INTERNATIONAL PROTECTION ACT 2026

• (c) the Minister or another Member State for the purpose of performance of functions under Part 6 or Part 11.

• (8) The form to be completed under subsection (1) shall be in such form as the Minister may specify and the Minister shall publish the specified form on a website maintained by or on behalf of the Minister or the Government.

• (9) In this section, “hit” means—

• (a) the existence of a match established by Eurodac by means of a comparison between biometric data recorded in the computerised central database and those transmitted in accordance with Chapter 1 with regard to a person, and

• (b) in relation to any other database or system referred to in Article 15 of the Screening Regulation, the existence of a match established by that database or system by means of a comparison between biometric or other data recorded in that database or system and those submitted by means of a query through the database or system operator.

34. Cultural mediator

34. The Minister may make arrangements to allow cultural mediators to assist an applicant during the carrying out of the procedures under this Part, including by the provision of information to the applicant and the provision of support to the applicant in the applicant’s communication with officers of the Minister.

35. Termination of screening

35. (1) Subject to subsection (2), the Minister and any other person carrying out procedures in respect of a person under this Part shall endeavour to carry out those procedures as soon as practicable and, where possible, no later than—

• (a) 7 days after the person arrives at a screening centre, or

• (b) in the case of an applicant referred to in section 23(1), 7 days after the procedures have commenced in respect of the applicant in accordance with alternative arrangements referred to in that section.

• (2) Nothing in subsection (1) shall operate to prevent the Minister or any other person from performing a function under this Part after the expiry of the period referred to in subsection (1).

• (3) Subject to subsection (4), the procedures under this Part shall be terminated immediately where—

• (a) the person expresses an intention to withdraw the application concerned under section 70,

• (b) the person is arrested on suspicion of committing an offence,

• (c) the person is surrendered under the Extradition Act 1965, or

• (d) the person is considered by a registered medical practitioner to be unable to be the subject of procedures under this Part for reasons of ill-health.

• (4) Where the procedures under this Part are terminated in accordance with subsection (3) the Minister—

• (a) may—

• (i) complete, in so far as practicable, the form referred to in section 33 in respect of the person, and

• (ii) require the applicant to comply with alternative arrangements under section 23,

and

• (b) shall record the reason why the procedures were terminated under subsection (3) in the form referred to in section 33.

PART 3 Application for International Protection

Chapter 1 Making, registration and lodgement of application

36. Application for international protection

36. (1) Subject to sections 37 and 38, a third-country national or stateless person, including an unaccompanied minor, who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) may make an application for international protection.

• (2) An application under this section shall be considered to have been made where a person referred to in subsection (1) expresses his or her wish to receive international protection in person to—

• (a) an officer of the Minister,

• (b) a member of An Garda Síochána,

• (c) an immigration officer, or

• (d) a governor of a prison.

• (3) Where an application is made to a person referred to in paragraph (b) or (d) of subsection (2), that person shall inform the Minister of the making of the application as soon as practicable and at the latest within 3 working days from when the application is made.

37. Application on behalf of minor

37. (1) Subject to subsection (2), an application on behalf of a minor who is at the frontier of the State or who is in the State (whether lawfully or unlawfully) shall be made by the minor’s parent or such other adult who has responsibility for the care and protection of the minor (in this section referred to as the “person responsible”).

• (2) An application shall be deemed to have been made on behalf of a minor where the parent of, or person responsible for, the minor makes an application under section 36 and the minor is present at the making of the application.

• (3) Where a minor—

• (a) is born in the State while the parent of, or person responsible for, the minor is an applicant, or

• (b) enters the State while the parent of, or person responsible for, the minor is an applicant,

the parent or person responsible shall inform the Minister and the Minister shall direct the parent or person responsible to attend with the minor at a specified place on a specified date and, where communicated, time for the purpose of making, registering and lodging an application on behalf of the minor.

• (4) An application—

• (a) deemed to have been made on behalf of a minor under subsection (2), or

• (b) made on behalf of a minor under subsection (3) prior to a decision being taken by the Determining Authority at first instance in respect of the application of the parent or person responsible,

shall be examined in conjunction with the application of the parent or person responsible.

• (5) Subsections (2) and (3) shall not apply where the minor is—

• (a) an Irish citizen, or

• (b) a Union citizen as defined in Regulation 2 of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015).

• (6) For the purposes of this section, the Minister may request that a birth certificate or other appropriate documentary evidence is submitted to him or her to substantiate the relationship between the minor and the person making the application on his or her behalf, including in relation to the—

• (a) age and nationality of the person making the application on behalf of the minor, and

• (b) the nature of relationship between the minor and the person making the application on his or her behalf.

38. Application on behalf of person lacking capacity

38. (1) This section applies to an adult who—

• (a) lacks capacity to make an application under section 36, and

• (b) is otherwise eligible to make an application under section 36.

• (2) An application may be made and lodged on behalf of a person to whom this section applies (in this section referred to as the “person concerned”)—

• (a) where the person concerned is a ward of court, by his or her committee,

• (b) where the person concerned is subject to a decision-making representation order which authorises a decision-making representative to make an application on behalf of the person concerned, by the person concerned’s decision-making representative,

• (c) where the person concerned is subject to an order capable of being recognised in the State pursuant to section 124 of the ADMC Act, whether or not such an order has actually been recognised by a court in the State pursuant to section 125 of that Act, by the person authorised under that order to take decisions on behalf of the person concerned, provided that such authorised person is at the frontier of the State or is in the State,

• (d) where the person concerned is subject to a registered co-decision-making agreement which provides for the joint making by the appointer and a co decision-maker of an application, by the appointer, provided that it is signed jointly by the appointer and the co-decision-maker, or

• (e) where the person concerned is not a person referred to in paragraphs (a) to (d), subject to subsection (3), by a person of full age and capacity who is the spouse, civil partner, parent or child of the person concerned, or otherwise who the Minister is satisfied has a bona fide interest in the welfare of the person concerned.

