INTERNATIONAL PROTECTION ACT 2026

An Act to provide for the entry into, and presence in, the State of persons seeking international protection, while having regard also to the power of the Executive in relation to these matters; to give effect to Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024¹ laying down standards for the reception of applicants for international protection (recast); to give further effect to Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024² on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted; to give further effect to Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024³ establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU; to give further effect to Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024⁴ establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147; to give further effect to Council Directive 2001/55/EC of 20 July 2001⁵ on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof; to give further effect to Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024⁶ on asylum and migration management; to give further effect to Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024⁷ on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes; to give further effect to Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024⁸ addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147; to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967; to provide for the gathering of information from applicants for international protection; to provide for permission to enter and reside for family members of beneficiaries of international protection; to provide for the removal from the State of certain persons; to provide for the establishment of a body to be known as An Binse um Achomhairc i dtaobh Tearmainn agus Filleadh or, in the English language, as the Tribunal for Asylum and Returns Appeals and to provide for its functions; to provide for the establishment of a body to be known as Oifig an Phríomh Chigire Nósanna Imeachta Teorann um Thearmann or, in the English language, as the Office of the Chief Inspector of Asylum Border Procedures and to provide for its functions; to amend, or repeal certain provisions of, the International Protection Act 2015; to amend the Irish Nationality and Citizenship Act 1956, the Child Care Act 1991, the Civil Legal Aid Act 1995, the Immigration Act 1999, the Illegal Immigrants (Trafficking) Act 2000, the Immigration Act 2004, the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, the Children First Act 2015 and certain other enactments; and to provide for related matters.

[22nd April, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

Chapter 1 Preliminary and general

1. Short title and commencement

1. (1) This Act may be cited as the International Protection Act 2026.

• (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different enactments or provisions of enactments effected by section 5.

• (3) A power under this section to appoint a day on which a Part (or a provision thereof) shall come into operation, whether generally or otherwise, includes a power to appoint a particular time, on a particular day, at which the Part (or provision thereof) shall come into operation, whether generally or otherwise, and, accordingly, where a time is so appointed, the Part concerned (or provision thereof) shall come into operation at that time, whether generally or otherwise.

2. Interpretation

2. (1) In this Act—

“absconding” means the action by which an applicant does not remain available to the competent administrative or judicial authorities of a Member State, such as by leaving the territory of the state without permission from the competent authorities, for reasons which are not beyond the applicant’s control;

“Act of 1995” means the Civil Legal Aid Act 1995;

“Act of 1996” means the Refugee Act 1996;

“Act of 1999” means the Immigration Act 1999;

“Act of 2004” means the Immigration Act 2004;

“Act of 2014” means the Companies Act 2014;

“Act of 2015” means the International Protection Act 2015;

“Act of 2018” means the Data Protection Act 2018;

“actors of persecution or serious harm” shall be construed in accordance with Article 6 of the Qualification Regulation;

“adequate capacity” means the adequate capacity of the State calculated by the European Commission in accordance with the Asylum Procedures Regulation;

“admissibility interview” has the meaning given to it by section 157(4);

“adult” means a person who has attained the age of 18 years;

“age assessment” has the meaning given to it by section 55(1);

“applicant”, other than in Part 14 and section 278, means a third-country national or stateless person who—

• (a) has made an application for international protection in accordance with Chapter 1 of Part 3 or on whose behalf such an application has been, or is deemed to have been, made in accordance with that Chapter, and

• (b) has not had a final decision taken on his or her application;

“applicant in need of special procedural guarantees” means an applicant whose ability to benefit from the rights and comply with the obligations provided for in the Asylum Procedures Regulation and this Act is limited due to individual circumstances, such as specific vulnerabilities;

“application” (other than in the definition of “previous application”) means a request for international protection made in accordance with Chapter 1 of Part 3;

“Asylum Agency” means the European Union Agency for Asylum established by the European Union Agency for Asylum Regulation;

“Asylum and Migration Management Regulation” means Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024⁹ on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013;

“Asylum Procedures Regulation” means Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024¹⁰ establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU, as amended by Regulation (EU) 2026/463 of the European Parliament and of the Council of 24 February 2026¹¹ and Regulation (EU) 2026/464 of the European Parliament and of the Council of 24 February 2026¹²;

“beneficiary of international protection” means a person who has been granted refugee status or subsidiary protection status;

“biometric data” means fingerprint data and facial image data;

“Chief Appeals Officer” means the person appointed by the Government under section 244(5) to be the Chief Appeals Officer of the Tribunal;

“Chief Inspector” has the meaning given to it by section 259;

“civil partner” means a person in a civil partnership or legal relationship to which section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies;

“country of origin” has the meaning it has in the Qualification Regulation;

“cultural mediator” means a person tasked with assisting applicants at specified points in the procedures under this Act by—

• (a) providing information to applicants,

• (b) supporting applicants, including in communication with officers of the Minister, and

• (c) completing such other tasks as may be necessary;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹³ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“deportation order” shall be construed in accordance with section 3 of the Act of 1999;

“Determining Authority” means the Minister as designated under section 7;

“Directive 2008/115/EC” means Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008¹⁴ on common standards and procedures in Member States for returning illegally staying third-country nationals;

“document” includes—

• (a) any written matter,

• (b) any photograph,

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

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

• (e) any audio or video recording, and

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

“enactment” has the meaning it has in the Interpretation Act 2005;

“EU acts” means acts adopted by the institutions of the European Union for the purposes of managing migration and establishing a common asylum system at EU level and includes the Asylum and Migration Management Regulation, the Asylum Procedures Regulation, the Eurodac Regulation, the Qualification Regulation and the Reception Conditions Directive;

“Eurodac” means the system known as “Eurodac” established under Article 1 of the Eurodac Regulation;

