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International Protection Act 2015

2 versions · 2015-12-30

2026-03-02

IE-2015-act-66 — consolidated version 2026-03-02

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Changes on 2026-03-02

@@ -1,5 +1,3 @@

# International Protection Act 2015

## PART 1 Preliminary

##### 1. **Short title and commencement**

@@ -62,13 +60,13 @@

(f) a travel document or an identity document;

“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013[^4]

“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013^4

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

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

“European Asylum Support Office” means the European Asylum Support Office established by Regulation (EU) No. 439/2010 of the European Parliament and of the Council of 19 May 2010[^5];

“European Asylum Support Office” means the European Asylum Support Office established by Regulation (EU) No. 439/2010 of the European Parliament and of the Council of 19 May 2010^5;

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

@@ -136,8 +134,12 @@

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

F1["return order" has the meaning assigned to it by*section 51A*;]

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

F1["safe third country" means a country that has been designated under*section 72A*as a safe third country;]

“serious harm” means—

(a) death penalty or execution,

@@ -198,13 +200,33 @@

##### 5. **Service of documents**

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

**5.** F2[(1)] A notice or other document that is required or authorised by or under this Act to be served on or given to a person shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

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

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

F2[(d) by sending it to the person by electronic means in accordance with*subsection (2)*, in a case in which the person has given notice in writing to the Minister, to a registration officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.]

F2[(2) For the purposes of*F4[subsection (1)(d)*, a notice or other document]is sent to a person by electronic means in accordance with this subsection—

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

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

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

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

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

(4) In this section—

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

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

##### 6. **Repeals and revocations**

@@ -446,7 +468,7 @@

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

(b) not seek, enter or be in employment or engage for gain in any business, trade or profession,

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

@@ -474,6 +496,8 @@

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

F6[(1A) A certificate shall be given to the applicant within 3 working days of the date on which he or she makes an application for international protection in accordance with*section 15*, or such an application is made or deemed to have been made, on his or her behalf.]

(2) A certificate shall contain—

(a) the name of the applicant,

@@ -514,7 +538,7 @@

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

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

(a) for the purpose of establishing the identity of a person for any purpose of this Act, take or cause to be taken the fingerprints of F7[an applicant,]

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

@@ -522,7 +546,9 @@

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

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

(iii) not having permission, under any enactment or rule of law, to be present or remain in the State, has been F7[found in the State, or]

F8[(c) for the purpose of establishing whether the circumstances referred to in*section 21(2)(b)*or*(c)*apply in relation to the person, take or cause to be taken the fingerprints of a person who is the subject of an application for international protection.]

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

@@ -650,6 +676,16 @@

(a) consult a legal representative,

F9[(aa) seek legal assistance and legal representation,

(ab) be informed of—

(i) his or her entitlement referred to in*paragraph (aa)*, and

(ii) his or her right to make a complaint under Article 40.4.2 of the Constitution and the procedures for doing so,

(ac) be given a copy of the warrant under which he or she is being detained,]

(b) have notification of his or her detention, the place of his or her detention and every change in that place sent to the High Commissioner and to another person reasonably nominated by the detained person for that purpose, and

(c) the assistance of an interpreter for the purpose of consultation with a legal representative under *paragraph (a)* and for the purpose of any appearance before a court under this section.

@@ -684,13 +720,17 @@

##### 21. **Inadmissible application**

**21.** (1) A person may not make an application for international protection where the application is, under *subsection (2)*, inadmissible.

**21.** (1) F11[Subject to*subsection (1A)*, a person] may not make an application for international protection where the application is, under *subsection (2)*, inadmissible.

F12[(1A)*Subsection (1)*shall not apply to a person who is deemed under*section 50A(4)*or*51C(5)*, as the case may be, to have made an application for international protection in accordance with*section 15*.]

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

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

(b) a country other than a Member State is, in accordance with *subsection (15)*, a first country of asylum for the person.

(b) a country other than a Member State is, in accordance with *subsection (15)*, a first country of asylum for F11[person;]

F12[(c) the person arrived in the State from a safe third country that is, in accordance with*subsection (17)*, a safe country for the person.]

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

@@ -768,7 +808,29 @@

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

(16) In this section, “refugee status” and “subsidiary protection status” shall be construed in accordance with Article 2 of Council Directive 2004/83/EC[^2].

(16) In *F13[subsection (2)(a)]*, “refugee status” and “subsidiary protection status” shall be construed in accordance with Article 2 of Council Directive 2004/83/EC^2.

F12[(17) For the purposes of this section, a safe third country is a safe country for a person if he or she—

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

(b) will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment orF13[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,]

F14[(d) has the possibility in the country concerned to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.]

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

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

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

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

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

F14[(19) In*subsection (17)(d)*, "refugee status" means the recognition by the country concerned of a third country national or stateless person as a refugee.]