• (3) For the purposes of ascertaining whether an application may be made or lodged under subsection (2)(e) on behalf of a person, the Minister may—

• (a) request that a medical report, or such other appropriate documentary evidence relating to the capacity of the person concerned, be submitted to him or her, or

• (b) request that the person concerned attend a registered medical practitioner for the purposes of obtaining a report to the Minister in relation to the capacity of the person concerned.

• (4) The costs of and incidental to the preparation of a report referred to in subsection (3)(b) shall be borne by the Minister.

• (5) The amount payable under subsection (4) shall not exceed such amount as is specified from time to time by the Minister, in consultation with the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (6) In this section—

“ADMC Act” means the Assisted Decision-Making (Capacity) Act 2015;

“appointer” has the same meaning as it has in Part 4 of the ADMC Act;

“capacity” shall be construed in accordance with section 3 of the ADMC Act;

“co-decision-maker” has the same meaning as it has in Part 4 of the ADMC Act;

“co-decision-making agreement” has the same meaning as it has in Part 4 of the ADMC Act;

“decision-making representation order” has the same meaning as it has in the ADMC Act;

“decision-making representative” has the same meaning as it has in the ADMC Act.

39. Registration of application

39. (1) The Minister is designated as the competent authority to register applications for international protection pursuant to Article 4(3) of the Asylum Procedures Regulation.

• (2) Without prejudice to the obligations to collect and transmit data in accordance with Chapter 1 of Part 2, the Minister shall register the following information from an applicant in accordance with Article 27 of the Asylum Procedures Regulation by recording the information in a form (in this Part referred to as an “international protection application form”):

• (a) the applicant’s name;

• (b) the applicant’s date and place of birth;

• (c) the applicant’s gender;

• (d) the applicant’s nationality or nationalities or whether the applicant is stateless;

• (e) the applicant’s family members as defined in Article 2 of the Asylum and Migration Management Regulation;

• (f) in the case of an applicant who is a minor, the applicant’s siblings or relatives within the meaning of the Asylum and Migration Management Regulation present in a Member State, where applicable;

• (g) where available, the type, number and period of validity of any identity or travel document of the applicant and the country that issued that document and other documents provided by the applicant which the Minister deems relevant for the purposes of identifying the applicant for the purposes of this Act and the Asylum and Migration Management Regulation;

• (h) the date of the application, the place where the application was made and the person to whom the application was made;

• (i) the applicant’s location or the applicant’s place of residence or address;

• (j) where available, a telephone number and an email address which can be used to contact the applicant;

• (k) such other information relevant for the purposes of this Act and the Asylum and Migration Management Regulation.

• (3) Information collected from an applicant for the purposes of completing the form in section 33 may be used by the Minister for the purposes of subsection (2).

• (4) An applicant shall be provided with the services of an interpreter during the registration process whenever appropriate communication cannot be otherwise ensured.

40. Lodgement of application

40. (1) Subject to section 37(3) and subsections (3) to (7), an applicant shall lodge his or her application with the Minister by—

• (a) attending a place on a date and, where communicated, time specified by the Minister, and

• (b) at that place providing information to the Minister, which shall be recorded in the applicant’s international protection application form.

• (2) Where practicable, the lodgement shall take place at the same time as the registration of an application.

• (3) An application may be lodged on behalf of an applicant who is a minor—

• (a) by the minor’s parent or such other adult who has responsibility for the care and protection of the minor, or

• (b) in the case of an unaccompanied minor, by a provisional representative person or a representative person.

• (4) Where an application is lodged on behalf of a minor in accordance with subsection (3), the requirement under subsection (1) to attend a specified place for the purpose of lodging the application shall apply both to the minor and to the person who is lodging the application on behalf of the minor except where there are justified reasons for which the minor is unable or unfit to be present.

• (5) An application shall be deemed to have been lodged on behalf of an applicant who is a minor where the parent of, or such other adult who has responsibility for the care and protection of, the minor lodges an application under subsection (1) and the minor is present at the lodgement of the application.

• (6) Where section 38 applies in respect of a person, the requirement under subsection (1) to lodge an application in person shall not apply where there are justified reasons for which the person is unable or unfit to be present and where such reasons exist, it shall be sufficient for the person who is lodging the application on his or her behalf in accordance with section 38(2) to attend a place on a date and, where communicated, time, specified by the Minister for the purpose of lodging the application.

• (7) Where an applicant cannot comply with subsection (1) due to imprisonment or long term hospitalisation, the Minister shall make alternative arrangements for the lodgement of the application.

• (8) An applicant shall be provided with the services of an interpreter when lodging his or her application whenever appropriate communication cannot be otherwise ensured.

• (9) Following the lodgement of an application, the Minister shall inform the applicant as soon as practicable in relation to how his or her application will be examined under Part 7.

• (10) The Minister shall notify the High Commissioner in writing of the lodgement of an application.

• (11) A notification under subsection (10) shall include—

• (a) the name of the applicant,

• (b) the applicant’s country of origin, and

• (c) such other information as the Minister considers appropriate.

• (12) The type of information to be included in an international protection application form under section 39 and subsection (1)(b) shall be specified by the Minister and published on a website maintained by or on behalf of the Minister or the Government.

41. Submission of elements and documents

41. (1) When an applicant lodges his or her application, he or she shall, in accordance with Article 4 of the Qualification Regulation, without undue delay submit to the Determining Authority all the elements and documents available to him or her which are needed to substantiate his or her application.

• (2) Notwithstanding subsection (1), an applicant may submit to the Determining Authority any additional elements or documents relevant to the examination of his or her application prior to a decision being taken on his or her application, in particular at his or her personal interview.

• (3) An applicant shall endeavour to submit any additional elements and documents relevant to the examination of his or her application within the period ending 5 days after the day on which the applicant’s substantive interview takes place in accordance with section 164.

• (4) An applicant may not make a new application in advance of a final decision being made in respect of his or her application under Part 7 or Part 8, as the case may be, (in this subsection referred to as the “current application”) and any representations made by an applicant before a final decision is made in respect of the current application shall be considered to be further representations in respect of the current application and shall not constitute a new application.

