INTERNATIONAL PROTECTION ACT 2026

108. Review of restriction of freedom of movement

108. (1) A person who is the subject of a requirement under section 102 or 103 may, within 5 working days of the date of the making of that requirement, apply in writing to the Minister for a review of the requirement or of part of it.

• (2) The Minister, on receipt of an application under subsection (1), shall appoint an officer of the Minister (referred to in this Chapter as a “review officer”) to perform the functions of a review officer under this section.

• (3) Where the requirement under review was made by a member of An Garda Síochána, the officer of the Minister appointed shall be of Executive Officer grade or higher.

• (4) Where the decision under review was made by an officer of the Minister or an immigration officer, the Minister shall appoint an officer of the Minister of a rank that is the same or higher than the officer who made the decision that gave rise to the application for a review.

• (5) The review officer, having reviewed the requirement that gave rise to the application for a review, may vary, affirm or set aside the requirement.

• (6) A review officer shall within 10 working days notify the person the subject of the requirement of his or her decision under subsection (5) and where the requirement is varied or affirmed of the reasons for it.

• (7) Where a person applies under subsection (1) for a review of a requirement, the requirement shall remain in force until, as the case may be—

• (a) the review officer notifies the person of his or her decision to vary the requirement,

• (b) the review officer notifies the person of his or her decision to set aside the requirement,

• (c) where the decision of the review officer referred to in subsection (5) is appealed to the Tribunal, the Tribunal notifies the person of its decision to vary or set aside the decision, or

• (d) the requirement is otherwise varied by an immigration officer, an officer of the Minister or a member of An Garda Síochána.

109. Appeal from decision of review officer

109. (1) An applicant who is dissatisfied with a decision of a review officer under section 108 may, within 10 working days of the date of the notice of the decision, appeal, in fact and law, against that decision to the Tribunal.

• (2) The Tribunal may extend the 10 day period referred to in subsection (1) in exceptional circumstances or in the interests of justice.

• (3) An appeal under subsection (1) shall be made in writing in the form required by the Tribunal and shall include copies of any documents referred to in the appeal.

• (4) The Director of the Tribunal shall assign an Appeals Officer (within the meaning of Part 13) to consider and determine appeals under this section and a reference in this section to the assigned Appeals Officer shall be construed as a reference to the Appeals Officer so assigned.

• (5) The assigned Appeals Officer of the Tribunal shall—

• (a) determine an appeal under this section within a reasonable time having regard to any guidelines issued by the Chief Appeals Officer under section 247(2), and

• (b) unless he or she considers it is not in the interests of justice to do so, and having had regard to the guidelines issued under section 247(2), make his or her determination in relation to the appeal without holding an oral hearing.

• (6) The determination of the assigned Appeals Officer under subsection (5) shall be to affirm, vary or set aside the decision of the review officer.

110. Request to reside temporarily outside specified place

110. (1) An applicant who is subject to a requirement under section 102 or 113(1)(b) may make a request to the Minister, in writing, for permission to reside temporarily outside the place specified in the requirement.

• (2) Where a request is made under subsection (1), the decision regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.

• (3) An applicant may attend appointments with authorities and courts if his or her attendance is necessary and shall notify an immigration officer or a member of An Garda Síochána of such appointments.

• (4) The Minister may make regulations providing for procedures for making an application under this section, which may include making such an application electronically by uploading a request to a website or portal.

Chapter 3 Detention and alternatives to detention

111. Prohibition of detention on certain grounds

111. (1) A person shall not be arrested, or detained, in the State—

• (a) for the sole reason that he or she is an applicant,

• (b) on the basis that he or she is an applicant of a particular nationality, or

• (c) for the sole reason that he or she is subject to a procedure under the Asylum and Migration Management Regulation.

• (2) Detention under this Chapter shall not be punitive in nature.

112. Grounds of detention and application of alternatives to detention

112. The following grounds are the grounds referred to in sections 113 and 118:

• (a) to determine or verify the identity or nationality of the applicant;

• (b) to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding;

• (c) to ensure compliance with a requirement under section 102 to which the applicant is subject where—

• (i) the applicant has not complied with such requirement, and

• (ii) there continues to be a risk of absconding;

• (d) to decide, in the context of the asylum border procedure, under Chapter 6 of Part 7, whether the applicant should be authorised to enter the State;

• (e) in circumstances where—

• (i) the applicant—

• (I) is detained under—

• (A) section 223 or 230,

• (B) subsection (1) or (2) of section 5 of the Act of 1999,

• (C) paragraph (a) of subsection (2) of section 5 of the Act of 2003,

• (D) subsection (3) of section 3 of the Immigration Act 2004, or

• (E) Regulation 22(1) of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015),

or

• (II) is serving a prison sentence following a conviction and is subject to a deportation order,

in order to prepare the return, or carry out the removal process, and

• (ii) the Minister can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of a return decision or deportation order;

• (f) in order to ensure transfer procedures are carried out in accordance with the Asylum and Migration Management Regulation in circumstances where the Minister takes a decision under section 138 to transfer an applicant to the Member State responsible or the Member State of relocation (within the meaning of the Asylum and Migration Management Regulation) and—

• (i) there is a risk of the applicant absconding, or

• (ii) the protection of national security or public order so requires;

• (g) when protection of national security or public order so requires.

