INTERNATIONAL PROTECTION ACT 2015

• (2) A permission to reside in the State granted under Regulation 23(1) of the Regulations of 2013, or deemed under Regulation 31 of those Regulations to have been granted, to a person, that is in force immediately before the date on which this subsection comes into operation, shall, for the duration of its unexpired term, be deemed to be a permission given to the person under section 54(1) and the provisions of this Act shall apply accordingly.

• (3) A permission to enter and reside in the State granted to a person under section 18 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 permission given to the person under section 56 and the provisions of this Act shall apply accordingly.

• (4) A subsidiary protection declaration given under Regulation 20 of the Regulation of 2013, or deemed under Regulation 31(1) of those Regulations to have been granted, to a person, that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a subsidiary protection declaration given to the person under this Act and the provisions of this Act shall apply accordingly.

• (5) A permission to enter and reside in the State granted under Regulation 25 of the Regu-lations of 2013, or deemed under Regulation 31(4) of those Regulations to have been granted to a person, that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 56 and the provisions of this Act shall apply accordingly.

• (6) A permission to reside in the State granted to a person under Regulation 26 of the Regulations of 2013 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 57 and the provisions of this Act shall apply accordingly.

• (7) A permission to reside in the State granted under Regulation 23 of the Regulations of 2013, or deemed under those Regulations to have been granted, to a person referred to in subsection (4), (5) or (6), that is in force immediately before the date on which this subsection comes into operation shall, for the duration of its unexpired term, be deemed to be a permission given to the person under section 54 and the provisions of this Act shall apply accordingly.

70. Transitional provisions relating to caseloads under repealed enactments

70. (1) Where, before the date on which this subsection comes into operation, a person has made an application for a declaration under section 8 of the Act of 1996 and, by that date, a report under section 13 of that Act has not been prepared in respect of the application, the person shall be deemed to have made an application for international protection under section 15 and the provisions of this Act shall apply accordingly.

• (2) Where, before the date on which this subsection comes into operation, a person has made an appeal under section 16 of the Act of 1996 against a recommendation of the Refugee Applications Commissioner and, by that date, the appeal has not been decided, the person shall be deemed to have made an application for international protection under section 15 and the provisions of this Act shall apply accordingly, subject to the following modifications and any other necessary modifications:

• (a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration;

• (b) for the purposes of the examination un der Part 5 of the application, the person shall be deemed to be a person who should not be given a refugee declaration;

• (c) for the purposes of section 39(3)—

• (i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the applicant, and

• (ii) the recommendation of the Refugee Applications Commissioner shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the applicant should not be given a refugee declaration; and

• (d) where the international protection officer makes his or her recommendation under section 39 —

• (i) subject to subparagraph (ii), the person’s appeal under section 16 of the Act of 1996 shall be deemed to be an appeal made in accordance with section 41(1)(a), and the provisions of this Act shall apply accordingly,

• (ii) where the recommendation is one referred to in section 39(3)(c) and the person appeals in accordance with section 41(1)(b) against the recommendation, the person’s appeal under section 16 of the Act of 1996 shall be deemed to be included in the appeal under section 41(1)(b), and

• (iii) section 43 shall not apply in respect of the appeal referred to in sub paragraph (i) or (ii).

• (3) Where, before the date on which this subsection comes into operation, a person has made an application for a declaration under section 8 of the Act of 1996, which application has been the subject of a recommendation under section 13 of that Act to whichsubsection (2) of that section applies, and by that date, the Minister has not refused under section 17 of that Act to give the person concerned a declaration, then, subject to subsection (6), the person shall be deemed to have made an application for international protection under section 15.

• (4) Where, before the date on which this subsection comes into operation, the former Tribunal has affirmed under section 16 of the Act of 1996 a recommendation of the Refugee Applications Commissioner and, by that date, the Minister has not refused under section 17 of that Act to give the person concerned a declaration, then, subject to subsection (6), the person shall be deemed to have made an application for international protection under section 15.

• (5) Where, before the date on which this subsection comes into operation, a person has made an application within the meaning of Regulation 2(1) of the Regulations of 2013 and, by that date, the Refugee Applications Commissioner has not yet commenced the investigation of the application under Regulation 5 of those Regulations, then, subject to subsection (6), the person shall be deemed to have made an application for interna-tional protection under section 15.