• (5) Without prejudice to the generality of this section, in this section “elements and documents” shall include the following:

• (a) the applicant’s statements;

• (b) all documents at the applicant’s disposal in relation to:

• (i) the applicant’s reason for applying for international protection;

• (ii) the applicant’s age;

• (iii) the applicant’s background, including that of relevant family members and other relatives;

• (iv) the applicant’s identity;

• (v) the applicant’s nationality or nationalities;

• (vi) the applicant’s country or countries, and place or places of previous residence;

• (vii) any previous applications made by the applicant;

• (viii) the results of a resettlement or humanitarian admission procedure relating to the applicant as defined by the Union Resettlement and Humanitarian Admission Framework Regulation;

• (ix) the applicant’s travel routes;

• (x) the applicant’s travel documents.

Chapter 2 Appointment of representatives for unaccompanied minors

42. Definition (Part 3) (Chapter 2)

42. In this Chapter, “representative organisation” means an organisation designated under section 46(1)(a) or appointed under section 46(1)(b) as a representative organisation.

43. Competent authority (Part 3) (Chapter 2)

43. The Minister shall by order designate a person to perform the functions of the competent authority under this Chapter.

44. Best interests of child (Part 3) (Chapter 2)

44. The best interests of the child shall be a primary consideration in the application of this Chapter.

45. Requirement to notify the competent authority

45. (1) A person referred to in paragraph (a), (b), (c) or (d) of section 36(2) shall, as soon as possible after the making of an application in accordance with that section and subject to subsection (2), notify the competent authority, where—

• (a) the applicant claims to be a minor and is not accompanied by an adult who is responsible for the applicant, or

• (b) the person referred to in paragraph (a), (b), (c) or (d) of section 36(2) has objective grounds for believing that the applicant is a minor and is not accompanied by an adult who is responsible for the applicant.

• (2) Without prejudice to Chapter 3, subsection (1) shall not apply where a person first referred to in that subsection concludes without any doubt that the applicant is not a minor or is accompanied by an adult responsible for the applicant.

• (3) Where the Minister is notified that an unaccompanied minor has been or will be relocated or transferred to the State in accordance with Part 6, the Minister shall as soon as possible notify the competent authority and the Child and Family Agency of the relocation or transfer, as the case may be.

• (4) The Minister, the Determining Authority, the Tribunal or the Child and Family Agency shall notify the competent authority, where he, she or it, as the case may be, becomes aware that an applicant, in relation to whom neither a provisional representative person nor a representative person has been appointed or designated, as the case may be—

• (a) is a minor who is not accompanied by an adult responsible for him or her, or

• (b) may be a minor who is not accompanied by an adult responsible for him or her.

46. Designation of provisional representative and appointment of representative

46. (1) Following a notification under section 45(1), (3) or (4), the competent authority shall—

• (a) as soon as possible, designate an individual (in this Act referred to as a “provisional representative person”) or, subject to subsection (3), designate an organisation (in this Chapter referred to as a “representative organisation”) to provisionally act as a representative (within the meaning of the EU acts) for the unaccompanied minor who is the subject of the notification until an individual or organisation has been appointed under paragraph (b), and

• (b) as soon as possible and, subject to section 52, no later than 15 working days from the date on which the application is made, appoint an individual (in this Act referred to as a “representative person”) or, subject to subsection (3), appoint an organisation (in this Chapter referred to as a “representative organisation”) to act as a representative (within the meaning of the EU acts) for the unaccompanied minor who is the subject of the notification.

• (2) The function of a representative organisation shall be to appoint individuals under section 47 to perform the functions set out in section 50.

• (3) The competent authority shall not designate an organisation under subsection (1)(a) to be a representative organisation or appoint an organisation under subsection (1)(b) to be a representative organisation unless the competent authority is satisfied that the organisation—

• (a) is independent in the performance of its functions,

• (b) does not have any interests that conflict, or could potentially conflict, with the interests of unaccompanied minors,

• (c) is able to appoint an individual to be a provisional representative person in accordance with section 47 to perform the functions of a provisional representative person in respect of an unaccompanied minor to whom that individual is appointed,

• (d) is able to appoint an individual to be a representative person in accordance with section 47 to perform the functions of a representative person in respect of an unaccompanied minor to whom that individual is appointed,

• (e) is able to ensure that, subject to section 52, a provisional representative person or a representative person is appointed in respect of no more than 30 unaccompanied minors at any one time, and

• (f) has sufficient internal governance and management arrangements in place to ensure that provisional representative persons and representative persons appointed by the representative organisation have the necessary qualifications, training and expertise to perform the functions of a provisional representative person or a representative person, as the case may be.

47. Appointment of provisional representative persons and representative persons

47. (1) Where a representative organisation has been designated under section 46(1)(a) in respect of an unaccompanied minor, the representative organisation shall, as soon as possible, appoint an individual to provisionally act as a representative (within the meaning of the EU acts) for the unaccompanied minor (in this Act referred to as a “provisional representative person”) until a representative person has been appointed.

• (2) Where a representative organisation has been appointed under section 46(1)(b), the representative organisation shall, as soon as possible, and within the period referred to in section 46(1)(b), appoint an individual to act as a representative (within the meaning of the EU acts) for the unaccompanied minor (in this Act referred to as a “representative person”).

48. Power to appoint substitute provisional representative person and representative person

48. Subject to the requirement under Article 23(9) of the Asylum Procedures Regulation and Article 27(6) of the Reception Conditions Directive that the representative person or provisional representative person shall be changed only where necessary—

• (a) the power to designate a provisional representative person under section 46(1)(a) or appoint a provisional representative person under section 47(1) includes the power to designate or appoint a provisional representative person in place of the provisional representative person who stands designated or appointed under section 46(1)(a) or section 47(1), as the case may be, and

• (b) the power to appoint a representative person under section 46(1)(b) or section 47(2) includes the power to appoint a representative person in place of the representative person who stands appointed under section 46(1)(b) or section 47(2), as the case may be.

49. Consequences of appointment of provisional representative person or representative person

49. (1) Following the designation or appointment of a provisional representative person, or the appointment of a representative person in respect of an unaccompanied minor, the competent authority or the representative organisation, as the case may be, shall immediately notify the Determining Authority of the designation or appointment concerned.