113. Alternatives to detention

113. (1) An immigration officer or a member of An Garda Síochána may, following an individual assessment in relation to an applicant, make any one or more than one of the following requirements of the applicant on the grounds set out in section 112:

• (a) a requirement to—

• (i) attend at a specified place, that is not a place of detention, at, or by, a specified time,

• (ii) remain at a specified place that is not a place of detention, during a particular time period or for a specified period of time, and

• (iii) allow himself or herself to be conveyed by a specified vehicle to a specified place,

in order to comply with a procedural requirement relating to his or her application for international protection, subject to section 114(2), for a maximum aggregate period of 12 hours to enable the applicant to comply with such a procedural requirement;

• (b) a requirement to reside at a specified place that is not a place of detention;

• (c) a requirement to report to an immigration officer or a member of An Garda Síochána at a specified time or at reasonable, specified intervals.

• (2) An immigration officer or a member of An Garda Síochána shall not detain an applicant under section 118 unless he or she has considered whether or not any of the alternatives to detention provided for in this section can be effectively applied for the purposes of the relevant ground for detention set out in section 112.

114. Measures relating to minors

114. (1) In exceptional circumstances, an immigration officer or a member of An Garda Síochána may make a requirement referred to in section 113 of an applicant who is a minor—

• (a) in the case of an accompanied minor, where the minor’s parent or primary care giver is the subject of a requirement under section 113,

• (b) in the case of an unaccompanied minor, where such requirement safeguards the minor, and

• (c) after it has been established that making the requirement of the minor is assessed to be in the best interests of the minor.

• (2) A minor shall not be required to attend or remain at a specified place under section 113(1)(a) for any longer than 12 hours.

• (3) Where a requirement under section 113 is made of an applicant who is a minor, the requirement and any information to be given to the applicant shall also be given to the minor’s parent or another adult responsible for the minor, or where appointed or designated, the minor’s provisional representative person or representative person.

115. Application of alternative to detention

115. (1) A requirement under section 113 shall be—

• (a) based on an individual assessment of the applicant’s circumstances,

• (b) proportionate to the ground specified in section 112 on which it is made, and

• (c) in the case of a requirement under section 113(1)(a), of such duration only as is required to comply with the relevant procedural requirement.

• (2) A requirement under section 113 shall—

• (a) be in writing,

• (b) state the reasons in fact and, where relevant, in law for the requirement,

• (c) be communicated to the applicant to whom it is made in writing together with information regarding the procedures for challenging the requirement and the consequences of non-compliance with the obligations imposed by the requirement, and

• (d) be in a language that the applicant understands or is reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

• (3) A person who makes a requirement under section 113 shall, without delay, inform the person who is the subject of the requirement, or cause him or her to be informed, in writing, in a language that he or she understands or may reasonably be supposed to understand, of—

• (a) the requirement,

• (b) the reason for the requirement and the relevant ground specified in section 112,

• (c) the possible consequences of not complying with the procedural requirement identified in the requirement,

• (d) his or her right to appeal or challenge the requirement,

• (e) the procedures for making such an appeal or challenge, and

• (f) his or her right to seek legal assistance and legal representation in respect of an appeal or challenge to the requirement.

• (4) A person the subject of a requirement under section 113 is entitled to the assistance of an interpreter for the purpose of consultation with a legal representative and for the purpose of any appearance before a court in order to challenge the requirement.

116. Power to vary requirement under section 113

116. (1) An immigration officer or a member of An Garda Síochána may vary a requirement under section 113 where the circumstances relating to the making of the requirement change and in such other particular circumstances as the Minister may prescribe.

• (2) A person who is the subject of a requirement under section 113 may apply to the Minister, in such form and manner as the Minister may prescribe, to have the requirement varied.

• (3) In the case of a minor who is subject to a requirement under section 113, an application under subsection (2) may be made by the minor’s parent or another adult responsible for the minor or, where appointed or designated, the minor’s provisional representative person or representative person.

• (4) Without prejudice to subsection (2), the Minister may, in particular, prescribe the changes of circumstances which may be the basis of an application under that subsection.

117. Appeal of requirement under section 113

117. (1) A person of whom a requirement is made under section 113 may, while such requirement is in force, appeal to the District Court against the requirement.

• (2) In the case of a minor, an appeal under subsection (1) may be brought by the minor’s parent or another adult responsible for the minor or, where appointed or designated, the minor’s provisional representative person or representative person.

• (3) The District Court, on the hearing of an appeal under subsection (1), may, as it thinks proper, affirm, revoke or vary the requirement.