“Eurodac Regulation” means Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024¹⁵ on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council;

“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;

“European Union Agency for Asylum Regulation” means Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021¹⁶ on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010;

“facial image data” means digital images of the face with sufficient image resolution and quality to be used in automatic biometric matching;

“final decision” has the meaning it has in the Asylum Procedures Regulation;

“fingerprint data” means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present, or a latent fingerprint;

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

“High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner;

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

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

“information”, other than in section 284, includes—

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

• (b) personal information, including biometric data;

“International Criminal Court” means the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on 17 July 1998;

“international protection” means refugee status or subsidiary protection status;

“international protection guardian” has the meaning that “guardian” has in the Qualification Regulation;

“international tribunal” has the meaning it has in the International War Crimes Tribunals Act 1998;

“legal counselling” means any guidance, information or assistance given to an applicant on matters relating to the application procedure by a person appointed under section 11B(1) of the Act of 1995 to provide legal counselling and shall include:

• (a) guidance on, and explanation of, the procedure in respect of an application, including information on the rights and obligations of the applicant during that procedure;

• (b) assistance with the lodging of an application;

• (c) guidance on:

• (i) the different procedures under which an application may be examined and the reasons for the use of those procedures;

• (ii) the rules related to the admissibility of an application;

• (iii) legal issues arising in the course of the procedure under which the application is examined, including information on how to make an appeal (within the meaning of Part 8 or section 140, as the case may be);

• (iv) guidance on and explanation of the criteria and procedure for determining the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation, including information on rights and obligations during all stages of that procedure;

• (v) guidance on and assistance with providing information that could help determine the Member State responsible in accordance with the criteria set out in Chapter II of Part III of the Asylum and Migration Management Regulation;

• (vi) guidance and assistance on the template referred to in Article 22(1) of the Asylum and Migration Management Regulation;

“legal representative” shall be construed in accordance with section 28;

“Member State responsible” means the Member State responsible for the examination of an international protection application in accordance with the Asylum and Migration Management Regulation;

“Minister” means the Minister for Justice, Home Affairs and Migration;

“minor” means a third-country national or stateless person under the age of 18 years;

“persecution” shall be construed in accordance with Article 9 of the Qualification Regulation;

“person eligible for subsidiary protection” means a person—

• (a) who is not a national of a Member State,

• (b) who does not qualify as a refugee,

• (c) in respect of whom substantial grounds have been shown for believing that he or she, if returned to his or her country of origin, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country, and

• (d) who is not excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation;

“personal data” means personal data as defined in Article 4 of the Data Protection Regulation;

“personal interview” means an admissibility interview or a substantive interview;

“port” has the meaning it has in the Act of 2004;

“practising barrister” has the meaning it has in the Legal Services Regulation Act 2015;

“practising solicitor” has the meaning it has in the Legal Services Regulation Act 2015;

“prescribed” means prescribed by regulations;

“previous application” means—

• (a) an application by a person made in accordance with Chapter 1 of Part 3 in respect of which a final decision has been taken, including where an application has been rejected as explicitly or implicitly withdrawn,

• (b) an application by a person in another Member State in respect of which a final decision has been taken, including where an application has been rejected as explicitly or implicitly withdrawn,

• (c) an application by a person under section 15 of the Act of 2015, in respect of which the Minister has refused to give a refugee declaration or a subsidiary protection declaration,

• (d) an application by a person under section 8 of the Act of 1996 in respect of which the Minister has refused to give a refugee declaration,

• (e) an application by a person under Regulation 3 of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013) in respect of which the Minister has refused to give a subsidiary protection declaration, or

• (f) an application by a person under Regulation 4 of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) in respect of which the Minister has determined that the person is not a person eligible for subsidiary protection;

“prison” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes—

• (a) a place provided under section 2 of the Prisons Act 1970, and

• (b) a place specified under section 3 of the Prisons Act 1972;

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

“provisional representative person”, in relation to an unaccompanied minor, means an individual designated under section 46(1)(a) or section 47(1) to be a provisional representative person in respect of that minor;

“Qualification Regulation” means Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024¹⁷ on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council;

“real risk of suffering serious harm” shall be construed in accordance with Article 5 of the Qualification Regulation;

“Reception Conditions Directive” means Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024¹⁸ laying down standards for the reception of applicants for international protection (recast);

“refugee” means—

• (a) a person who is—

• (i) a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or

• (ii) a stateless person who, being outside of the country of former habitual residence for the same reasons as referred to in subparagraph (i), is unable or, owing to such fear, is unwilling to return to that country,

and

• (b) who is not excluded from being a refugee in accordance with Article 12 of the Qualification Regulation;

“refugee status” means the recognition by the State of a third-country national or a stateless person as a refugee;

“registered medical practitioner” has the meaning it has in the Medical Practitioners Act 2007;

“representative person”, in relation to an unaccompanied minor, means an individual appointed under section 46(1)(b) or section 47(2) to be a representative person in respect of that minor;

“request to remain”, other than in Part 6, has the meaning given to it by section 189(1);

“safe country of origin” means—

• (a) a country that has been designated by the Minister under section 279 as a safe country of origin, or

• (b) a country that has been designated at European Union level in accordance with the Asylum Procedures Regulation as a safe country of origin;

“safe third country” means—

• (a) a country that has been designated by the Minister under section 280 as a safe third country,

• (b) a country that has been designated at European Union level in accordance with the Asylum Procedures Regulation as a safe third country, or

• (c) a country, other than a Member State or a country to which paragraph (a) or (b) applies, that is safe for a specific applicant provided that the conditions in section 280(3) are met with regard to the applicant;

“Screening Regulation” means Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024¹⁹ introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817;

“section 156 notification” has the meaning given to it by section 156(1);