• (2) Following a notification under subsection (1), the Determining Authority shall—

• (a) in a manner that is age-appropriate and in a language that the unaccompanied minor understands or is reasonably supposed to understand, immediately—

• (i) inform the unaccompanied minor concerned that a provisional representative person or a representative person has been designated or appointed, as the case may be, in respect of him or her, and

• (ii) explain to the unaccompanied minor that he or she may lodge a complaint against the provisional representative person or representative person in accordance with regulations made under section 53 in confidence and safety,

• (b) ensure that the unaccompanied minor’s file is accessible to the provisional representative person or representative person, as the case may be,

• (c) inform the provisional representative person or representative person, as the case may be, of any relevant facts known to the Determining Authority pertaining to the unaccompanied minor, and

• (d) inform the Child and Family Agency that a representative person or a provisional representative person has been designated or appointed, as the case may be, in respect of the unaccompanied minor.

• (3) A provisional representative person and a representative person may request information regarding the progress of a procedure under this Act or the EU acts in relation to an unaccompanied minor in respect of whom the person is designated or appointed and, where applicable, the Minister, the Child and Family Agency, the Determining Authority or the Tribunal shall provide the information requested to the provisional representative person or the representative person about that procedure.

• (4) Any decision, determination, direction, information, notification, report, warning or document (howsoever described) required under this Act or the EU acts to be sent, provided, given or otherwise made available to an unaccompanied minor by any person shall also be sent, provided, given or otherwise made available to the provisional representative person or representative person designated or appointed, as the case may be, in respect of the unaccompanied minor.

50. Functions of provisional representative person and representative person

50. (1) The functions of a provisional representative person or a representative person in respect of an unaccompanied minor in relation to whom he or she is designated or appointed shall be to represent, assist and act on behalf of the unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of the unaccompanied minor in a manner that enables the unaccompanied minor to benefit from his or her rights and to comply with his or her obligations under this Act or the EU acts.

• (2) Without prejudice to the generality of subsection (1), for the purposes of performing his or her functions under this Act or the EU acts, a provisional representative person or a representative person shall, in respect of an unaccompanied minor in relation to whom he or she is designated or appointed, exercise, as required, and where appropriate together with the unaccompanied minor’s legal representative (if any), the following powers:

• (a) to meet with the unaccompanied minor and take into account the minor’s views regarding his or her needs where those views are relevant to the performance by the provisional representative person or the representative person of his or her functions in relation to that unaccompanied minor;

• (b) to assist the unaccompanied minor in the provision of information that is relevant to the assessment of his or her best interests by the minor to any person for any purpose under this Act or the EU acts;

• (c) where applicable, to provide the unaccompanied minor with information relevant to the procedures provided for in this Act or the EU acts and to assist the unaccompanied minor in understanding the information relevant to the procedures provided for in and under this Act or the EU acts;

• (d) where applicable, to assist the unaccompanied minor in relation to the provision of biometric and other data under section 15 including providing the minor with information relevant to the provision of the data;

• (e) where applicable, to assist the unaccompanied minor in relation to screening procedures carried out in accordance with Chapter 2 of Part 2;

• (f) where applicable, to assist the unaccompanied minor with an age assessment carried out in accordance with Chapter 3;

• (g) where applicable, to assist the unaccompanied minor with the registration and lodgement of an application, or to register and lodge an application on behalf of the unaccompanied minor in accordance with sections 39 and 40 and to submit elements and documents in accordance with section 41;

• (h) where applicable, to assist with the preparation of, and be present for, the unaccompanied minor’s personal interview and to inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview;

• (i) where applicable, to assist the unaccompanied minor in relation to any measure applied in relation to the unaccompanied minor, or any related review or appeal, under Part 5;

• (j) where applicable, to assist the unaccompanied minor in relation to procedures under the Asylum and Migration Management Regulation including preparing, and being present for, an Article 22 interview (within the meaning of Chapter 2 of Part 6) and appealing a transfer decision;

• (k) where applicable, to assist the unaccompanied minor in relation to an appeal (within the meaning of Part 8) to the Tribunal, including preparing, and being present, for an oral hearing;

• (l) where applicable, to support the unaccompanied minor in any engagement with family tracing procedures carried out in accordance with the Asylum and Migration Management Regulation or the Reception Conditions Directive.

• (3) A provisional representative person or a representative person appointed in relation to an unaccompanied minor shall—

• (a) be independent in the performance of his or her functions,

• (b) not have any interests that conflict, or potentially conflict, with the interests of the unaccompanied minor,

• (c) subject to section 52, be appointed in respect of no more than 30 unaccompanied minors at any one time,

• (d) have the necessary qualifications, training and expertise to perform the functions of a provisional representative person or representative person, as appropriate, and

• (e) treat any information received in his or her capacity as a representative person or a provisional representative person as confidential and not disclose such information to any person except—

• (i) for the purpose of the performance of his or her functions under this Act or the EU acts,

• (ii) when required, by an order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or

• (iii) where otherwise required to do so in accordance with any enactment.

51. Cessation of designation or appointment of representatives and consequences of cessation

51. (1) The designation or appointment of a provisional representative person or the appointment of a representative person in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring—

• (a) in relation to a provisional representative person designated or appointed in respect of a relevant person and where the relevant person is an unaccompanied minor, a representative person is appointed for the relevant person,

• (b) the Determining Authority notifies the competent authority that it is satisfied that the relevant person is 18 years or over, and—

• (i) an age assessment carried out under Chapter 3 in respect of the relevant person has concluded that he or she is 18 years or over, or

• (ii) the age of the relevant person is verified, other than by an age assessment carried out under Chapter 3, to be 18 years or over,

• (c) the Determining Authority notifies the competent authority that the relevant person is a beneficiary of international protection, granted by the State or by a Member State other than the State, and an international protection guardian has been appointed for the relevant person,

• (d) the Determining Authority notifies the competent authority that the relevant person has ceased to be an applicant,

• (e) the Determining Authority notifies the competent authority that the relevant person has left the State without the consent of the Minister,

• (f) the relevant person is a minor and the Determining Authority notifies the competent authority that an accompanying family member has become responsible for him or her such that the Determining Authority is satisfied that the relevant person is no longer unaccompanied,

• (g) the representative person or provisional representative person resigns or is otherwise unavailable to perform the functions of a representative person or a provisional representative person, or

• (h) the designation or appointment of the provisional representative person or the appointment of the representative person is terminated by the competent authority in accordance with regulations made under section 53—

• (i) because the provisional representative person or representative person has not adequately performed his or her functions under this Act or the EU acts,

• (ii) on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53, or

• (iii) because the competent authority is no longer satisfied that the provisional representative person or representative person complies with the requirement set out in paragraph (a) or (b) of section 50(3).