118. Arrest and detention of applicants

118. (1) A person shall be detained under this section only for as short a period as possible having regard to the reason for the detention and in the case of detention under section 112(f) for no longer than the time reasonably necessary to complete the required administrative procedures with due diligence until the transfer is carried out.

• (2) An immigration officer or a member of An Garda Síochána may arrest without warrant and detain an applicant, other than an applicant who is a minor, on one or more of the grounds specified in section 112, where—

• (a) he or she, or another immigration officer or member of An Garda Síochána, has carried out an individual assessment in relation to the applicant, and

• (b) he or she is of the opinion—

• (i) that the other less coercive alternative measures provided for in section 113 cannot be applied effectively, and

• (ii) that such detention is necessary.

• (3) A person detained under subsection (2) shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

• (4) An immigration officer or, as the case may be, a member of An Garda Síochána who detains a person under this section shall immediately inform the person, or cause him or her to be informed, in writing, in a language that he or she understands or may reasonably be supposed to understand—

• (a) that he or she is being detained under this section,

• (b) of the reasons for his or her detention,

• (c) that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released,

• (d) that he or she is entitled to—

• (i) seek free legal assistance and legal representation,

• (ii) consult a legal representative, and

• (iii) challenge his or her detention by making a complaint under Article 40.4.2° of the Constitution,

and

• (e) of the procedures for making a complaint under Article 40.4.2° of the Constitution.

• (5) Where a person is brought before a judge of the District Court under subsection (3), the judge may—

• (a) subject to subsection (6), and if satisfied that one or more of the paragraphs of section 112 apply in relation to the person, commit the person concerned to—

• (i) a specialised detention facility, or

• (ii) where accommodation cannot be provided at such a facility, to such other appropriate place,

prescribed by the Minister for the purposes of this Part (referred to in this Part as a “place of detention”) for a period not exceeding 21 days from the time of his or her detention, or

• (b) without prejudice to subsection (6), order the release of the person and make such release subject to such conditions as the judge may direct, including a requirement under section 113, to be supervised by an immigration officer or a member of An Garda Síochána, or a requirement to surrender any passport or other travel document that he or she holds.

• (6) If, at any time during the detention of a person under this section, an immigration officer or a member of An Garda Síochána is of the opinion that none of the paragraphs of section 112 applies in relation to the person, the person shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and, if the judge is satisfied that none of the paragraphs of section 112 applies in relation to the person, the judge shall order the release of the person.

• (7) Where a person is released from a place of detention subject to one or more of the conditions referred to in subsection (5)(b), a judge of the District Court assigned to the District Court district in which the person’s dwelling is situated may, on the application of the person, an immigration officer or a member of An Garda Síochána, if the judge considers it appropriate to do so, vary, revoke or add a condition to the release, and a reference in this section to a condition referred to in subsection (5)(b) shall be construed as including a reference to such a condition as varied or added to under this subsection.

• (8) A member of An Garda Síochána may arrest without warrant and detain, in a place of detention, a person who, in the member’s opinion, has failed to comply with a condition imposed by the District Court under subsection (5)(b).

• (9) A person detained under subsection (8) shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained, and subsections (5), (6) and (7) shall apply to such person detained under subsection (8) as they apply to a person referred to in subsection (3), subject to the modifications that references in those subsections to the judge being satisfied that one or more of the paragraphs of section 112 apply shall be construed as a reference to his or her being satisfied that the person has failed to comply with a condition referred to in subsection (5)(b) and any other necessary modifications.

• (10) If a judge of the District Court is satisfied in relation to a person brought before him or her under subsection (8) that the person has complied with the condition referred to in that subsection, the judge shall order the release of the person.

• (11) Where a person is detained under subsection (2) or (8), a judge of the District Court assigned to the District Court district in which the person is being detained may, if satisfied that one or more of the paragraphs of section 112 applies in relation to the person, commit the person for further periods (each period being a period not exceeding 21 days) pending the determination of the person’s application for international protection.

119. Detention as last resort

119. (1) Minors shall, as a rule, not be detained but shall be placed in suitable accommodation in accordance with Chapter 2 of Part 4.

• (2) Without prejudice to section 118, an immigration officer or a member of An Garda Síochána may arrest without warrant and detain an applicant who has in his or her custody an applicant who is a minor (whether the applicant is a parent of the minor or a person acting in loco parentis or any other person) where—

• (a) it is necessary for the purposes of determining or verifying the identity or nationality of the applicant,

• (b) the member or officer is satisfied that a requirement under section 113 cannot be applied in relation to the applicant effectively, and

• (c) the minor in the applicant’s custody is detained in accordance with subsection (3).

• (3) An immigration officer or a member of An Garda Síochána may, in exceptional circumstances and as a measure of last resort, arrest without warrant and detain a minor who is in the custody of an applicant (whether the applicant is a parent or a person acting in loco parentis or any other person) where that applicant is detained in accordance with subsection (2) and where—

• (a) it is necessary for the purposes of determining or verifying the identity or nationality of the minor,

• (b) the member or officer is satisfied that a requirement under section 113 cannot be applied in relation to the minor effectively, and

• (c) it is assessed by the member or officer that the detention is in the minor’s best interests.