• (6) Where a person is deemed under subsection (3), (4) or (5) to have made an application for international protection under section 15, this Act shall apply to the application, with the following modifications and any other necessary modifications—

• (a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration,

• (b) for the purposes of the examination under Part 5 of the application, the person shall be deemed to be a person who should not be given a refugee declaration,

• (c) for the purposes of section 39(3)—

• (i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the applicant, and

• (ii) the recommendation of the Refugee Applications Commissioner, made under the Act of 1996 in respect of the applicant, shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the applicant should not be given a refugee declaration,

and

• (d) an appeal to the Tribunal under section 41(1) against a recommendation under paragraph (b) or (c) of section 39(3) may be made only in respect of the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration.

• (7) Where—

• (a) immediately before the date on which this subsection comes into operation, a person is an applicant within the meaning of section 1 of the Act of 1996 and his or her application under the Act has not been determined, and

• (b) he or she, on that date, is not deemed under this section to have made an application for international protection under section 15,

then, notwithstanding section 6—

• (i) the Act of 1996, and not this Act, shall, for the purpose of his or her application for a declaration under the Act of 1996, continue to apply to him or her, and

• (ii) in the event that a notice under F62[section 17(5)] of the Act of 1996 is sent to him or her, he or she may apply under the Regulations of 2013 for a subsidiary protection declaration, and the Regulations of 2006 and the Regulations of 2013 shall apply to the application, and

• (iii) in the event that a declaration under section 17 of the Act of 1996 is given to him or her, the declaration shall be deemed to be a refugee declaration given to the person under this Act and the provisions of this Act shall apply accordingly.

• (8) Where—

• (a) immediately before the date on which this subsection comes into operation, a person is an applicant within the meaning of Regulation 2(1) of the Regulations of 2013, or entitled under Regulation 3 of the Regulations of 2013 to make an application for a subsidiary protection declaration, and

• (b) he or she, on that date, is not deemed under subsection (2), (3), (4) or (5) to have made an application for international protection under section 15,

then, notwithstanding section 6, the Regulations of 2006 and the Regulations of 2013, and not this Act, shall, for the purpose of his or her application for a subsidiary protection declaration under the Regulations of 2013, continue to apply to him or her.

• (9) Where a person to whom subsection (7)(ii) or (8) applies is given, under Regulation 20 of the Regulations of 2013, a subsidiary protection declaration, the declaration shall be deemed to be a subsidiary protection declaration given to the person under this Act and the provisions of this Act shall apply accordingly.

• (10) The Minister—

• (a) shall give each person to whom subsection (1), (2), (3), (4) or (5) applies a statement in writing explaining the effect of this Act and the procedures under which his or her application for international protection will be dealt with, and

• (b) shall afford each such person an opportunity to submit, within a specified period, such additional information in support of his or her application for international protection that he or she considers appropriate.

• (11) Where, before the date on which this subsection enters into operation, a person has made an application for the consent of the Minister referred to in section 17(7) of the Act of 1996 and, by that date, the Minister has not made a decision in respect of the application, the application shall be deemed to be an application under section 22(2) and this Act shall apply accordingly.

• (12) Where, before the date on which this subsection comes into operation, the Minister has sent a person a notice under section 21(3) of the Act of 1996 of the Minister’s proposal to revoke a declaration and, by that date, the Minister has not made a decision under that section in respect of the proposal, the notice shall be deemed to be a notice under section 52(4), sent on the date on which it was sent under section 21(3) of the Act of 1996, and this Act shall apply accordingly.

• (13) Where, before the date on which this subsection comes into operation, the Minister has sent a person a notice under Regulation 21(2) of the Regulations of 2013 of the Minister’s proposal to revoke a subsidiary protection declaration and, by that date, the Minister has not made a decision under that Regulation in respect of the proposal, the notice shall be deemed to be a notice under section 52(4), sent on the day on which it was sent under that Regulation, and this Act shall apply accordingly.