##### 22. **Subsequent application**

@@ -932,7 +994,7 @@

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

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

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

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

@@ -1224,7 +1286,7 @@

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

##### 36. **Applicants to whom *section 15(4)* applies**

##### 36. **Applicants to whom section 15(4) applies**

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

@@ -1730,9 +1792,47 @@

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

##### 50A. **F16[Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)**

**50A.**F17[(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,

(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 *section 50*, the Minister shall make an order under this section (“deportation order”) in relation to a person where the Minister—

**51.** (1) Subject to *F18[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 subsidiary protection to the person, and

@@ -1740,6 +1840,20 @@

F19[(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.

(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.

@@ -1754,6 +1868,132 @@

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

##### 51A. **F20[Return order**

**51A.**(1) Subject to*F21[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.

F22[(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.

(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.

(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. **F23[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

(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. **F24[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 international 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.** (1) The Minister shall, in accordance with this section, revoke a refugee declaration given to a person if satisfied that—

@@ -1946,9 +2186,9 @@

##### 58. **Situation of vulnerable persons**

**58.** (1) In the application of *sections 53* to *57* due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.

(2) In the application of *sections 53* to *57* in relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.

**58.** (1) In the application of sections 53 to 57 due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.

(2) In the application of sections 53 to 57 in relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.

## PART 9 Programme Refugees and Temporary Protection

@@ -1956,7 +2196,7 @@

**59.** (1) In this section, and subject to *subsection (4)*, a “programme refugee” means a person to whom permission to enter and remain in the State for resettlement, or for temporary protection other than temporary protection provided for in *section 60*, has been given by the Government or the Minister and whose name is entered in a register established and maintained by the Minister, whether or not such person is a refugee within the meaning of the definition of “refugee” in *section 2*.

(2) During such period as he or she is entitled to remain in the State pursuant to permission given by the Government or the Minister referred to in *subsection (1)*, *sections 53* to *55* shall apply to a programme refugee as if the programme refugee is a qualified person with the modification that a permission given under *section 54* may be for a specified period of less than 3 years.

(2) During such period as he or she is entitled to remain in the State pursuant to permission given by the Government or the Minister referred to in *subsection (1)*, sections 53 to 55 shall apply to a programme refugee as if the programme refugee is a qualified person with the modification that a permission given under *section 54* may be for a specified period of less than 3 years.

(3) The Minister may, after consultation with the Minister for Foreign Affairs and Trade, enter into agreements with the High Commissioner for the reception and resettlement in the State of programme refugees.

@@ -1968,9 +2208,11 @@

**60.** (1) In this section—

F26["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 2001[^6] 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;

“Council Directive” means Council Directive 2001/55/EC of 20 July 2001^6 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.

@@ -2018,11 +2260,11 @@

(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)*, a displaced person to whom *subsection (2)* applies shall be entitled—

(10) Without prejudice to *subsection (8)*, F27[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,

(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and

F27[(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]

@@ -2054,6 +2296,12 @@

(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.

F26[(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

@@ -2088,7 +2336,19 @@

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

(2) The experience referred to in *subsection (1)* is not less than 5 years experience as a practising barrister or practising solicitor.

F28[(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.]

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

@@ -2106,9 +2366,13 @@

(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 3 years and such a member may be reappointed to the office for a second term not exceeding 3 years;

(d) the term of office of a member appointed in a part-time capacity shall be 3 years and such a member may be reappointed to the office for a second term not exceeding 3 years.

(c) the term of office of a member appointed in a whole-time capacity, other than the chairperson, shall be F29[5 years] and such a member may be reappointed to the office for a second term not exceeding F29[5 years];

(d) the term of office of a member appointed in a part-time capacity shall be F29[5 years] and such a member may be reappointed to the office for a second term not exceeding F29[5 years].

F30[(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.]

(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.

@@ -2160,6 +2424,16 @@

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)*.

F31[(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.

@@ -2360,7 +2634,7 @@

(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 section 17(7) 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

(ii) in the event that a notice under F32[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.

@@ -2486,6 +2760,44 @@

“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. **F33[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,

F34[(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 international 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,

(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—

@@ -2514,7 +2826,17 @@

(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 *section 16(3)*.

(j) whether the applicant has, without reasonable cause, failed to comply with the requirements of *paragraphs (a)*, *(c)* or *(d)* of *F35[section 16(3)*;]

F36[(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. **F37[Acceleration**

**73A.**(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, 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**

@@ -2548,7 +2870,7 @@

(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. **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.