• (4) An immigration officer or a member of An Garda Síochána may, in exceptional circumstances and as a measure of last resort, arrest without warrant an applicant who is an unaccompanied minor and detain the unaccompanied minor where—

• (a) it is necessary for the purposes of determining or verifying the identity or nationality of the unaccompanied minor,

• (b) the member or officer is satisfied that a requirement under section 113 cannot be applied effectively, and

• (c) it is assessed by the member or officer that the detention is in the unaccompanied minor’s best interests and safeguards the unaccompanied minor.

• (5) A minor referred to in subsection (3) or (4) shall be detained—

• (a) for the shortest possible period of time having regard to the purpose of the detention, and in any event for a maximum period of 12 hours,

• (b) separately from adults (other than the minor’s parent or a person acting in loco parentis),

• (c) in the case of an unaccompanied minor, in facilities (or in a vehicle for the purposes of bringing the minor to facilities)—

• (i) adapted to the housing of unaccompanied minors, prescribed by the Minister for that purpose (which shall not be a prison, children detention school or Garda Síochána station), and

• (ii) provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs,

and

• (d) in the case of an accompanied minor, in facilities (or in a vehicle for the purposes of bringing the minor to facilities) adapted to the needs of minors.

• (6) An applicant detained under subsection (2) shall be detained—

• (a) with the minor who was in his or her custody who is detained in accordance with subsection (3), and

• (b) for the shortest possible period of time having regard to the purpose of the detention and, in any event, for a maximum period of 12 hours.

• (7) A person detained under this section shall be detained under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of An Garda Síochána for the time being in charge of the place at which he or she is detained.

• (8) A warrant referred to in subsection (7) shall state—

• (a) the reasons in fact and in law, including the ground under section 112, on which the detention is based,

• (b) the alternative measures to detention under section 113 considered by the officer or member detaining the applicant, and

• (c) the reasons why those alternative measures cannot be applied effectively.

• (9) An immigration officer or, as the case may be, a member of An Garda Síochána who detains a person under this section shall immediately inform the person, or, in the case of a minor, the minor and the adult responsible for the minor or his or her representative person or provisional representative person (where appointed) in writing, in a language that he or she understands or may reasonably be supposed to understand—

• (a) that he or she is being detained under this section,

• (b) of the reasons for his or her detention,

• (c) that he or she is entitled to—

• (i) seek free legal assistance and legal representation,

• (ii) consult a legal representative, and

• (iii) challenge his or her detention by making a complaint under Article 40.4.2° of the Constitution,

and

• (d) of the procedures for making a complaint under Article 40.4.2° of the Constitution.

• (10) The Minister may make regulations providing for the form of a warrant referred to in subsection (7) and prescribing standards of treatment of persons detained under this section.

120. Offences (Part 5)

120. (1) An applicant shall not behave in a manner likely to endanger the applicant’s safety or the safety of others in the course of the performance of a function by an immigration officer or a member of An Garda Síochána under this Part.

• (2) A person shall not obstruct or hinder an immigration officer or a member of An Garda Síochána engaged in the performance of a function under this Part.

• (3) A person who contravenes subsection (1) or (2) 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.

121. Rights of detained person

121. A person detained under section 119 is entitled to—

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

• (b) be informed of his or her right to make a complaint under Article 40.4.2° of the Constitution and of the procedures for doing so,

• (c) seek legal assistance and legal representation,

• (d) consult a legal representative,

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

• (f) the assistance of an interpreter for the purpose of consultation with a legal representative under paragraph (d) and for the purpose of any appearance before a court relating to his or her detention.

122. Detention of persons with special reception needs

122. (1) An immigration officer or a member of An Garda Síochána shall not detain an applicant with special reception needs under section 118 where to do so would put his or her physical and mental health at serious risk.

• (2) When detaining an applicant under this Part, the immigration officer or member of An Garda Síochána shall take into account any visible signs, statements or behaviour indicating that the applicant has special reception needs.

• (3) Where a person is detained under this Part and the assessment provided for in section 81 has not yet been completed, it shall be completed without undue delay and the results of the assessment shall be taken into account when deciding whether to continue detention or whether the detention conditions need to be adjusted.

• (4) Where an applicant with special reception needs is detained under this Part, the Minister shall ensure that the health, including the mental health, of the applicant shall be of primary concern while he or she is in detention.

• (5) Where applicants with special reception needs are detained, the Minister shall ensure regular monitoring of, and the provision of timely and adequate support to, those applicants, taking into account their particular situation, including their physical and mental health.

123. Notification to Child and Family Agency where minor in custody of detained person

123. Where an applicant is detained under section 118 and a minor is in the custody of the detained applicant (whether the applicant is a parent or a person acting in loco parentis or any other person), an immigration officer or a member of An Garda Síochána shall notify the Child and Family Agency of the detention and its circumstances without delay.