“serious harm” has the meaning it has in Article 15 of the Qualification Regulation;

“Service” means the Public Appointments Service;

“staff of the Determining Authority” includes persons with whom the Minister or the Determining Authority has entered into a contract for services under section 277;

“stateless person” has the meaning it has in the Asylum Procedures Regulation;

“subsequent application” means an application by a person who has made a previous application;

“subsidiary protection status” means the recognition by the State of a third-country national or a stateless person as a person eligible for subsidiary protection;

“substantive interview” has the meaning given to it by section 164(3);

“Tribunal” means the body established under section 242;

“unaccompanied minor” means—

• (a) a minor who arrives in the State unaccompanied by an adult responsible for him or her and for as long as that minor is not effectively taken into the care of such an adult, or

• (b) a minor who arrives in the State and, after such arrival, is left unaccompanied by an adult responsible for him or her, and for as long as that minor is not effectively taken into the care of such an adult;

“Union Resettlement and Humanitarian Admission Framework Regulation” means Regulation (EU) 2024/1350 of the European Parliament and of the Council of 14 May 2024²⁰ establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147;

“well-founded fear of being persecuted” shall be construed in accordance with Article 5 of the Qualification Regulation;

“withdrawal of international protection” means a decision by the Minister—

• (a) to withdraw refugee status in accordance with section 214(1), or

• (b) to withdraw subsidiary protection status in accordance with section 214(2).

• (2) For the purposes of this Act, Article 73 of the Asylum Procedures Regulation shall apply to the calculation of any period of time referred to in or under this Act.

3. Regulations and orders

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

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

• (3) A regulation or order under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation or order.

• (4) Every regulation or order, other than an order made under section 1(2), 18, 43, 91, 239(1), 239(5), 241 or 258, made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order, as the case may be, is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order concerned shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Service of documents

4. (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 65(2)(b) 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 65(2)(b) or, in a case in which an address for service has been furnished, at that address;

• (d) by sending it to the person by electronic means in accordance with subsection (2).

• (2) For the purposes of subsection (1)(d), a notice or other document shall be sent to a person—

• (a) to the email address most recently furnished by him or her to the Minister under section 65(2)(b), or, in a case in which an email address for service has been furnished, to that email address, or

• (b) in a case in which the person is registered on an electronic interface, by sending a notification—

• (i) to the email address most recently furnished by him or her to the Minister under section 65(2)(b), or, in a case in which an email address for service has been furnished, to that email address, or

• (ii) to the telephone number most recently furnished by him or her to the Minister under section 65(2)(b), or, in a case in which a telephone number for service has been furnished, to that telephone number,

informing the person that the notice or document has been left on the 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 that subsection, 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 that subsection, 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.

5. Repeals

5. The following provisions of the Act of 2015 are repealed:

• (a) Part 2;

• (b) sections 15, 20, 22, 29, 30, 31, 52 and 59;

• (c) Part 8.

6. Expenses

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

Chapter 2 Designation of Determining Authority, conduct of examinations and application of certain concepts

7. Designation of Determining Authority

7. The Minister is designated as the Determining Authority for the purposes of Article 4 of the Asylum Procedures Regulation.

8. Examinations conducted in accordance with Qualification Regulation

8. For the purposes of this Act, examinations to determine whether a person qualifies as a refugee or is eligible for subsidiary protection shall be conducted by the Determining Authority and the Tribunal in accordance with the provisions of the Qualification Regulation.

9. Individual assessment of applicability of concept of first country of asylum

9. The concept of first country of asylum may only be applied provided that the applicant cannot provide elements justifying why the concept of first country of asylum is not applicable to him or her, in the framework of an individual assessment.

10. First country of asylum for unaccompanied minor

10. A third country may only be considered to be a first country of asylum for an unaccompanied minor where it is not contrary to his or her best interests and where the Minister has first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately benefit from effective protection as defined in Article 57 of the Asylum Procedures Regulation.

11. Application of concept of safe third country

11. (1) The concept of safe third country may be applied—

• (a) where a third country has been designated as a safe third country at European Union level or by order under section 280, and

• (b) in relation to a specific applicant where the country has not been designated as a safe third country at European Union level or by order under section 280, provided that the conditions set out in Article 59(1) of the Asylum Procedures Regulation are met with regard to that applicant.

• (2) The concept of safe third country may only be applied provided that—

• (a) the applicant cannot provide elements justifying why the concept of safe third country is not applicable to him or her, in the framework of an individual assessment, and

• (b) there is a connection between the applicant and the third country in question on the basis of which it would be reasonable for him or her to go to that country.

12. Safe third country for unaccompanied minor

12. A third country may only be considered to be a safe third country for an unaccompanied minor where it is not contrary to his or her best interests and where the Minister has first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she will immediately have access to effective protection as defined in Article 57 of the Asylum Procedures Regulation.

13. Application of concept of safe country of origin

13. The concept of a safe country of origin may only be applied provided that—

• (a) the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country,

• (b) the applicant does not belong to a category of persons for which an exception was made when designating the third country as a safe country of origin, and

• (c) the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment.

PART 2 Eurodac and Screening

Chapter 1 Eurodac

14. Definitions (Part 2) (Chapter 1)

14. In this Chapter—

“designated person” means a person designated by order under section 18;

“relevant person” means a member of An Garda Síochána, an immigration officer, an officer of the Minister or a designated person.

15. Taking of data and transmission of data to Eurodac

15. (1) A relevant person shall require a person referred to in Article 15(1), 20(1), 22(1), 23(1), 24(1) or 26(1) of the Eurodac Regulation to—

• (a) provide biometric data for the purposes referred to in Article 13(1) of that Regulation, and

• (b) provide the data required to be transmitted to Eurodac in accordance with Article 17, 21, 22, 23, 24 or 26 of that Regulation, as the case may be.