• (2) The designation or appointment of a representative organisation under section 46(1)(a) or 46(1)(b) in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring—

• (a) the individual appointed by the representative organisation under section 47(1) or 47(2) has ceased being a provisional representative person or a representative person, as the case may be, for the relevant person concerned arising from one or more of the matters referred to in paragraph (b), (c), (d), (e) or (f) of subsection (1),

• (b) the competent authority notifies the representative organisation that the competent authority is no longer satisfied as to one or more of the matters specified in paragraph (a), (b), (c), (d), (e) or (f) of section 46(3),

• (c) the designation or appointment of a representative organisation is terminated on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53, or

• (d) the competent authority appoints a different representative organisation in accordance with section 46(1)(b) in respect of the relevant person concerned.

• (3) Where the designation or appointment of a representative organisation ceases under paragraph (b), (c) or (d) of subsection (2), any appointment by the representative organisation of—

• (a) a provisional representative person under section 47(1), or

• (b) a representative person under section 47(2),

shall also cease.

• (4) Where the designation or appointment of a provisional representative person or the appointment of a representative person ceases under paragraph (g) or (h) of subsection (1), a provisional representative person or a representative person shall be appointed in his or her place in accordance with section 48(a) or section 48(b), as appropriate.

• (5) Where the designation or appointment of a representative organisation ceases under paragraph (b) or (c) of subsection (2), the competent authority shall make an appointment under section 46(1)(b) in respect of a relevant person in relation to whom the representative organisation was designated or appointed, and section 46(1) shall apply as if the relevant person was the subject of a notification referred to in that section.

• (6) Following the cessation under subsection (1) or (3) of the designation or appointment of a provisional representative person or the cessation of the appointment of a representative person, the Determining Authority shall—

• (a) immediately inform the relevant person that the provisional representative person or the representative person, as the case may be, is no longer designated or appointed, as the case may be, for the relevant person, in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand,

• (b) if applicable, immediately inform the relevant person that a provisional representative person or a representative person has been appointed for the relevant person in accordance with subsection (4), in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand, and

• (c) inform the Child and Family Agency of the matters referred to in paragraphs (a) and (b) in relation to the relevant person.

52. Modification of certain references (exceptional situations)

52. (1) For the purposes of this Part, where—

• (a) a disproportionate number of applications are made by unaccompanied minors or other exceptional situations arise, and

• (b) the competent authority decides that the measures set out in the contingency plan referred to in section 282 are insufficient to ensure that a representative person is appointed for an unaccompanied minor within 15 working days,

the reference to 15 working days in section 46(1)(b) shall be construed as a reference to 25 working days.

• (2) For the purposes of this Part, where—

• (a) a disproportionate number of applications are made by unaccompanied minors or other exceptional situations arise, and

• (b) the competent authority decides that the measures set out in the contingency plan referred to in section 282 are insufficient to ensure that a provisional representative person or a representative person, as the case may be, is appointed in respect of no more than 30 unaccompanied minors at any one time,

the reference to 30 unaccompanied minors in sections 46(3)(e) and 50(3)(c) shall be construed as a reference to 50 unaccompanied minors.

• (3) Where the competent authority makes a decision under subsection (1)(b) or (2)(b), the Minister shall inform the European Commission and the European Union Agency for Asylum in accordance with Article 27 of the Receptions Conditions Directive.

53. Regulations (Part 3) (Chapter 2)

53. The Minister, having consulted with the competent authority, shall, for the purpose of promoting high professional standards and good practice on the part of representative organisations, provisional representative persons and representative persons, make regulations to—

• (a) specify the standards to be applied to representative organisations, provisional representative persons and representative persons in the performance by them of their functions under this Act and the EU acts,

• (b) make provision for the training of provisional representative persons and representative persons and the staff of representative organisations, including initial and continuous training concerning the rights and needs of unaccompanied minors and any applicable child safeguarding standards,

• (c) make provision for the monitoring, measuring and evaluation of the performance by representative organisations, provisional representative persons and representative persons of their functions under this Act and the EU acts,

• (d) make provision for the establishment and administration of a system of investigation and adjudication of complaints against representative organisations, provisional representative persons and representative persons,

• (e) make provision for the procedures that are to apply in respect of the termination of the designation or appointment of a representative organisation, a provisional representative person or a representative person because the representative organisation, the provisional representative person or representative person, as the case may be, has not adequately performed his, her, or its functions under this Act or the EU acts,

• (f) specify such fees and expenses to be paid to representative organisations, provisional representative persons and representative persons as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, from time to time determine, and

• (g) make provision for such other matters as the Minister considers necessary to ensure that representative organisations, provisional representative persons and representative persons are capable of performing their functions under this Act and the EU acts.

Chapter 3 Assessments to determine age of applicant

54. Best interests of child (Part 3) (Chapter 3)

54. The best interests of the child shall be a primary consideration in the application of this Chapter.

55. Age assessments

55. (1) Where, at any point following the making of an application and arising from one or more of the matters referred to in subsection (2), there are doubts in relation to the age of an applicant, the Determining Authority may arrange for an age assessment to be carried out to determine the age of the applicant (in this Act referred to as an “age assessment”) for the purposes of this Act, in accordance with this Chapter.