124. Administrative delay while applicant is in detention

124. (1) The Minister shall ensure that administrative procedures relevant to the grounds of detention set out in section 118 are executed with due diligence.

• (2) Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.

125. Conditions of detention

125. (1) Where an applicant detained under section 118 is kept in prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Part shall apply.

• (2) Detained applicants shall, as far as possible, be kept separately from other third country nationals who have not lodged an application for international protection.

• (3) Where applicants cannot be detained separately from other third-country nationals, the Minister shall ensure that the detention conditions provided for by or under this Part are applied.

• (4) Detained applicants shall have access to open-air spaces.

• (5) Persons representing the High Commissioner and organisations which are working on the territory of the State on behalf of the High Commissioner pursuant to an agreement with the State shall have the possibility to communicate with and visit applicants in conditions that respect privacy.

• (6) Family members, legal representatives and persons representing relevant non-governmental organisations recognised by the State shall have the possibility to communicate with and visit applicants in conditions that respect privacy.

• (7) For the purposes of this section, limits to access to the place of detention may be imposed only where they are objectively necessary for security, public order or the administrative management of the place of detention, and provided that access is not thereby severely restricted or rendered impossible.

• (8) The person in charge of the place of detention in which an applicant is, or is to be, detained under section 118 or 119 shall, without delay, provide the applicant with information—

• (a) that explains the rules applied in the place of detention in which the detained applicant is, or is to be, detained, and

• (b) setting out, in a language that he or she understands or may reasonably be supposed to understand, the detained applicant’s rights and obligations while he or she is detained in the place of detention.

PART 6 Asylum and Migration Management

Chapter 1 Preliminary and general

126. Interpretation (Part 6)

126. (1) In this Part—

“determining Member State” means the Member State carrying out the procedure specified in the Asylum and Migration Management Regulation to determine the Member State responsible;

“Member State” means—

• (a) a Member State of the European Union,

• (b) Norway,

• (c) Iceland,

• (d) Switzerland, and

• (e) Liechtenstein;

“person subject to the transfer procedure” means a person referred to in section 143(1);

“transfer decision” means a decision taken by the Minister to transfer an applicant to the requested Member State, where the State is the requesting Member State and the requested Member State has accepted to take charge of, or to take back, that applicant or person.

• (2) A word or expression that is used in this Part and is also used in the Asylum and Migration Management Regulation has the same meaning in this Part as it has in the Asylum and Migration Management Regulation unless the contrary intention appears.

• (3) A reference in this Part to a numbered Article is a reference to the Article so numbered of the Asylum and Migration Management Regulation.

127. Best interests of child (Part 6)

127. (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) The Minister shall give priority to procedures in their application to minors.

128. Minister to share information for purposes of asylum and migration management

128. (1) The Minister may request, and shall share, information in accordance with Article 51.

• (2) The Minister shall ensure that any information shared with the Minister in accordance with subsection (1) is only—

• (a) used for the purposes set out in paragraph (1) of Article 51, and

• (b) communicated in accordance with paragraph (7) of that Article.

• (3) The Minister shall inform the applicant of, and keep a record of, information exchanged in accordance with Article 51.

129. Minister to provide applicant with information on application of Asylum and Migration Management Regulation

129. (1) The Minister shall provide the applicant with information on the application of the Asylum and Migration Management Regulation, in accordance with Articles 19 and 20, on his or her rights pursuant to that Regulation and on his or her obligations set out in Article 17 as well as the consequences of non-compliance set out in Article 18 in either electronic or paper format as soon as possible and in any event by the date when an application for international protection is registered in the State.

• (2) Without prejudice to subsection (1), an applicant and, where the applicant is a minor, the parent or representative of the minor, may request information regarding the progress of the procedure and the Minister shall comply with such a request.

130. Minister may request another Member State to take charge of applicant to bring family together

130. (1) Where—

• (a) an application for international protection has been registered in the State and the Minister is carrying out the procedure for determining the Member State responsible, or

• (b) the State is the Member State responsible,

the Minister may, at any time before a first decision regarding the substance of an application is taken, with the express consent of the persons concerned to that effect in writing, request another Member State to take charge of the applicant in order to bring together any family relations, on humanitarian grounds based in particular on meaningful links regarding family, social or cultural considerations, even where that other Member State is not responsible according to the criteria laid down in Articles 25 to 28 and Article 34.

• (2) The take charge request referred to in subsection (1) shall contain all the material in the possession of the Minister necessary to allow the requested Member State to assess the situation.

Chapter 2 Determination of Member State responsible

131. Minister to determine Member State responsible

131. (1) Where the State is—

• (a) the Member State where an application for international protection is first registered pursuant to the Asylum Procedures Regulation, or

• (b) the Member State of relocation,

the Minister shall determine the Member State responsible in accordance with the Asylum and Migration Management Regulation without delay.

• (2) If the applicant absconds, the Minister shall continue the procedure for determining the Member State responsible.