• (14) Where, before the date on which this subsection comes into operation, a person has made an application under section 18(1) or (4) of the Act of 1996 and, by that date, the Minister has not made a decision under that section in respect of the application—

• (a) the Act of 1996 shall continue to apply in respect of the application, and

• (b) where the Minister decides under that section to grant a permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 56 and the provisions of this Act shall apply accordingly.

• (15) Where, before the date on which this subsection comes into operation, a person has made an application under Regulation 25(1) or (4), or Regulation 26(1) or (4), of the Regulations of 2013 and, by that date, the Minister has not made a decision under the Regulation concerned in respect of the application—

• (a) the Regulations of 2013 shall continue to apply in respect of the application, and

• (b) where the Minister decides—

• (i) under Regulation 25 of the Regulations of 2013, to grant a permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 56 and the provisions of this Act shall apply accordingly, and

• (ii) under Regulation 26 of the Regulations of 2013, to grant a permission to the person who is the subject of the application to reside in the State, the permission shall be deemed to be a permission given to the person under section 57 and the provisions of this Act shall apply accordingly.

• (16) Where, before the date on which this subsection comes into operation, a person is the subject of a requirement under section 9(5)(a) of the Act of 1996 which, immediately before that date, still has effect, on and from that date, the requirement shall be deemed to be a requirement imposed on the person under section 16(3)(d) and this Act shall apply accordingly.

• (17) Fingerprints taken under section 9A of the Act of 1996 shall, from the date on which this subsection comes into operation, be deemed to be fingerprints taken (on the date on which they were taken under the Act of 1996) under section 19, and this Act shall apply accordingly.

• (18) The functions conferred on the Refugee Applications Commissioner by the enactments that continue to apply under this section may, for the purposes referred to in this section, be performed by an international protection officer.

• (19) Information provided to the Refugee Applications Commissioner under the Act of 1996, the Regulations of 2013 and the Dublin System Regulations shall, on and from the date on which this subsection comes into operation, be deemed to be information provided to the Minister or an international protection officer under this Act.

• (20) Each record held by the Refugee Applications Commissioner under the Act of 1996, the Regulations of 2013 and the Dublin System Regulations shall, on and from the date on which this subsection comes into operation, be deemed to be information provided to the Minister or an international protection officer under this Act.

• (21) Where, on the date on which this subsection comes into operation, any legal proceedings are pending to which the Refugee Applications Commissioner is a party and the proceedings have reference to functions which, on and after that date, are functions of an international protection officer, the chief international protection officer shall, to the extent that they have such reference, be substituted in those proceedings for the Refugee Applications Commissioner or added in those proceedings, as may be appropriate, and those proceedings shall not abate by reason of such substitution or addition.

• (22) A temporary residence certificate issued under section 9(3) of the Act of 1996 to a person to whom subsection (1), (2), (3) or (4) applies shall be deemed to be a temporary residence certificate issued under section 17.

• (23) A temporary residence certificate given under Regulation 4(2) of the Regulations of 2013 to a person to whom subsection (5) applies shall be deemed to be a temporary residence certificate issued under section 17.

71. Transitional provisions relating to Refugee Appeals Tribunal

71. (1) With effect from the establishment day, the administration and business in connection with the performance of any functions of the former Tribunal under the Act of 1996, the Regulations of 2006, the Regulations of 2013 and the Dublin System Regulations are transferred, to the Tribunal.

• (2) For the purposes of subsection (1), and subject to subsection (4), the chairperson of the Tribunal shall perform the functions of the chairperson of the former Tribunal under the Act of 1996 and the Regulations of 2013.

• (3) For the purposes of subsection (1), a member of the Tribunal to whom is assigned an appeal made by a person to whom subsection (7) or (8) of section 70 applies shall decide that appeal in accordance with the Act of 1996 and the Regulations of 2006 or the Regulations of 2013, as the case may be, and, for that purpose, perform the functions of a member of the former Tribunal under that Act or those Regulations.

• (4) On and after the establishment day, the assignment to members of the Tribunal of appeals made by persons to whom subsection (7) or (8) of section 70 applies shall be subject to the provisions of this Act and not the Act of 1996 or the Regulations of 2013.