• (2) The matters referred to in subsection (1) are:

• (a) statements made by the applicant to—

• (i) an officer of the Minister,

• (ii) a member of An Garda Síochána,

• (iii) an immigration officer,

• (iv) a designated person within the meaning of Chapter 1 of Part 2,

• (v) an Appeals Officer within the meaning of Part 13, or

• (vi) a member of staff of the Child and Family Agency;

• (b) available documentary evidence;

• (c) any other matter that gives rise to a doubt as to the age of an applicant that a person referred to in paragraph (a) considers relevant.

• (3) An age assessment including a further age assessment referred to in section 59 or 60 carried out in relation to an applicant—

• (a) shall include a multi-disciplinary assessment that is carried out in accordance with section 56,

• (b) may, as a last resort where an assessment referred to in paragraph (a) is inconclusive as to the age of an applicant, include a medical examination to determine age that is carried out in accordance with section 57,

• (c) shall only be carried out by persons—

• (i) with the necessary qualifications, training or experience as prescribed under section 63, and

• (ii) who are independent of a representative organisation, if any, designated under section 46(1)(a) or appointed under section 46(1)(b) in respect of the applicant concerned, a provisional representative person appointed or designated in respect of the applicant concerned or a representative person appointed in respect of the applicant concerned,

and

• (d) shall be carried out in accordance with regulations made under section 63.

• (4) An age assessment, including a further age assessment referred to in section 59 or 60, or part of an age assessment, that requires the presence of an applicant shall not be carried out in relation to the applicant, other than in the presence of an interpreter, if required, and—

• (a) a provisional representative person appointed or designated in respect of the applicant, or a representative person appointed in respect of the applicant,

• (b) the applicant’s parent or another adult responsible for the applicant, or

• (c) where the presence of a person referred to in paragraph (b) is, on justified grounds, considered by the Determining Authority not to be in the best interests of the applicant, a person trained to safeguard the best interests of the child within the framework of the age assessment process.

• (5) An applicant’s legal representative or, with the consent of the applicant, a person nominated by that legal representative may be present at an age assessment, including a further age assessment referred to in section 59 or 60 or part of an age assessment, that requires the presence of the applicant.

56. Multi-disciplinary assessment

56. (1) A multi-disciplinary assessment shall include—

• (a) a psycho-social assessment,

• (b) an assessment of any relevant statements made by the applicant in relation to his or her application, and

• (c) one or more than one of the following, as the Determining Authority considers necessary:

• (i) with due regard for the applicant’s dignity and right to privacy, a visual assessment based on the applicant’s physical appearance;

• (ii) an assessment of any available documentation, which shall be considered genuine unless there is evidence to the contrary;

• (iii) an assessment of any relevant statements made by the applicant to a public body and communicated to the Determining Authority;

• (iv) an assessment of any relevant information provided by another Member State;

• (v) such other assessments as may be prescribed by the Minister under section 63.

• (2) Following a multi-disciplinary assessment carried out in relation to an applicant, the Determining Authority shall—

• (a) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is conclusive as to the applicant being a minor, determine, subject to sections 59, 60 and 62, that the applicant is a minor for the purposes of this Act,

• (b) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is conclusive as to the applicant not being a minor, determine, subject to sections 59, 60 and 62, that the applicant is not a minor for the purposes of this Act, or

• (c) where the result of the multi-disciplinary assessment undertaken in respect of the applicant is not conclusive, determine, subject to a medical examination to determine age that may be carried out in accordance with section 57 and subject to sections 59, 60 and 62, that the applicant is presumed to be a minor for the purposes of this Act.

• (3) The Determining Authority shall, as soon as practicable following a multi-disciplinary assessment carried out in relation to an applicant, notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant—

• (a) of a determination referred to in subsection (2)(a), (b) or (c), and

• (b) of the applicant’s right to request a further age assessment in accordance with section 59,

in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.

• (4) Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60, subject to the right of an applicant to request a further age assessment under section 59 and subject to the age of the applicant being verified under section 62, a determination under subsection (2) shall be final.

57. Medical examination to determine age

57. (1) A medical examination to determine age shall not be carried out, unless, prior to the examination—

• (a) the applicant is informed, in an age-appropriate manner and in a language that the applicant understands or is reasonably supposed to understand, of the possibility that the age of the applicant may be assessed by means of a medical examination and the consequences under subsection (4) of refusing to undergo the examination,

• (b) where applicable, a parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant, or a representative person appointed in respect of the applicant, is informed in a language that the parent or adult responsible understands or is reasonably supposed to understand of the possibility that the age of the applicant concerned may be assessed by means of a medical examination and the consequences under subsection (4) of the applicant refusing to undergo the examination, and

• (c) having been informed of the matters set out in paragraph (a) in accordance with that paragraph, the applicant has consented to the medical examination, and a person referred to in paragraph (b) has consented, in relation to the applicant, to the medical examination.

• (2) The consent referred to in paragraph (c) of subsection (1) may be given orally or in writing and if given orally—

• (a) the person performing the medical examination to determine age shall, as soon as practicable, make a written record of the consent, and

• (b) the written record of the consent shall be entered in the applicant’s file.

• (3) A medical examination to determine an applicant’s age shall be—

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

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

• (c) performed in accordance with regulations made under section 63(2)(a), and

• (d) carried out by a designated healthcare professional who has the training and qualifications as prescribed under section 63(2)(b).

• (4) A refusal by an applicant to consent to, or a refusal by a person referred to in subsection (1)(b) in relation to an applicant to consent to the applicant undergoing a medical examination—

• (a) shall not prevent the Determining Authority or Tribunal from taking a decision on the application for international protection or appeal, as the case may be, and

• (b) may give rise to a rebuttable presumption that the applicant is not a minor.

• (5) Following a medical examination carried out in relation to an applicant, the Determining Authority shall—

• (a) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to an applicant being a minor, determine, subject to sections 59, 60 and 62, that the applicant is a minor for the purposes of this Act,

• (b) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, conclusive as to the applicant not being a minor, determine, subject to sections 59, 60 and 62, that the applicant is not a minor for the purposes of this Act, or

• (c) where the results of a multi-disciplinary assessment and a medical examination to determine age are, analysed together, not conclusive, determine, subject to sections 59, 60 and 62, that the applicant is presumed to be a minor for the purposes of this Act.