• (3) Where the Minister has conducted the procedure for determining the Member State responsible, or the State has become responsible pursuant to Article 16(4), the Minister shall without delay indicate each of the following in Eurodac pursuant to Article 16(1) of the Eurodac Regulation:

• (a) the State’s responsibility pursuant to Article 16(2);

• (b) the State’s responsibility pursuant to Article 16(3);

• (c) the State’s responsibility pursuant to Article 16(4);

• (d) the State’s responsibility due to its failure to comply with the time limits laid down in Article 39;

• (e) the responsibility of the Member State which has accepted a request to take charge of the applicant pursuant to Article 40;

• (f) the State’s responsibility pursuant to Article 68(3).

132. Determination of Member State responsible — assessment whether applicant poses threat to internal security

132. (1) Where—

• (a) a security check provided for in Article 15 of the Screening Regulation and sections 32 and 33 has not been carried out pursuant to that Regulation, and

• (b) the State is the first Member State in which the application for international protection was registered,

the Minister shall examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III of the Asylum and Migration Management Regulation.

• (2) Where—

• (a) a security check provided for in Article 15 of the Screening Regulation and sections 32 and 33 has been carried out,

• (b) the State is the first Member State in which the application for international protection was registered, and

• (c) the Minister has justified reasons to examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security,

the Minister shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III of the Asylum and Migration Management Regulation.

• (3) Where the security check carried out in accordance with subsection (1) or (2) shows that there are reasonable grounds to consider that the applicant poses a threat to internal security, the State shall be the Member State responsible, and Article 39 shall not apply.

133. Personal interview for determining Member State responsible

133. (1) In order to facilitate the procedure for determining the Member State responsible and to enable the applicant to properly understand the information received in accordance with section 129, the Minister shall, subject to section 135, conduct a personal interview with the applicant (referred to in this Chapter as an “Article 22 interview”) in accordance with Article 22 for the purpose of applying Article 39.

• (2) At the Article 22 interview, the applicant shall be given the opportunity to present duly motivated reasons to the Minister in order for the Minister to consider applying Article 35(1).

• (3) The Minister shall fix, and notify the applicant in writing of, the time and place of the Article 22 interview and shall ensure that the interview takes place in a timely manner and, in any event, before any take charge request is made pursuant to Article 39.

134. Offence of forging or altering recording or summary of Article 22 interview

134. A person who forges, fraudulently alters, assists in forging or fraudulently altering, or procures the forging or fraudulent alteration of, an audio recording of an Article 22 interview or a written summary thereof, or utters such a summary or recording knowing it to be forged or fraudulently altered, 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 to 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 to both.

135. Circumstances in which Article 22 interview may be omitted

135. (1) The Minister may omit an Article 22 interview in any of the following circumstances:

• (a) the applicant has absconded;

• (b) the applicant has not attended the Article 22 interview and has not provided justified reasons for his or her absence;

• (c) the applicant, after having received the information referred to in section 129, has already provided the information relevant to determine the Member State responsible by other means.

• (2) Where the Minister omits an Article 22 interview in the circumstances referred to in subsection (1)(c) the Minister shall give the applicant the opportunity to present all further information which is relevant to correctly determine the Member State responsible within the period referred to in Article 39(1) including duly motivated reasons for the authority to consider the need for an Article 22 interview.

Chapter 3 Transfers

136. Request by State to other Member State to take charge of, or take back, applicant

136. The Minister may, and as the case may be, shall submit—

• (a) a take charge request, or

• (b) a take back notification,

in accordance with the Asylum and Migration Management Regulation and shall carry out the functions of the State in relation to such a notification or request in accordance with that Regulation.

137. Functions of Minister where State is transferring Member State

137. Where the State is the transferring Member State under the Asylum and Migration Management Regulation, the Minister shall perform the functions of the transferring Member State in accordance with that Regulation.

138. Minister to take transfer decision

138. Where the State is the determining Member State and the Minister has made—

• (a) a take charge request as regards the applicant referred to in Article 36(1), point (a) that has been accepted, or

• (b) a take back notification as regards persons referred to in Article 36(1), point (b) and (c),

the Minister shall take a transfer decision in accordance with the Asylum and Migration Management Regulation.

139. Notification of transfer decision

139. (1) Where the Minister takes a decision under section 138 to transfer an applicant to the Member State responsible or the Member State of relocation, the Minister shall notify, and provide or communicate information to—

• (a) the person concerned, and

• (b) any legal representative representing the person concerned,

in accordance with Article 42.

• (2) The transfer decision shall state that the relevant reception conditions have been withdrawn in accordance with Article 21 of the Reception Conditions Directive.

140. Appeal against transfer decision

140. (1) Where the Minister takes a transfer decision under section 138, the person concerned may appeal to the Tribunal against the decision by notice in writing within a period of one week from the date of receipt of the notification of the decision under section 139.