• (5) Where the former Tribunal is a party to legal proceedings pending immediately before the establishment day which relate to functions which, on and after that date, are functions of the Tribunal, the Tribunal shall, insofar as the proceedings relate to those functions, be substituted in the proceedings for the former Tribunal and the proceedings shall not abate by reason of the substitution.

• (6) The person who, immediately before the date on which this subsection comes into operation, was the chairperson of the former Tribunal shall, notwithstanding any contract of service and with the person’s consent, on and after that date, be deemed to have been appointed chairperson of the Tribunal and shall hold office for the unexpired term of his or her appointment as chairperson of the former Tribunal.

• (7) A person who, immediately before the date on which this subsection comes into opera-tion, was a member of the former Tribunal shall, notwithstanding any contract for service and with the person’s consent, on and after that date, be deemed to have been appointed in a part-time capacity to the Tribunal and shall hold office for the unexpired term of his or her appointment as a member of the former Tribunal.

• (8) The person who, immediately before the date on which this subsection comes into operation, was the Principal Officer of the former Tribunal shall, with the person’s consent, on and after that date, be deemed to have been appointed Registrar and shall hold office until a person is appointed under section 66(1) to be Registrar.

• (9) In this section—

“establishment day” means the day appointed by the Minister under section 61(2) on which the International Protection Appeals Tribunal stands established;

“former Tribunal” means the Refugee Appeals Tribunal established under section 15 of the Act of 1996.

PART 12 Miscellaneous

72. Designation of safe countries of origin

72. (1) The Minister may by order designate a country as a safe country of origin.

• (2) The Minister may make an order under subsection (1) only if he or she is satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is generally and consistently no persecution, no torture or inhuman or degrading treatment or punishment and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.

• (3) In making the assessment referred to in subsection (2), the Minister shall take account of, among other things, the extent to which protection is provided against persecution or mistreatment by—

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

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

• (c) respect for the non-refoulement principle in accordance with the Geneva Convention, and

• (d) provision for a system of effective remedies against violations of those rights and freedoms.

• (4) The Minister shall base his or her assessment referred to in subsection (2) on a range of sources of information, including in particular information from—

• (a) other Member States,

• (b) the European Asylum Support Office,

• (c) the High Commissioner,

• (d) the Council of Europe, and

• (e) such other international organisations as the Minister considers appropriate.

• (5) The Minister shall, in accordanc e with subsections (2) to (4) and on a regular basis, review the situation in a country designated under subsection (1).

• (6) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).

• (7) In this section—

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

“country” means a country other than an EU Member State;

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

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

72A. F63[Designation of safe third countries

72A. (1) The Minister may by order designate a country as a safe third country.

• (2) The Minister may make an order under subsection (1) only if he or she is satisfied that a person seeking to be recognised in the country concerned as a refugee will be treated in accordance with the following principles in that country—

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

• F64[(aa) there is no risk that a person would be subjected to the death penalty, torture or 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 inter-national or internal armed conflict,]

• (b) the principle of non-refoulement in accordance with the Geneva Convention is respected,

• (c) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment, as required by international law, is respected, and

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

• (3) The Minister shall base his or her assessment referred to in subsection (2) on a range of sources of information, including in particular information from—

• (a) other Member States of the European Union,

• (b) the European Asylum Support Office,

• (c) the High Commissioner,

• (d) the Council of Europe, and

• (e) such other international organisations as the Minister considers appropriate.

• (4) The Minister shall, in accordance with subsections (2) and (3) and on a regular basis, review the situation in a country designated under subsection (1).

• (5) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).

• (6) In this section—

"country" means a country other than an EU Member State;

"refugee status" means the recognition by the country concerned of a third country national or stateless person as a refugee.]

73. Prioritisation

73. (1) Subject to the need for fairness and efficiency in dealing with applications for international protection under this Act, the Minister may, where he or she considers it necessary or expedient to do so—

• (a) accord priority to any application, or

• (b) having consulted with the chairperson of the Tribunal, request the chairperson to accord priority to any appeal.