• (6) The Determining Authority shall, as soon as practicable following a medical examination to determine age carried out in relation to an applicant, notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant—

• (a) of a determination referred to in subsection (5)(a), (b) or (c), and

• (b) of the applicant’s right to request a further age assessment in accordance with section 59,

in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.

• (7) Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60, subject to the right of an applicant to request a further age assessment under section 59 and subject to the age of the applicant being verified under section 62, a determination under subsection (5) shall be final.

• (8) In this section, a “designated healthcare professional” means—

• (a) a registered medical practitioner within the meaning of the Medical Practitioners Act 2007,

• (b) a registered dentist within the meaning of the Dentists Act 1985,

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

• (d) a member of one or more 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.

58. Age assessment in Member State other than the State

58. The Determining Authority—

• (a) may determine the age of an applicant on the basis of an age assessment that was carried out in a Member State other than the State in accordance with the law of the European Union, and

• (b) shall notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant, or a representative person appointed in respect of the applicant—

• (i) of a determination referred to in paragraph (a), and

• (ii) of the applicant’s right to request a further age assessment in accordance with section 59,

in an age-appropriate manner and in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand.

59. Request by applicant for further age assessment

59. (1) An applicant may request a further age assessment following a determination referred to in section 56(2)(a), 56(2)(b), 56(2)(c), 57(5)(a), 57(5)(b), 57(5)(c) or 58(a) and the effect of the determination concerned shall be suspended until the Determining Authority makes a determination under subsection (6).

• (2) A request under subsection (1) shall be made in writing in accordance with subsection (9) and within 10 working days of the notification referred to—

• (a) in relation to a determination following an age assessment, in section 56(3),

• (b) in relation to a determination following an age assessment and a medical examination to determine age, in section 57(6), or

• (c) in relation to a determination based on an age assessment in a Member State other than the State, in section 58(b).

• (3) A request under subsection (1) may include submissions of the applicant, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated or appointed in respect of the applicant or a representative person appointed in respect of the applicant that are relevant to the request for a further age assessment.

• (4) Following a request made by an applicant in accordance with subsection (1), a further age assessment shall be carried out by a person—

• (a) who was not involved in a multi-disciplinary assessment carried out under section 56 in respect of the applicant or a medical assessment to determine age under section 57 in respect of the applicant, and

• (b) in accordance with regulations, if any, made under section 63(3).

• (5) A further age assessment carried out in accordance with subsection (4) shall take into consideration any submissions made in accordance with subsection (3).

• (6) The Determining Authority shall, following a further age assessment carried out in accordance with this section determine, subject to sections 60 and 62, that the applicant—

• (a) is a minor and shall be considered to be a minor for the purposes of this Act,

• (b) is not a minor, and shall be considered not to be a minor for the purposes of this Act, or

• (c) where the further age assessment is not conclusive, shall be presumed to be a minor for the purposes of this Act.

• (7) The Determining Authority shall notify the applicant and, if applicable, the applicant’s parent, an adult responsible for the applicant, a provisional representative person designated for the applicant or a representative person appointed for the applicant, in a language that the applicant and, if applicable, the parent or person, understands or is reasonably supposed to understand, of the determination under subsection (6).

• (8) Without prejudice to the power of the Determining Authority to arrange for a further age assessment to be carried out in relation to an applicant under section 60 and subject to the age of the applicant being verified under section 62, a determination under subsection (6) shall be final.

• (9) The Minister shall publish the form in which a further age assessment shall be requested in accordance with subsection (2) on a website maintained by or on behalf of the Minister or the Government.

60. Decision by Determining Authority to arrange further age assessment

60. Following a determination that an applicant is a minor under paragraph (a) or (c) of section 56(2), paragraph (a) or (c) of section 57(5), paragraph (a) of section 58 or paragraph (a) or (c) of section 59(6), the Determining Authority may arrange for a further age assessment to be carried out in accordance with this Chapter to determine the age of an applicant where—

• (a) the Child and Family Agency has reasonable grounds for believing that the applicant is not a minor and that accommodating the applicant in reception facilities appropriate for minors may give rise to child safeguarding concerns, or

• (b) an Appeals Officer, within the meaning of Part 13, has reasonable grounds for believing that the applicant is not a minor where the determination concerned was made prior to a decision being taken by the Determining Authority at first instance.

61. Estimated date of birth

61. (1) The Determining Authority may, subject to subsection (2)(b), determine an estimated date of birth for an applicant that is based on—

• (a) the results of a multi-disciplinary assessment carried out in relation to the applicant in accordance with section 56, or

• (b) if applicable, the results of a multi-disciplinary assessment carried out in relation to the applicant in accordance with section 56 and the results of the medical examination to determine age carried out in relation to the applicant in accordance with section 57, analysed together.

• (2) The estimated date of birth determined under subsection (1) shall—

• (a) be recorded in the applicant’s file, and

• (b) subject to section 62, be considered to be the applicant’s date of birth for the purposes of this Act.

62. Confirmation of age based on verifiable information

62. Where the age of an applicant is verified, the Determining Authority shall, if necessary, vary a determination made under this Chapter in respect of the applicant accordingly and the confirmed age of the applicant shall be reflected on the applicant’s file.

63. Regulations (Part 3) (Chapter 3)

63. (1) The Minister shall, after consultation with the Minister for Children, Disability and Equality, prescribe—

• (a) suitable means of multi-disciplinary assessment under section 56(1)(c)(v),

• (b) the qualifications, training or experience required for persons who carry out each type of multi-disciplinary assessment under section 55(3)(c)(i), and

• (c) any additional particulars required in relation to multi-disciplinary assessments under section 56.

• (2) The Minister shall, after consultation with the Minister for Children, Disability and Equality and the Minister for Health, prescribe—

• (a) suitable medical means of assessing the age of the applicant under section 57(3)(c),

• (b) the qualifications, training or experience required for persons who carry out each form of assessment under section 57(3)(d), and

• (c) any additional particulars required in relation to the assessments under section 57.

• (3) The Minister may make regulations for the purpose of prescribing any additional particulars and details required in relation to the request for a further age assessment under section 59.