• (2) Where a person is required to provide biometric data or other data in accordance with subsection (1)—

• (a) the person shall comply with the requirement, and

• (b) a relevant person shall take the biometric data in accordance with the Eurodac Regulation.

• (3) Subject to Articles 13(5) and 14(2) of the Eurodac Regulation, where a person fails to comply with a requirement under subsection (1), the relevant person shall inform the person of—

• (a) the obligation to cooperate referred to in section 25,

• (b) the grounds for implicit withdrawal of an application under section 71, and

• (c) the obligations under Article 7 of the Asylum Procedures Regulation.

• (4) In taking biometric data under this section, the relevant person shall respect the dignity and physical integrity of the person from whom the biometric data is being taken.

• (5) A relevant person shall not take biometric data from a person who is under 6 years of age.

• (6) A relevant person shall consider a person to be under 6 years of age where—

• (a) the relevant person is uncertain as to whether or not the person is under 6 years of age, and

• (b) there is no supporting proof of the age of the person available to the relevant person.

• (7) A relevant person shall not take biometric data from a minor, other than in the presence of—

• (a) an adult family member of the minor, or

• (b) where the minor is an unaccompanied minor—

• (i) a provisional representative person or representative person, or

• (ii) an employee of, or other person appointed by, the Child and Family Agency, who is trained to safeguard the best interests and general wellbeing of the child.

• (8) A relevant person who is taking the biometric data of a minor shall—

• (a) before the taking of the biometric data, explain the procedure for the taking of the data to the minor,

• (b) take the biometric data in a child-friendly and child-sensitive manner, and

• (c) at the time of the taking of the biometric data, have completed appropriate training in relation to the taking of biometric data from minors.

• (9) For the purposes of this section and subject to the conclusion of any age assessment, a relevant person shall consider a person to be a minor where—

• (a) the relevant person is uncertain as to whether or not the person is under 18 years of age, and

• (b) there is no supporting proof of the person’s age available to the relevant person.

• (10) Where a minor refuses to comply with a requirement under subsection (1) and a relevant person considers that there are reasonable grounds for believing there are risks relating to safeguarding or protecting the minor, the relevant person shall notify the Child and Family Agency of that fact.

• (11) A relevant person shall transmit the biometric data and other data taken under this section to Eurodac in accordance with the Eurodac Regulation.

• (12) A relevant person shall provide a person referred to in Article 15(1), 20(1), 22(1), 23(1), 24(1) or 26(1) with the information referred to in Article 42 of the Eurodac Regulation in accordance with that Article.

• (13) In so far as it relates to Article 26 of the Eurodac Regulation, this section shall only apply and have effect on and after 12 June 2029.

16. Taking of data from person referred to in Article 18 of Eurodac Regulation

16. (1) The Minister may request the relevant authorities of another Member State, the European Union Agency for Asylum or another relevant international organisation to take and transmit to the Minister—

• (a) the biometric data of persons referred to in Article 18(1) or (2) of the Eurodac Regulation for the purposes referred to in Article 13(1) of the Eurodac Regulation, and

• (b) the data of such persons required to be transmitted to Eurodac in accordance with Article 19 of that Regulation.

• (2) Where the Minister informs a relevant person that a request is not being made under subsection (1) or that a request is made but the biometric data or other data is not taken and transmitted under subsection (1), a relevant person shall require a person referred to in Article 18(1) or (2) of the Eurodac Regulation to provide the biometric data or other data referred to in subsection (1) in accordance with Articles 18 and 19 of the Eurodac Regulation.

• (3) Where a person is required to provide biometric data or other data in accordance with subsection (2)—

• (a) the person shall comply with the requirement, and

• (b) a relevant person shall take the data or cause the data to be taken in accordance with the Eurodac Regulation.

• (4) Subsections (4) to (12) of section 15 shall apply to the taking of biometric data or other data under subsection (3) as those subsections apply to the taking of biometric data or other data under that section.

• (5) Where a person does not comply with a requirement under subsection (2), the relevant person shall inform the person of the consequences referred to in Article 7 of the Union Resettlement and Humanitarian Admission Framework Regulation.

17. Management of biometric data and other data

17. (1) The Minister shall maintain or cause to be maintained a record of biometric data taken under this Chapter.

• (2) The record of biometric data of a person referred to in subsection (1) shall—

• (a) be retained for the same period for which the biometric data of such a person may be stored in Eurodac in accordance with Article 29 of the Eurodac Regulation, and

• (b) be deleted, or caused to be deleted, by the Minister upon the expiry of the relevant period specified in that Article 29 or when the data is erased from Eurodac in accordance with Article 30 of the Eurodac Regulation.

• (3) An Garda Síochána is designated to be the designated authority in the State for the purpose of Article 5 of the Eurodac Regulation (in this section referred to as the “designated authority”).

• (4) The Minister shall keep a list of the operating units within the designated authority that are authorised to request comparisons with Eurodac data (within the meaning of the Eurodac Regulation) through the National Access Point designated in accordance with subsection (9).

• (5) Subject to subsection (6), the Minister may by order designate a unit within An Garda Síochána to be the verifying authority in the State for the purpose of Article 6 of the Eurodac Regulation (in this section referred to as the “verifying authority”).

• (6) The verifying authority shall—

• (a) be separate from the operating units within the designated authority referred to in subsection (4) and shall not be given instructions by the operating units as regards the outcome of the verification done by the verifying authority in accordance with the Eurodac Regulation, and

• (b) act independently of the designated authority in performing its functions under the Eurodac Regulation.

• (7) A relevant person shall, where necessary, update, erase or delete the data transmitted to Eurodac under this Chapter, in accordance with the Eurodac Regulation.