• (2) In according priority under subsection (1)(a) or making a request under subsection (1)(b), the Minister may have regard to the following:

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

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

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

• (d) where the application was made other than at the frontier of the State, whether the applicant has provided a reasonable explanation to show why he or she did not make an application for international protection or, as the case may be, an application under section 8 of the Act of 1996 immediately on arriving at the frontier of the State unless the application is grounded on events which have taken place since his or her arrival in the State;

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

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

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

• (h) whether the applicant has complied with the requirements of section 27(1);

• (i) whether the applicant is a person in respect of whom the Child and Family Agency is providing care and protection;

( j) whether the applicant has, without reasonable cause, failed to comply with the requirements of paragraphs (a), (c) or (d) of F65[section 16(3);]

• F66[(k) whether the applicant is from a safe country of origin;

• (l) whether the country of origin of the applicant is a country in respect of which there are a large number of applications or appeals, and the need to ensure that these and all other applications or appeals are dealt with in an efficient manner.]

73A. F67[Acceleration

73A. (1) Subject to the need for fairness and efficiency in dealing with applications for interna-tional protection under this Act, the Minister may, where he or she considers it necessary or expedient to do so, accelerate the examination of any application.

• (2) In accelerating, under subsection (1), an examination of any application for international protection, the Minister may have regard to the matters in paragraphs (a) to (l) of section 73(2).]

74. International protection officers

74. (1) The Minister may authorise in writing such and so many persons as he or she considers appropriate to perform the functions conferred on an international protection officer by or under this Act.

• (2) An authorisation under this section shall cease—

• (a) where the Minister revokes, under this section, the authorisation,

• (b) in the case of a person who is an officer of the Minister, where the person ceases to be an officer of the Minister, or

• (c) in the case of an authorisation that is for a fixed period, on the expiry of that period.

• (3) The Minister may revoke an authorisation under this section.

• (4) An international protection officer shall be independent in the performance of his or her functions.

75. Chief international protection officer

75. (1) The Minister shall appoint a person, being an international protection officer, to perform the functions conferred on the chief international protection officer by or under this Act.

• (2) The Minister may revoke an appointment under this section.

• (3) The functions of the chief international protection officer under this Act shall include the management of the allocation to international protection officers, for examination under this Act, of applications for international protection.

• (4) The chief international protection officer shall be independent in the performance of his or her functions.

76. Contracts for services

76. (1) The Minister may enter into contracts for services with such and so many persons as he or she considers necessary to assist him or her in the performance of his or her functions under this Act and such contracts with such persons shall contain such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

• (2) The Minister may authorise a person with whom the Minister has entered into a contract for services in accordance with subsection (1) to perform any of the functions (other than the function consisting of the making of a recommendation to which subsection (3) of section 39 applies) of an international protection officer under this Act.

77. Period for making appeal under sections 21, 22, 41 and 43

77. The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures and the need to ensure the efficient conduct of the business of the Tribunal, prescribe periods for the purposes of section 21(6), 22(8), 41(2)(a) and 43(a) and, in doing so, may prescribe different periods in respect of different provisions or different classes of appeal.

PART 13 Miscellaneous Amendments

78. Amendment of Immigration Act 1999

78. The Immigration Act 1999 is amended by the substitution of the following for section 5:

“5. (1) Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that a person against whom a deportation order is in force—

• (a) has failed to leave the State within the time specified in the order,

• (b) has failed to comply with any other provision of the order or with a requirement in a notice under section 3(3)(b)(ii),

• (c) intends to leave the State and enter another state without lawful authority,

• (d) has destroyed his or her identity documents or is in possession of forged identity documents, or

• (e) intends to avoid removal from the State,

the officer or member may arrest the person without warrant, and a person so arrested may be taken to a place referred to in subsection (3) and detained in the place in accordance with that subsection. (2) Where a person against whom a deportation order is in force is serving a term of imprisonment in a prison or place of detention, an immigration officer or a member of the Garda Síochána may, immediately on completion by the person of the term of

imprisonment, arrest the person without warrant and detain him or her in accordance with subsection (3).

• (3) A person who is arrested and detained under subsection (1) or (2) may be detained—

  • (a) in a prescribed place, or

  • (b) for the purpose of his or her being placed in accordance with subsection (4) and for a period or periods each not exceeding 12 hours—

    • (i) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

    • (ii) within the port referred to in subparagraph (i).