Chapter 4 Consequences of making application

64. Authorisation to enter State

64. (1) Following the screening carried out in accordance with Chapter 2 of Part 2, an applicant shall, subject to subsection (2), be given an authorisation by the Minister that operates to allow the applicant to enter the State for the sole purpose of the examination of his or her application, including an appeal to the Tribunal in relation to the application.

• (2) The Minister shall refuse to give an authorisation under subsection (1) to an applicant—

• (a) to whom section 68(a), 68(b)(ii) or 188(3) applies, or

• (b) whose application is being examined under the asylum border procedure within the meaning of Chapter 6 of Part 7, unless section 176(4) or 183(3) applies.

• (3) Where, following the giving of an authorisation under subsection (1), the Determining Authority forms the opinion that section 178 applies in respect of an application, the Determining Authority shall inform the Minister and the Minister may revoke the authorisation.

• (4) Where an authorisation is revoked under subsection (3), the authorisation shall be deemed never to have been given.

65. Right to remain in State

65. (1) Subject to sections 66 and 68 and without prejudice to section 188, an applicant shall have the right to remain in the State until the Determining Authority has made a decision on his or her application.

• (2) An applicant shall—

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

• (b) inform the Minister of his or her address, telephone number and email address and any change to these within 48 hours of such a change, and

• (c) comply with such conditions as may be notified in writing to him or her under Part 5 by an immigration officer, a member of An Garda Síochána or an officer of the Minister.

• (3) The requirement that an applicant shall provide the Minister with his or her address or change of address shall not apply where housing is provided to the applicant by the State unless the applicant ceases to reside in that housing.

66. Limitation on right to remain

66. (1) A right to remain in the State under section 65 shall not constitute—

• (a) an authorisation given under section 64,

• (b) a permission given under section 4 of the Act of 2004, or

• (c) a right to travel to the territory of another Member State without a valid travel document.

• (2) Without prejudice to subsection (1)(b), the requirements to register set out in section 9 of the Act of 2004 shall not apply to an applicant who has a right to remain in the State under this Act.

67. Duty to cooperate

67. An applicant shall fully cooperate with the Determining Authority, the Tribunal, the Minister and An Garda Síochána for the duration of the procedure for international protection and, subject to section 68, shall remain present and available in the State in accordance with Article 4 of the Qualification Regulation.

68. Exception from right to remain

68. Without prejudice to the principle of non-refoulement or to section 188(3), an applicant shall not have the right to remain in the State where—

• (a) his or her application is—

• (i) a first subsequent application lodged merely in order to delay or frustrate the enforcement of a decision resulting in—

• (I) the application being rejected as inadmissible under section 157(2), and

• (II) the applicant’s imminent removal from the State,

or

• (ii) a second or further subsequent application following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded,

or

• (b) the applicant—

• (i) is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or an international tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order, or

• (ii) is considered by the Minister to be a danger to public order or national security, without prejudice to Articles 12 and 17 of the Qualification Regulation.

69. International protection applicant card

69. (1) The Minister shall, as soon as possible after the lodging of an application, subject to Article 29(5) of the Asylum Procedures Regulation, issue to the applicant a document (in either digital or physical format) (referred to in this section as an “international protection applicant card”).

• (2) The international protection applicant card shall contain—

• (a) the information listed in Article 29(4) of the Asylum Procedures Regulation, and

• (b) the date of registration of the relevant application.

• (3) The international protection applicant card shall not be proof of identity but shall be considered to be sufficient means for an applicant—

• (a) to identify himself or herself to authorities of the State, and

• (b) to access his or her rights for the duration of the procedure for international protection, whether under this Act, any other enactment or the EU acts.

• (4) An international protection applicant card shall cease to be valid—

• (a) where the person to whom it is issued no longer has a right to remain in the State in accordance with this Part or Part 8, or

• (b) upon the grant to the applicant of refugee status or subsidiary protection status.

• (5) An international protection applicant card shall at all times remain the property of the Minister and the person to whom it is issued shall surrender or dispose of it without delay—

• (a) where it ceases to be valid under subsection (4), or

• (b) upon request by the Minister.

• (6) A person who forges, fraudulently alters, assists in forging or fraudulently altering, or procures the forging or fraudulent alteration of an international protection applicant card shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 5 years, or both.

• (7) Where an application is not lodged upon registration, the Minister shall issue a document to the applicant in accordance with Article 29(1) of the Asylum Procedures Regulation.

• (8) In the case of an applicant who is a minor, an international protection application card, or a document which is issued under subsection (7), issued to one of the parents of the applicant or the adult who has responsibility for his or her care and protection may also be used in respect of the minor for the purposes set out in this Chapter, if appropriate.

Chapter 5 Withdrawal of application

70. Explicit withdrawal of application

70. (1) An applicant may at any time (whether at first instance or on appeal) express an intention to withdraw his or her application by notice in writing addressed to—

• (a) the Determining Authority (at first instance), or

• (b) the Tribunal (on appeal).

• (2) Where notice is given pursuant to subsection (1)(a), the Determining Authority shall—

• (a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and

• (b) make a declaration that the application has been explicitly withdrawn.

• (3) Where notice is given pursuant to subsection (1)(b), the Tribunal shall—

• (a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and

• (b) inform the Determining Authority of the withdrawal of the application.

• (4) After receiving a notice under subsection (3)(b), the Determining Authority shall adopt a decision declaring that the application has been explicitly withdrawn.

• (5) Notwithstanding subsection (2)(b) or (4), if, at the stage that the application is explicitly withdrawn by the applicant, the Determining Authority has already found that the applicant does not qualify for international protection, the Determining Authority may still take a decision to reject the application as unfounded or manifestly unfounded.

71. Implicit withdrawal of application

71. (1) The following are the grounds for implicit withdrawal:

• (a) the applicant, without good cause, has not lodged his or her application in accordance with section 40 and Article 28 of the Asylum Procedures Regulation, despite having had an effective opportunity to do so;

• (b) the applicant refuses to cooperate by not providing—

• (i) the information referred to in paragraphs (a) to (g) of section 39(2), or