• (2) On an appeal under subsection (1), the findings that the Tribunal may make shall be limited to the following:

• (a) whether the transfer would, for the person concerned, result in a real risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter;

• (b) whether there are circumstances subsequent to the transfer decision that are decisive for the correct application of the Asylum and Migration Management Regulation and this Part;

• (c) whether Articles 25 to 28 and 34 have been infringed, in the case of persons taken charge of pursuant to Article 36(1), point (a).

• (3) An appeal shall specify, in writing, the grounds of appeal and indicate whether the appellant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.

• (4) On receipt of a notice under subsection (1), the Tribunal shall transmit a copy of the notice to the Minister and notify the Minister of the making of the appeal.

• (5) The Minister shall without delay, following receipt of a copy of the notice under subsection (1), cause the Tribunal to be provided with copies of any documents, reports, or representations in writing submitted to the Minister in relation to the transfer decision and shall cause the Tribunal to be provided with an indication of the nature and source of any other information relating to the transfer decision that has come to the notice of the Minister in the course of the making of the transfer decision.

• (6) The Tribunal may direct that the Minister do the following:

• (a) cause such inquiries as the Tribunal considers necessary or expedient for the purpose of deciding the appeal to be made with another Member State;

• (b) cause the Tribunal to be furnished with such further information as the Tribunal considers necessary or expedient for the purpose of deciding the appeal.

• (7) Where the Tribunal grants a request to remain under section 141, the Tribunal shall endeavour to decide on the substance of the appeal within one month of granting the request.

• (8) The Minister may, in consultation with the Chief Appeals Officer and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals and requests to remain under this Part, including the holding of oral hearings and, in doing so, may prescribe different procedures in respect of different classes of appeals and different classes of requests to remain.

• (9) In relation to an appeal under this section against the making of a transfer decision, the Tribunal may—

• (a) affirm the transfer decision, or

• (b) set aside the transfer decision.

• (10) The Tribunal’s decision shall be in writing and shall include the reasons for the decision.

• (11) Where the Tribunal makes a decision under subsection (9) it shall send a copy of the decision to the person concerned and his or her legal representative (if any) and to the Minister within one month of the notice under subsection (1).

141. Request to remain in State pending appeal

141. (1) A person who appeals a transfer decision under section 140 (referred to in this section as the “person concerned”) may, within the period of one week referred to in that section and in accordance with regulations (if any) under section 198, submit a request in writing to the Tribunal to be allowed to remain in the State (in this Part referred to as a “request to remain”) pending the outcome of his or her appeal.

• (2) A request to remain shall—

• (a) specify, in writing, the grounds on which the request is made, and

• (b) indicate whether the person concerned wishes the Tribunal to hold an oral hearing for the purpose of determining the request.

• (3) The Tribunal may, without prejudice to the principle of non-refoulement—

• (a) grant a request to remain, or

• (b) refuse a request to remain.

• (4) A decision to refuse a request to remain shall state the reasons on which it is based.

• (5) The Tribunal shall, within 5 days of the date of the request under subsection (1), take a decision under subsection (3) and send a copy of the decision to—

• (a) the person concerned and his or her legal representative (if any), and

• (b) the Minister.

• (6) Where the person concerned does not make a request under subsection (1), an appeal against, or review of, the transfer decision shall not suspend the implementation of the transfer decision.

• (7) Notwithstanding subsection (6), the Minister shall not implement a transfer decision—

• (a) before the expiry of the period in which an appeal against the transfer decision may be lodged under section 140(1), and

• (b) where a request to suspend the implementation of the transfer decision is made under subsection (1), before the expiry of the period in which the Tribunal is to take a decision under subsection (5).

142. Additional functions of Minister in relation to transfer decision

142. The Minister shall—

• (a) consult with the Member State responsible before an applicant or another person as referred to in Article 36(1), points (b) and (c) is transferred from the State to that state, and

• (b) ensure that the transfer be carried out as soon as practically possible and within the timelines set out in Article 46.

143. Transfer of applicant from State to Member State responsible

143. (1) Where the Minister takes a transfer decision referred to in Article 42(1), the applicant concerned may be transferred in accordance with Article 46 where he or she—

• (a) does not make a request to remain,

• (b) is unsuccessful in his or her request to remain,

• (c) does not appeal under section 140, or

• (d) appeals under section 140 and the Tribunal affirms the transfer decision.

• (2) The Minister shall, where necessary, in order to facilitate the transfer of a person subject to the transfer procedure, issue to the person a laissez-passer or such other travel document as the Minister considers appropriate.

144. Powers of immigration officer, etc. for purposes of facilitating transfer

144. (1) An immigration officer or a member of An Garda Síochána may, for the purpose of facilitating the transfer of a person to whom section 143 applies, by notice in writing require the person to comply with one or more than one of the following conditions:

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

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

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

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

• (2) A person who is the subject of a transfer decision shall comply with a requirement under subsection (1).