• (4) A person arrested and detained under subsection (1) or (2) may be placed on a ship, railway train, road vehicle or aircraft about to leave the State by an immigration officer or a member of the Garda Síochána, and shall be deemed to be in lawful custody whilst so detained and until the ship, railway train, road vehicle or aircraft leaves the State.

• (5) The master of any ship and the person in charge of any railway train, road vehicle or aircraft bound for any place outside the State shall, if so required by an immigration officer or a member of the Garda Síochána, receive a person against whom a deportation order has been made and his or her dependants, if any, on board such ship, railway train, road vehicle or aircraft and afford him or her and his or her dependants proper accom-modation and maintenance during the journey.

• (6)

  • (a) Subsections (1) and (2) shall not apply to a person who is under the age of 18 years.

  • (b) If and for so long as the immigration officer or, as the case may be, the member of the Garda Síochána concerned has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of subsections (1) and (2) shall apply as if he or she had attained the age of 18 years.

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

• (7) Where a person detained under this section institutes court proceedings challenging the validity of the deportation order concerned, or of a decision by the Minister under section 3(11) in relation to the order, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more of the following conditions:

  • (a) that the person reside or remain in a particular district or place in the State;

  • (b) that he or she report to a specified Garda Síochána station or immigration officer at specified intervals;

  • (c) that he or she surrender any passport or travel document in his or her possession.

• (8)

  • (a) Subject to subsections (9) and (10), a person shall not be detained under this section for a period or periods exceeding 8 weeks in aggregate.

  • (b) The following periods shall be excluded in reckoning a period for the purpose of paragraph (a):

    • (i) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment;

    • (ii) any period spent by the person in a vehicle referred to in subsection (3)(b)(i) or on board a ship, railway train, road vehicle or aircraft pursuant to this section; and

    • (iii) if the person has instituted court proceedings challenging the validity of the deportation order concerned, or a decision by the Minister under section 3(11) in relation to the order, any period spent by the person in a place of detention

    between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving thereof and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

  • (c) Periods of detention of a person under this section may be aggregated for the purposes of paragraph (a) only where the person concerned has, between the expiry of the earliest occurring period and the commencement of the latest occurring period, not left the State.

• (9)

  • (a) This paragraph applies to a person against whom a deportation order is in force who—

    • (i) has previously been detained under this section, and

    • (ii) not having left the State since the expiry of the latest period of his or her detention referred to in subparagraph (i), is arrested and detained under subsection (1) or (2).

  • (b) Where the aggregate of the period or periods of his or her detention referred to in paragraph (a)(i) and the period of his or her detention referred to in paragraph (a)(ii) is 8 weeks, a person to whom paragraph (a) applies shall continue to be detained under this section only with the leave of a judge of the District Court.

  • (c) Where the detention of a person is authorised under paragraph (b), the period of his or her detention referred to in paragraph (a)(i) shall be excluded in reckoning, for the purposes of subsection (8)(a), the period of his or her detention referred to in para-graph (a)(ii).

• (10)

  • (a) Paragraph (b) shall apply to the arrest and detention under this section of a person who has previously been detained under this section, where the period, or the aggregate of the periods, of the previous detention is 8 weeks or more.

  • (b) Where a person to whom paragraph (a) applies is arrested and detained under subsection (1) or (2) —

    • (i) he or she shall, as soon as practicable, be brought before a judge of the District Court, and

    • (ii) he or she shall continue to be detained under this section only with the leave of a judge of the District Court.

• (11) For the purposes of arresting a person under subsection (1) or (2), the immigration officer or member of An 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 the member, with reasonable cause, suspects that person to be, and where the premises is a dwelling, the immigration officer or the member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or the member to be in charge of the dwelling, enter that dwelling unless—

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

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

79. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000

79. Section 5 of the Illegal Immigrants (Trafficking) Act 2000 is amended—

• (a) in subsection (1) —

• (i) in paragraph (o), by the substitution of “(S.I. No. 426 of 2013),” for “(S.I. No. 426 of 2013), or”, and

• (ii) by the insertion of the following after paragraph (o):

• “(oa) a recommendation of an international protection officer under section 21(3) of the International Protection Act 2015,

• (ob) a decision of the International Protection Appeals Tribunal under section 21(9)(a) of the International Protection Act 2015,