• (8) The Minister shall, as necessary—

• (a) erase data from Eurodac in accordance with Article 30 of the Eurodac Regulation, and

• (b) mark and unmark data in Eurodac in accordance with Article 31 of the Eurodac Regulation.

• (9) The Minister shall by order designate the National Access Point (within the meaning of the Eurodac Regulation) in the State for the purposes of the Eurodac Regulation and this section.

• (10) In so far as it relates to Article 26 of the Eurodac Regulation, this section shall only apply and have effect on and after 12 June 2029.

18. Designated person

18. The Minister may by order designate a person to be a designated person (in this Chapter referred to as a “designated person”) for the purposes of the performance of the functions of a designated person under this Chapter.

19. Offence of processing data in Eurodac contrary to Article 1 of Eurodac Regulation

19. (1) A person who engages in the processing of data recorded in Eurodac in a manner or for a purpose that is contrary to the purpose for which the information is recorded in Eurodac, as referred to in Article 1 of the Eurodac Regulation, shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

• (2) In subsection (1), “processing” has the same meaning as it has in Article 4(2) of the Data Protection Regulation.

Chapter 2 Screening

20. Definitions (Part 2) (Chapter 2)

20. In this Chapter—

“children detention school” has the meaning it has in the Children Act 2001;

“guardian”, in relation to a minor, includes a person exercising parental responsibility (within the meaning of paragraph 2 of Article 1 of the Hague Convention as set out in the Schedule to the Protection of Children (Hague Convention) Act 2000) in respect of the minor;

“healthcare professional” means—

• (a) a registered medical practitioner,

• (b) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011, or

• (c) a member of one or more than one of the following designated professions within the meaning of the Health and Social Care Professionals Act 2005, namely:

• (i) psychologist;

• (ii) social care worker;

• (iii) social worker;

• (iv) such other designated profession, within the meaning of section 3 of that Act, as the Minister, following consultation with the Minister for Health, may prescribe;

“qualified medical professional” means—

• (a) a registered medical practitioner,

• (b) a registered nurse or registered midwife within the meaning of the Nurses and Midwives Act 2011, or

• (c) a paramedic or advanced paramedic within the meaning of the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000) and the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);

“screening centre” means a premises designated to be a screening centre under section 21.

21. Designation of screening centre

21. (1) The Minister may designate a premises to be a screening centre where the Minister is satisfied that the premises is suitable to be so designated having regard to the purposes of this Part.

• (2) The Minister shall publish a notice of a designation, including the location of the premises designated and the date of the designation, on a website maintained by or on behalf of the Minister or the Government as soon as practicable after the designation.

22. Obligation to travel to screening centre

22. (1) Subject to subsections (4) and (6), an applicant who makes an application, or on whose behalf an application is made or deemed to have been made, under Chapter 1 of Part 3, at a place other than a screening centre, shall travel to a screening centre in accordance with a direction under subsection (2).

• (2) A member of An Garda Síochána, an immigration officer or an officer of the Minister may give a direction to an applicant referred to in subsection (1) and the applicant shall comply with the direction.

• (3) A direction under subsection (2) shall be in writing and given in a language the applicant understands or is reasonably supposed to understand and, where given to an applicant referred to in subsection (5), shall state the reason for the direction.

• (4) Subject to subsection (5), an applicant shall not be subject to the obligation referred to in subsection (1) where—

• (a) the applicant holds a valid registration certificate under section 9(4A) of the Act of 2004, or

• (b) the applicant is a minor exempted from the obligation to register under section 9(6)(a) of the Act of 2004 and the minor’s parent or guardian holds a valid registration certificate under that section 9(4A).

• (5) Where a member of An Garda Síochána, an immigration officer or an officer of the Minister has reasonable grounds for believing that it is in the interests of public policy or national security for an applicant to whom paragraph (a) or (b) of subsection (4) applies to be subject to the obligation referred to in subsection (1), the member or officer may give the applicant a direction referred to in subsection (2).

• (6) Where the Minister considers it appropriate, the Minister may exempt an applicant to whom one of the following paragraphs applies from the obligation referred to in subsection (1)—

• (a) an applicant serving a term of imprisonment in a prison,

• (b) an applicant detained in a children detention school,

• (c) an applicant—

• (i) in respect of whom a warrant has been issued under section 26 or 27 of the Extradition Act 1965,

• (ii) who is subject to committal under section 29 of that Act,

• (iii) who has consented to surrender or is committed under section 29A of that Act, or

• (iv) who is subject to surrender under section 33 or 33A of that Act,

• (d) an applicant in respect of whom a European arrest warrant (within the meaning of the European Arrest Warrant Act 2003) has been issued, or

• (e) an applicant considered by a registered medical practitioner to be incapable for medical reasons of travelling to a screening centre.

23. Alternative arrangements for screening of certain applicants

23. (1) Where section 22(4) or (6) applies to an applicant, the Minister may, where the Minister considers it necessary, make alternative arrangements to ensure that the procedures under this Part are carried out in respect of the applicant as soon as practicable.

• (2) Where alternative arrangements are made in respect of an applicant referred to in subsection (1), the Minister shall by notice in writing and in a language the applicant understands or is reasonably supposed to understand—

• (a) inform the applicant of the reason the obligation referred to in section 22(1) shall not apply to the applicant,

• (b) inform the applicant of the alternative arrangements,

• (c) require the applicant to comply with the alternative arrangements, and

• (d) inform the applicant of the consequences of failing to comply with the alternative arrangements.

• (3) Without prejudice to the generality of subsection (1), alternative arrangements may include a requirement made by the Minister that an applicant present to a screening centre at a time specified by the Minister or that the procedures referred to in subsection (1) be carried out at a location other than a screening centre.

