority to an appeal when he or she is of the opinion that it is in the interests of justice to do so, and

• (b) shall accord priority to an appeal that is the subject of a request under section 73(1)(b).

• (6) The chairperson may from time to time convene a meeting with a member or members of the Tribunal for the purpose of discussing matters relating to the transaction of the business assigned to the member or members, including, in particular, such matters as the avoidance of undue divergences in the transaction of business by the members.

• (7) The chairperson shall convene a meeting of the members at least once a year to review the transaction of business by members and, where necessary, to make provision for training programmes for members.

• (8) The chairperson shall make the following written reports on the activities of the Tribunal:

• (a) a report to the Minister in relation to any function that the chairperson performs under this Act, if requested to do so by the Minister or if the chairperson considers it appropriate to do so;

• (b) an annual report to the Minister not later than 3 months after the end of each year, which the Minister shall cause to be laid before each House of the Oireachtas not more than 30 days after he or she receives it.

• (9) Where a member of the Tribunal fails to comply with a provision of section 65, the chairperson may make a written report to the Minister of this failure.

• (10) In this section and section 65, “business” means the determination of appeals and any additional tasks assigned to a member by the chairperson in order to fulfil any other functions conferred on the Tribunal by or under this Act and the Dublin System Regula-tions.

64. Functions of deputy chairperson of Tribunal

64. Without prejudice to section 62(8), a deputy chairperson of the Tribunal shall perform such of the functions of the chairperson under this Act as the chairperson may assign to him or her.

65. Role of members of Tribunal

65. (1) A member of the Tribunal shall, on behalf of the Tribunal, transact the business assigned to him or her under this Act.

• (2) A member shall, in the performance of his or her functions under this Act—

• (a) ensure that the business assigned to him or her is managed efficiently and disposed of as expeditiously as is consistent with fairness and natural justice,

• (b) conduct oral hearings in accordance with this Act and any regulations under section 41(4),

• (c) accord priority to an appeal to which section 63(5) applies that is assigned to him or her,

• (d) have regard to any guidelines issued by the chairperson under section 63(2),

• (e) prepare the report referred to in paragraph (b) or (c) of section 63(4) and provide it to the chairperson when requested to do so,

• (f) attend any meetings convened by the chairperson under subsection (6) or (7) of section 63, unless it is impracticable to do so,

• (g) provide such assistance to the chairperson in the performance by the chairperson of his or her functions under this Act as the chairperson may reasonably request, and

• (h) comply with any direction given by the chairperson relating to training and the continued professional development of members.

66. Registrar

66. (1) The Minister shall appoint a person to be Registrar of the Tribunal.

• (2) A person appointed under subsection (1) shall perform the functions assigned to him or her by or under this Act.

• (3) The Registrar shall be responsible to the chairperson for the performance of his or her functions.

• (4) Where the Registrar is for any reason temporarily unable to perform his or her function of assigning and re-assigning appeals under section 67 or the position of Registrar is vacant, that function of the Registrar may be performed, for the duration of the inability or until an appointment is made under subsection (1) by such member of the staff of the Tribunal as may, from time to time, be designated for that purpose by the Registrar, or (in the absence of such designation) by the Minister, and references in this Act to the Registrar shall be read as including references to a person designated under this subsection.

67. Functions of Registrar

67. (1) The Registrar shall, in consultation with the chairperson—

• (a) manage and control generally the staff and administration of the Tribunal, and

• (b) perform such other functions as may be conferred on him or her by the chairperson.

• (2) The Registrar shall assign to each member the appeals to be determined by him or her.

• (3) Subject to section 63(4)(a), the Registrar may re-assign an appeal where the member to whom it was originally assigned is unable or unwilling to determine that appeal.

• (4) In assigning or re-assigning an appeal to a member the Registrar shall have regard to—

• (a) the need to ensure the efficient management of the work of, and the expeditious performance of its functions by, the Tribunal, consistent with fairness and natural justice, and

• (b) any guidelines issued by the chairperson under section 63(3)(a).

• (5) The Registrar shall bring to the attention of the chairperson any matter relevant to the chairperson’s functions under subsection (1) or (5) of section 63.

• (6)
• (a) The Registrar shall, whenever requested by the chairperson, assign to the chairper-son—

• (i) appeals, or

• (ii) a particular appeal,

to be determined by the chairperson under this Act.

• (b) In assigning an appeal under paragraph (a), the Registrar shall comply with any direction of the chairperson.

• (c) In making a request or giving a direction referred to in this subsection, the chairperson shall have regard to the matters referred to in subsection (4).

PART 11 Transitional Provisions

68. Detention

68. (1) Where, immediately before the coming into operation of this subsection, a person was detained in a place of detention pursuant to section 9 of the Act of 1996, he or she shall be deemed to be detained in that place pursuant to section 20, this Act shall apply accordingly, and the period during which the person was so detained shall be included in reckoning a period for the purpose of section 20.

• (2) Pending the making of regulations under section 20, rules or regulations made under section 9 of the Act of 1996 relating to the treatment of persons detained under that section shall, except where they may be inconsistent with this Act, continue in force and shall apply and have effect, with any necessary modifications, in relation to a person detained under this Act.

69. Transitional provisions relating to declarations and permissions under repealed enactments

69. (1) A declaration given to a person under section 17 of the Act of 1996 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a refugee declaration given to the person under this Act and the provisions of this Act shall apply accordingly.