• (oc) a determination of the Minister under section 21(11) of the International Protection Act 2015,

• (od) a recommendation of an international protection officer under section 22(5) of the International Protection Act 2015,

• (oe) a decision of the International Protection Appeals Tribunal under section 22(11)(a) of the International Protection Act 2015,

• (of) a refusal by the Minister under section 22(15) of the International Protection Act 2015,

• (og) a recommendation of an international protection officer under paragraph (b) or (c) of section 39(3) of the International Protection Act 2015,

• (oh) a decision of the International Protection Appeals Tribunal under subsection (2) or (3) of section 46 of the International Protection Act 2015,

• (oi) a decision of the Minister under section 49(4)(b) of the International Protection Act 2015,

• (oj) a deportation order under section 51 of the International Protection Act 2015, or”,

and

• (b) in subsection (9)(c) —

• (i) by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in section 2 of the International Protection Act 2015;”,

and

• (ii) by the insertion of the following after subparagraph (v) of the definition of “relevant enactment”:

• “(va) the International Protection Act 2015,”.

80. Amendment of section 5 of Immigration Act 2003

80. Section 5 of the Immigration Act 2003 is amended by the substitution of the following for subsection (2)(a):

• “(2)

  • (a) Subject to paragraph (b), a person to whom this section applies may be arrested without warrant by an immigration officer or a member of the Garda Síochána, and a person so arrested may be taken to a place referred to in subparagraph (i) or (ii) and detained—

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

    • (ii) for the purposes of subsection (6) and for a period or periods each not exceeding 12 hours—

      • (I) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

      • (II) within the port referred to in clause (I).”.

81. Amendment of Immigration Act 2004

81. The Immigration Act 2004 is amended—

• (a) in section 3, by the insertion of the following after subsection (6):

• “(7) The terms and conditions referred to in subsection (1) may include terms and conditions relating to the period for which a person appointed under this section shall hold office.

• (8) An immigration officer appointed under subsection (1) shall be furnished with a warrant of appointment and shall, when performing any function conferred on him or her by this Act, if requested by a person affected, produce the warrant of appointment or a copy of it to that person.”,

• (b) in section 4(3), by the insertion of the following after paragraph (k):

• “(l) that the non-national—

• (i) is a person to whom leave to enter or leave to remain in a territory (other than the State) of the Common Travel Area (within the meaning of the International Protection Act 2015) applied at any time during the period of 12 months immediately preceding his or her application, in accordance with subsection (2), for a permission,

• (ii) travelled to the State from any such territory, and

• (iii) entered the State for the purpose of extending his or her stay in the said Common Travel Area regardless of whether or not the person intends to make an application for international protection.”,

• (c) in section 5(1), by the substitution of “given to him or her” for “given under this Act”, and

• (d) in section 6, by—

• (i) the deletion of subsection (2), and

• (ii) the insertion of the following after subsection (4):

• “(5) The Minister may by order designate a port to be an approved port for the purposes of this section and a reference in this section to an approved port is a reference to a port that stands designated under this subsection.

• (6) The designation under subsection (5) of a port as an approved port may be subject to such conditions as are specified in the order, which may include conditions obliging the person having the management and control of the approved port to—

  • (a) provide, free of charge, such accommodation and other facilities as the Minister may require for the performance by persons of functions conferred on them by this Act and any other enactment relating to the entry by persons into the State, and

  • (b) maintain the accommodation and other facilities in a manner that is compatible with the efficient performance of those functions.

• (7) Before deciding to impose a condition under subsection (6), the Minister shall consult the person referred to in that subsection.

• (8) Where the Minister is satisfied that a condition imposed under subsection (6) has, without reasonable cause, been breached, he or she may, in accord-ance with this section, revoke the designation under subsection (5) of the port concerned as an approved port.

• (9) Where the Minister proposes to revoke the designation of a port as an approved port, he or she shall give the person having management and control of the approved port a notice—

  • (a) informing the person of the proposal and of the reasons for it, and

  • (b) inviting the person to submit, within such time as is specified in the notice, representations in relation to the proposal.

• (10) The Minister, in deciding whether to revoke a designation, shall have regard to representations (if any) made under subsection (9)(b).