24. Obligation to inform applicant

24. Where an applicant (other than an applicant referred to in section 22(6)(e)) refuses or fails to comply with a direction under section 22(2) or a requirement made for the purposes of alternative arrangements under section 23, a member of An Garda Síochána or an immigration officer shall inform the applicant of—

• (a) the obligations to cooperate referred to in section 25 and 67,

• (b) the grounds for implicit withdrawal of an application under section 71, and

• (c) the powers under Part 5.

25. Obligations of applicant under Part 2

25. An applicant shall—

• (a) cooperate fully with the Minister or any other person performing a function under this Part,

• (b) comply with any requirement or direction given under this Part,

• (c) where requested by an officer of the Minister, provide the officer with—

• (i) the applicant’s name, previously used names (if any), aliases (if any), date of birth, sex, and nationality,

• (ii) where necessary for the purposes of this Act, evidence of family relationships between the applicant and other persons, and

• (iii) any other information required in order for the Minister to complete the form referred to in section 33,

and

• (d) where available and requested by the Minister, provide the Minister with documents or information that prove any of the matters referred to in paragraph (c).

26. Provision of information to applicant

26. (1) The Minister shall inform the applicant concerned, as soon as practicable after the making of an application, and at the latest when the application is registered, of—

• (a) the time limits and stages of the procedure in respect of an application, including the procedures that may be carried out under this Part,

• (b) the rights of an applicant, in particular—

• (i) the right to lodge an application in accordance with section 40,

• (ii) the rights of the applicant under the Asylum and Migration Management Regulation,

• (iii) the right, for the purposes of his or her application, to legal counselling in accordance with section 27,

• (iv) the right, for the purposes of his or her application, to consult a legal representative in accordance with section 28(1), and

• (v) the right to apply for legal advice and legal aid in accordance with the Act of 1995,

• (c) the obligations of an applicant, including under this Part, sections 41 and 67, and the Asylum and Migration Management Regulation,

• (d) the means by which the applicant may fulfil the obligation to submit the elements of the application referred to in Article 4 of the Qualification Regulation and section 41,

• (e) the consequences under section 71 of non-compliance by the applicant with the applicant’s obligations,

• (f) the rights conferred on an applicant as a data subject under the Data Protection Regulation and the Act of 2018,

• (g) the process for voluntary return under section 213,

• (h) such provisions of this Act or any other enactment as the Minister considers to be relevant, in particular section 5(3) of the Act of 2004,

• (i) the matters referred to in Article 42 of the Asylum and Migration Management Regulation, and

• (j) the right of the applicant to arrange for a medical examination in accordance with Article 24(3) of the Asylum Procedures Regulation.

• (2) The information referred to in subsection (1) shall be given to the applicant in writing, in paper or electronic format, and, if the Minister considers necessary, orally, and in a language the applicant understands or is reasonably supposed to understand.

• (3) The Minister shall give an applicant the opportunity to confirm that the applicant has received the information referred to in subsection (1) and the Minister shall record the confirmation or refusal to confirm in the applicant’s file.

• (4) Where the Minister considers it appropriate, the Minister may permit a relevant and competent national or international organisation or body or non-governmental organisation or body to provide an applicant with further information relevant to the matters referred to in subsection (1).

27. Legal counselling

27. (1) An applicant may request legal counselling at any stage—

• (a) during the procedure in respect of an application and, without prejudice to subsection (2), until the Determining Authority has made a decision on his or her application, and

• (b) during the procedure to determine the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation.

• (2) Where an applicant makes a request under subsection (1)(a), legal counselling shall, subject to subsection (4), be provided to him or her as soon as practicable and in accordance with Article 16 of the Asylum Procedures Regulation.

• (3) Where an applicant makes a request under subsection (1)(b), legal counselling shall, subject to subsection (4), be provided to him or her as soon as practicable and in accordance with Article 21 of the Asylum and Migration Management Regulation.

• (4) The provision of legal counselling may be excluded where the applicant is already assisted by a legal representative.

• (5) Where an applicant has been provided with legal counselling in accordance with this section, or where legal counselling has been excluded in accordance with subsection (4), the Minister shall record such provision or exclusion in the applicant’s file.

28. Consultation with legal representative

28. (1) An applicant may consult a legal representative for the purpose of obtaining legal advice—

• (a) in respect of his or her application, at any stage during the procedure in respect of an application,

• (b) during the procedure to determine the Member State responsible in accordance with Part 6 and the Asylum and Migration Management Regulation in respect of the application of that procedure, and

• (c) in respect of an appeal within the meaning of Part 8 or an appeal under section 109, 140 or 215(1).

• (2) The functions of a legal representative under this Act shall be performed by a practising solicitor or a practising barrister.

• (3) In this section, “legal advice” shall be construed in accordance with the Legal Services Regulation Act 2015.

29. Preliminary health assessment

29. (1) Subject to subsections (2), (6) and (7), an applicant shall be subject to a preliminary assessment of the applicant’s health (in this section referred to as a “preliminary health assessment”) carried out by a qualified medical professional for the purposes of identifying whether the applicant—

• (a) requires urgent or acute medical care, or

• (b) has or may have an illness which may pose a threat to public health, including an infectious disease (within the meaning of the Health Act 1947).

• (2) An applicant shall not be subject to a preliminary health assessment where—

• (a) the applicant holds a valid registration certificate under section 9(4A) of the Act of 2004, or

• (b) the applicant is a minor exempted from the obligation to register under section 9(6)(a) of the Act of 2004 and the minor’s parent or guardian holds a valid registration certificate under that section 9(4A),

unless the applicant or, where the applicant is a minor, the applicant’s parent or guardian, requests that a preliminary health assessment be carried out.