@@ -2754,136 +3076,3 @@

(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 fundamental rights and freedoms without discrimination,

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

*Considering* that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and protection accorded by such instruments by means of a new agreement,

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

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

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

*Have agreed as follows:*

## **SCHEDULE 2** **Text of 1967 Protocol relating to the Status of Refugees**

*Section 2*

PROTOCOL RELATING TO THE STATUS OF REFUGEES DONE AT NEW YORK ON 31 JANUARY 1967

*The States Parties* to the present Protocol,

*Considering* that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before 1 January 1951,

*Considering* that new refugee situations have arisen since the Convention was adopted and that the refugees concerned may therefore not fall within the scope of the Convention,

*Considering* that it is desirable that equal status should be enjoyed by all refugees covered by the definition in the Convention irrespective of the dateline 1 January 1951,

*Have agreed as follows:*

*Article I*

*General provision*

1. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined.

2. For the purpose of the present Protocol, the term “refugee” shall, except as regards the application of paragraph 3 of this article, mean any person within the definition of article 1 of the Convention as if the words “As a result of events occurring before 1 January 1951 and...” and the words “... as a result of such events”, in article 1 A (2) were omitted.

3. The present Protocol shall be applied by the States Parties hereto without any geographic limitation, save that existing declarations made by States already Parties to the Convention in accordance with article 1 B (1)(a) of the Convention, shall, unless extended under article 1 B (2) thereof, apply also under the present Protocol.

*Article II*

*Co-operation of the national authorities with the United Nations*

1. The States Parties to the present Protocol undertake to co-operate with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it, in the exercise of its functions, and shall in particular facilitate its duty of supervising the application of the provisions of the present Protocol.

2. In order to enable the Office of the High Commissioner, or any other agency of the United Nations which may succeed it to make reports to the competent organs of the United Nations, the States Parties to the present Protocol undertake to provide them with the information and statistical data requested, in the appropriate form, concerning:

(a) The condition of refugees;

(b) The implementation of the present Protocol;

*Article III*

*Information on national legislation*

The States Parties to the present Protocol shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of the present Protocol.

*Article IV*

*Settlement of disputes*

Any dispute between States Parties to the present Protocol which relates to its interpretation or application and which cannot be settled by other means shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.

*Article V*

*Accession*

The present Protocol shall be open for accession on behalf of all States Parties to the Convention and of any other State Member of the United Nations or member of any of the specialised agencies or to which an invitation to accede may have been addressed by the General Assembly of the United Nations. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

*Article VI*

*Federal clause*

In the case of a Federal or non-unitary State, the following provisions shall apply:

(a) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of States Parties which are not Federal States;

(b) With respect to those articles of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the Federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;

(c) A Federal State Party to the present Protocol shall, at the request of any other State Party hereto transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention to be applied in accordance with article I, paragraph 1, of the present Protocol, showing the extent to which effect has been given to that provision by legislative or other action.

*Article VII*

*Reservations and Declarations*

1. At the time of accession, any State may make reservations in respect of article IV of the present Protocol and in respect of the application in accordance with article I of the present Protocol of any provisions of the Convention other than those contained in articles 1, 3, 4, 16 (1) and 33 thereof, provided that in the case of a State Party to the Convention reservations made under this article shall not extend to refugees in respect of whom the Convention applies.

2. Reservations made by States Parties to the Convention in accordance with article 42 thereof shall, unless withdrawn, be applicable in relation to their obligations under the present Protocol.

3. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw such reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

4. Declarations made under article 40, paragraphs 1 and 2, of the Convention by a State Party thereto which accedes to the present Protocol shall be deemed to apply in respect of the present Protocol, unless upon accession a notification to the contrary is addressed by the State Party concerned to the Secretary-General of the United Nations. The provisions of article 40, paragraphs 2 and 3, and of article 44, paragraph 3, of the Convention shall be deemed to apply mutatis mutandis to the present Protocol.

*Article VIII*

*Entry into force*

1. The present Protocol shall come into force on the day of deposit of the sixth instrument of accession.

2. For each State acceding to the Protocol after the deposit of the sixth instrument of accession, the Protocol shall come into force on the date of deposit by such State of its instrument of accession.

*Article IX*

*Denunciation*

1. Any State Party hereto may denounce this Protocol at any time by a notification addressed to the Secretary-General of the United Nations.

2. Such denunciation shall take effect for the State Party concerned one year from the date on which it is received by the Secretary-General of the United Nations.

*Article X*

*Notifications by the Secretary-General of the United Nations*

The Secretary-General of the United Nations shall inform the States referred to in article V above of the date of entry into force, accessions, reservations and withdrawals of reservations to and denunciations of the present Protocol, and of declarations and notifications relating hereto.

*Article XI*

*Deposit in the Archives of the Secretariat of the United Nations*

A copy of the present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, signed by the President of the General Assembly and by the Secretary-General of the United Nations, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General will transmit certified copies thereof to all States Members of the United Nations and to the other States referred to in article V above.

2015-12-30

International Protection Act 2015

original version Text at this date