• (11) Where the Minister revokes a designation under this section, the person having management and control of the port concerned may appeal to the District Court in the District Court district in which the port is located, against the revocation.

• (12) A person who operates a port or other place that is not an approved port shall be guilty of an offence if he or she—

  • (a) represents the port or other place to be an approved port,

  • (b) knowingly facilitates the landing in the State at that port or other place by another person so that the other person thereby commits an offence under subsection (4), or

  • (c) knowing that another person has committed an offence under subsection (4) at that port or other place, fails to report the circumstances to an immigration officer.”.

SCHEDULE 1

Text of 1951 Convention relating to the Status of Refugees

Section 2

CONVENTION RELATING TO THE STATUS OF REFUGEES DONE AT GENEVA ON 28 JULY 1951

PREAMBLE

THE HIGH CONTRACTING PARTIES,

Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy funda-mental rights and freedoms without discrimination,

Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,

Considering that it is desirable to revise and consolidate previous interna-tional agreements relating to the status of refugees and to extend the scope of and protection accorded by such instruments by means of a new agree-ment,

Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,

Expressing the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,

Noting that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of Refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,

Have agreed as follows:

Chapter I GENERAL PROVISIONS

Article 1

Definition of the term “Refugee”

A. For the purposes of the present Convention, the term “refugee” shall apply to any person who:

• (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;

Decisions of non-eligibility taken by the International Refugee Organ-ization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;

• (2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.

B. (1) For the purposes of this Convention, the words “events occurring before 1 January 1951” in Article 1, Section A, shall be understood to mean either:

• (a) “events occurring in Europe before 1 January 1951”; or

• (b) “events occurring in Europe or elsewhere before 1 January 1951”, and each Contracting State shall make a declaration at the time of signature, ratification or accession, specifying which of these meanings it applies for the purpose of its obligations under this Convention.

• (2) Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations.

C. This Convention shall cease to apply to any person falling under the terms of Section A if:

• (1) He has voluntarily re-availed himself of the protection of the country of his nationality; or

• (2) Having lost his nationality, he has voluntarily re-acquired it; or

• (3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

• (4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or

• (5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;

Provided that this paragraph shall not apply to a refugee failing under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;

• (6) Being a person who has no nationality he is, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;

Provided that this paragraph shall not apply to a refugee falling under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.

D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.

When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

• (a) he 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;

• (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

• (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.

Article 2

General obligations

Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

Article 3

Non-discrimination

The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.

Article 4

Religion

The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.

Article 5

Rights granted apart from this Convention

Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention.

Article 6

The term “in the same circumstances”

For the purpose of this Convention, the term “in the same circumstances” implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.

Article 7

Exemption from reciprocity

Article 8

Exemption from exceptional measures

With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees.

Article 9

Provisional measures

Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.

Article 10

Continuity of residence

Article 11

Refugee seamen

In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.

Chapter II JURIDICAL STATUS

Article 12

Personal status

Article 13

Movable and immovable property

The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.

Article 14

Artistic rights and industrial property

In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has habitual residence.

Article 15

Right of association

As regards non-political and non-profit-making associations and trade unions the Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.

Article 16

Access to courts

Chapter III GAINFUL EMPLOYMENT

Article 17

Wage-earning employment

• (a) He has completed three years' residence in the country;

• (b) He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefits of this provision if he has abandoned his spouse;

• (c) He has one or more children possessing the nationality of the country of residence.

Article 18

Self-employment

The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.

Article 19

Liberal professions

Chapter IV WELFARE

Article 20

Rationing

Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.

Article 21

Housing

As regards housing, the Contracting States, in so far as the matter is regu-lated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

Article 22

Public education

Article 23

Public relief

The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.

Article 24

Labour legislation and social security

• (a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remunera-tion, including family allowances where these form part of remuner-ation, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, appren-ticeship and training, women's work and the work of young persons, and the enjoyment of the benefit of collective bargaining;

• (b) Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:

• (i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;

• (ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.

Chapter V ADMINISTRATIVE MEASURES

Article 25

Administrative assistance

Article 26

Freedom of movement

Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.

Article 27

Identity papers

The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.

Article 28

Travel documents

Article 29

Fiscal charges

Article 30

Transfer of assets