• (3) Subject to subsection (4), a preliminary health assessment shall consist of one or more than one of the following, as considered appropriate by a qualified medical professional for the purposes referred to in subsection (1):

• (a) an interview with the applicant in relation to the applicant’s health and medical history;

• (b) an examination of the applicant by a qualified medical professional;

• (c) such medical tests as a qualified medical professional considers appropriate.

• (4) A preliminary health assessment shall be the least invasive possible for the purposes referred to in subsection (1).

• (5) A report of a qualified medical professional completed in respect of a preliminary health assessment conducted in respect of an applicant under this section shall—

• (a) be provided to the registered medical practitioner conducting the examination referred to in section 148 (if any),

• (b) be made available to the applicant as soon as practicable, and

• (c) be accessible to the Minister and, where applicable, the Tribunal.

• (6) An applicant may refuse to undergo a preliminary health assessment or, at any point during the conduct of the preliminary health assessment, request that the preliminary health assessment cease, and in either such case the preliminary health assessment shall not be carried out or shall cease unless a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection (1)(b).

• (7) In the case of an applicant who is a minor, the preliminary health assessment shall only be carried out with the consent of the minor’s parent, such other adult who has responsibility for the care and protection of the minor, a provisional representative person or a representative person, as the case may be and, where such consent is not provided, the preliminary health assessment shall only be carried out where a qualified medical professional believes, on reasonable grounds, that it is necessary for the purposes of subsection (1)(b).

• (8) Where subsection (6) applies or consent is not provided in accordance with subsection (7), the preliminary health assessment shall only be done in so far as is necessary for the purposes of subsection (1)(b).

• (9) An applicant shall be informed by an officer of the Minister or a qualified medical professional, prior to the conduct of a preliminary health assessment under this section, of—

• (a) the right to refuse to undergo a preliminary health assessment or to request that such an assessment cease in accordance with subsection (6), and

• (b) the fact that the report completed in respect of the preliminary health assessment shall—

• (i) be provided to the registered medical practitioner for the purposes of section 148, and

• (ii) be accessible to the Minister and, where applicable, the Tribunal.

• (10) The Minister for Health and the Health Service Executive shall provide the Minister with such assistance as is necessary for the purposes of this section.

• (11) A preliminary health assessment done in respect of an applicant under this section may be taken into account for the purposes of the applicant’s medical examination referred to in section 148.

30. Preliminary vulnerability assessment

30. (1) An officer or agent of the Minister referred to in subsection (2) shall carry out or cause to be carried out an assessment of an applicant (in this section referred to as a “preliminary vulnerability assessment”) for the purpose of identifying whether the applicant may—

• (a) be a stateless person,

• (b) be vulnerable or a victim of torture or other inhuman or degrading treatment,

• (c) have special reception needs within the meaning of Article 24 of the Reception Conditions Directive, or

• (d) require special procedural guarantees within the meaning of Article 21 of the Asylum Procedures Regulation.

• (2) A preliminary vulnerability assessment shall be carried out by officers or agents of the Minister who have received specialised training in the conduct of such assessments and the officers or agents of the Minister may be assisted in the conduct of such assessments by healthcare professionals who have received specialised training in the conduct of such assessments and with whom or in respect of whom the Minister has entered into a contract for services.

• (3) Subject to subsection (4) and section 33(1)(e), the results of the preliminary vulnerability assessment may be transmitted to the Determining Authority where the applicant so consents.

• (4) The Minister shall, when registering an application under section 39, include information on any first indications that the applicant may require special procedural guarantees in accordance with Article 20(2) of the Asylum Procedures Regulation in the applicant’s file and shall make that information available to the Determining Authority.

• (5) Where the Minister considers that the applicant requires special procedural guarantees referred to in subsection (1)(d), the Minister shall make arrangements to provide such guarantees in such form and manner as the Minister considers appropriate.

• (6) A preliminary vulnerability assessment and a preliminary health assessment under section 29 may, where appropriate, form part of, or the entirety of, the assessment under section 81 or Article 20 of the Asylum Procedures Regulation.

• (7) A preliminary vulnerability assessment may include an assessment as to whether a personal interview under section 151 would be in the best interests of an applicant who is a minor.

31. Guarantees for minors

31. (1) The best interests of the child shall be a primary consideration in the carrying out of procedures in respect of a minor under this Part.

• (2) Subject to subsection (3), an applicant who is a minor who is provided with information orally under section 26 or who is subject to the procedures under section 29 or 30 shall be accompanied by the minor’s parent, or such other adult who has responsibility for the care and protection of the minor, while being provided with that information or for the duration of those procedures, as the case may be.

• (3) The Minister shall, as soon as practicable, ensure that a provisional representative person, representative person or an employee of, or other person appointed by, the Child and Family Agency accompanies the minor while the minor is being provided with the information or for the duration of the procedures referred to in subsection (1), where—

• (a) the minor’s parent or such other adult who has responsibility for the care and protection of the minor cannot be contacted,

• (b) the minor’s parent or such other adult who has responsibility for the care and protection of the minor refuses to, or cannot, accompany the minor, or

• (c) the attendance of the minor’s parent or such other adult who has responsibility for the care and protection of the minor is not, on justified grounds, considered to be in the best interests of the minor by the Child and Family Agency.

• (4) For the purposes of subsection (3)(c), “justified grounds” includes but is not limited to circumstances where:

• (a) the minor is not receiving adequate care and protection;

• (b) the minor requests that a person other than the minor’s parent or such other adult who has responsibility for the care and protection of the minor attend.

32. Search of applicant

32. (1) An applicant shall, when required so to do by a member of An Garda Síochána, an immigration officer or an officer of the Minister, declare whether or not the applicant is carrying or conveying any documents and, if so required, shall produce the documents to the member or officer.

• (2) A member of An Garda Síochána, an immigration officer or an officer of the Minister may search an applicant and any luggage belonging to the applicant or under the applicant’s control with a view to ascertaining whether the applicant is carrying or conveying any documents where—

• (a) it is reasonably necessary to do so for reasons of national security,

• (b) it is necessary and duly justified to do so for the purpose of examining an application for international protection, including for the purpose of informing the applicant of the procedure under which the application shall be examined under Part 7 or for the purpose of verifying the identity or nationality of the applicant, or

• (c) the member or officer has a reasonable suspicion that one or more than one of the following offences is being committed or that the applicant may have evidence of or relating to such an offence in the applicant’s possession:

• (i) an offence under subsection (9), section 69(6) or 209;

• (ii) an offence under section 2, 4 or 5 of the Criminal Law (Human Trafficking) Act 2008;

• (iii) an offence under section 6, 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021.

• (3) A member of An Garda Síochána may examine and retain a document produced under subsection (1) or found during a search under subsection (2) for as long as the member reasonably believes it to be necessary for reasons of national security or reasonably believes it to be evidence of or relating to an offence referred to in subsection (2)(c).

• (4) An immigration officer or an officer of the Minister may examine a document produced under subsection (1) or found during a search under subsection (2) and shall, where the officer reasonably believes the document to relate to matters of national security or to be evidence of or relating to an offence referred to in subsection (2)(c), give the document to a member of An Garda Síochána as soon as practicable after it is produced or found and may retain the document only for so long as is necessary to give the document to the member.

• (5) A member of An Garda Síochána, an immigration officer or an officer of the Minister may examine and retain a document produced under subsection (1) or found during a search under subsection (2) for as long as the member or officer considers it reasonably necessary to assist in—

• (a) the examination of an application for international protection under Part 7,

• (b) the consideration of an appeal under Part 8, or

• (c) the carrying out of a return under Part 11.

• (6) An applicant shall, if so required by a member of An Garda Síochána, an immigration officer or an officer of the Minister, provide all reasonable assistance in relation to the operation of any devices in which documents are or may be stored or access to the documents stored in those devices, including—

• (a) providing the documents to a member or officer in a form in which the documents can be taken away and in which the documents are, or can be made, legible and comprehensible,

• (b) giving to a member or officer any password necessary to make the relevant documents concerned legible and comprehensible, or

• (c) otherwise enabling a member or officer to examine the relevant documents in a form in which the document is legible and comprehensible.

• (7) A search of the applicant’s person under subsection (2) shall be carried out by a person of the same sex as the applicant and in full respect for the human dignity of the applicant and the applicant’s physical and psychological integrity.

• (8) A member of An Garda Síochána, an immigration officer or an officer of the Minister shall—

• (a) inform the applicant of the reasons for the search before conducting the search,

• (b) before conducting the search, give the applicant a warning, in a language that the applicant understands or is reasonably supposed to understand, that a failure to comply with the requirements of subsection (1) or (6) is an offence, and

• (c) include a note of the reasons for the search in the applicant’s file.

• (9) A person who contravenes subsection (1) or (6) shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or both.

33. Screening form

33. (1) The Minister shall complete a form (either in paper or electronic format, as the Minister considers appropriate) containing the following information—

• (a) the applicant’s name, date of birth, place of birth, and gender,

• (b) an indication of the nationalities or statelessness of the applicant, the countries of residence of the applicant prior to the applicant’s arrival in the State and the languages spoken by the applicant,

• (c) the reason for which screening was performed,

• (d) such information as the Minister considers relevant from the report of a qualified medical professional arising from the preliminary health assessment carried out in accordance with section 29,

• (e) such information as the Minister considers relevant from the preliminary vulnerability assessment carried out in accordance with section 30, in particular any vulnerability or special reception needs under Article 25 of the Reception Conditions Directive or requirement for special procedural guarantees under Article 21 of the Asylum Procedures Regulation identified,

• (f) confirmation that the applicant made an application,

• (g) information provided by the applicant as to whether the applicant has family members located on the territory of any Member State,

• (h) whether the consultation of Eurodac or any other database or system referred to in Article 15 of the Screening Regulation in respect of the applicant resulted in a hit,

• (i) whether the applicant has, in so far as it is applicable, complied with the obligations to cooperate in accordance with sections 25 and 67, and

• (j) such other information as the Minister may prescribe having regard to the purposes of this Act.

• (2) A form referred to in subsection (1) shall, where applicable, include—

• (a) the reason for the irregular arrival or entry of an applicant in the State,

• (b) information on routes travelled by an applicant, including the point of departure, places of previous residence, third countries of transit, third countries where international protection may have been sought by the applicant or granted to the applicant and the intended destination of the applicant within the European Union,

• (c) copies or detail of travel or identity documents carried by an applicant, and

• (d) any comments of the Minister or other relevant information, including any related information in cases of suspected smuggling or trafficking in human beings.

• (3) Where appropriate, the Minister shall state on the form referred to in subsection (1) whether the information contained in the form is based on the declaration of the applicant or whether it has been verified by the Minister.

• (4) Subject to subsection (5), the Minister shall make a copy of the form available in either paper or electronic format to the applicant.

• (5) Before making a copy of the form available to the applicant under subsection (4), the information referred to in subsection (1)(h) and (2)(d) shall be redacted by the Minister from the form to the extent necessary and proportionate for the purpose of the restrictions referred to in section 60(3)(a)(ii) of the Act of 2018.

• (6) The Minister shall request the applicant to confirm the accuracy of the information in the form and, where the applicant disputes the accuracy of any of the information, the Minister shall include a statement to that effect in the form.

• (7) The Minister may give a copy of the form to, and the copy form may be used by—

• (a) the Determining Authority for the purposes of the consideration of the applicant’s application under Part 7,

• (b) the Tribunal for the purposes of the performance of functions under Part 8, and