• (3) The Minister may by regulations provide for procedures by which an applicant may demonstrate compliance with a requirement under subsection (1)(d), including, without prejudice to the generality of this subsection—

• (a) reporting by use of electronic means from a specified location other than in the presence of the relevant immigration officer or member of An Garda Síochána,

• (b) verification by a person the subject of a requirement under subsection (1) of his or her identity by use of an identity card, a password or prescribed personal data,

• (c) the sharing, storage, processing and use of personal data for the purposes of verifying the identity of a person who reports from a specified location other than in the presence of the relevant immigration officer or member of An Garda Síochána.

145. Arrest and detention of applicant subject of transfer decision

145. (1) Where the Minister takes a decision under section 138 to transfer an applicant to whom section 143 applies to the Member State responsible or the Member State of relocation and an immigration officer or a member of An Garda Síochána considers on the basis of an individual assessment of the individual case—

• (a) that specific reasons or circumstances exist to believe that there is a serious risk that the person might abscond, or

• (b) that the protection of national security or public order so requires,

the officer or member (in this section referred to as the “arresting officer or member”) may, in order to ensure transfer procedures in accordance with the Asylum and Migration Management Regulation and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, arrest and detain the person concerned in accordance with this section without warrant.

• (2) The arresting officer or member shall detain the person concerned for as short a period as possible and for no longer than the time reasonably necessary to facilitate the transfer of the person under the Asylum and Migration Management Regulation or to complete the required administrative procedures with due diligence until the transfer is carried out.

• (3) A person arrested in accordance with subsection (1) may be taken by an immigration officer or a member of An Garda Síochána to a prescribed place of detention and detained—

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

• (b) without prejudice to subsection (2), for a period not exceeding 5 weeks.

• (4) For the purpose of arresting a person under subsection (1), an immigration officer or member of An Garda Síochána may enter (if necessary by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or member, with reasonable cause, suspects the person to be.

• (5) Where the premises where the person is, or where the immigration officer or member suspects the person to be, is a dwelling the immigration officer or member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or member to be in charge of the dwelling, enter that dwelling unless—

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

• (b) the immigration officer or member believes on reasonable grounds that the person is within the dwelling.

• (6) The matters to which an officer or member referred to in subsection (1) may have regard, in considering whether there is a serious risk that the person subject to the transfer procedure might abscond, include the following:

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

• (b) whether the person has failed to comply with a requirement under section 144;

• (c) whether the person, having been informed of arrangements for his or her transfer, has failed to cooperate with those arrangements;

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

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

• (f) whether the person is being, or has been, detained under Part 5.

• (7) Subject to subsection (8), subsections (1) and (3) shall not apply to a person subject to the transfer procedure who is under the age of 18 years.

• (8) If and for so long as the immigration officer or member of An Garda Síochána concerned has reasonable grounds for believing that the person subject to the transfer procedure is not under the age of 18 years, the provisions of subsections (1) and (3) shall apply as if he or she had attained the age of 18 years.

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

• (10) A person who is detained under subsection (9) may, for the purposes of that subsection, be detained—

• (a) for a period no longer than 35 days,

• (b) for a period or periods each not exceeding 12 hours, in a vehicle, for the purpose of bringing the person to the port from which the vehicle referred to in subsection (9) is due to leave the State, or

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

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

Chapter 4 Procedures where State is Member State responsible

146. Request by other Member State to State to take charge of, or take back, applicant for international protection

146. Where the State receives a take charge request or a take back notification in accordance with Article 35, 39 or 41, the Minister shall carry out the functions of the State in relation to such request or notification in accordance with the Asylum and Migration Management Regulation.

147. Procedure where State takes charge of, or takes back, applicant for international protection

147. (1) This section applies to each of the following persons:

• (a) an applicant whose application was registered in a different Member State of whom the State takes charge under the conditions laid down in Articles 39, 40 and 46;

• (b) an applicant or a third-country national or a stateless person in relation to whom the State has received a notification from another Member State that the State is the Member State responsible;

• (c) an applicant or a third-country national or a stateless person whom the State takes back under the conditions laid down in Articles 41 and 46;

• (d) an admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with the Union Resettlement and Humanitarian Admission Framework Regulation, or which granted international protection or humanitarian status under a national resettlement scheme whom the State takes back under the conditions laid down in Articles 41 and 46.

• (2) The Determining Authority shall examine or complete the examination of the application for international protection of a person to whom this section applies in accordance with the Asylum Procedures Regulation.

• (3) The Determining Authority shall, as soon as practicable after commencing the examination of an application of a person to whom this section applies, send the person, and his or her legal representative, if any, a notice in writing informing him or her of the effect of subsection (2).

PART 7 Examination of Applications for International Protection

Chapter 1 Medical examination for indications of past persecution or serious harm

148. Determining Authority may request medical examination for indications of past persecution or serious harm

148. (1) Where the Determining Authority deems it relevant for the examination of an application for international protection, it shall, subject to the applicant’s consent, request a medical examination of the applicant concerning signs and symptoms that might indicate past persecution or serious harm.

• (2) In the case of a minor, the medical examination referred to in subsection (1) shall only be carried out with the consent of the minor’s parent, guardian or such other adult who has responsibility for the care and protection of the minor, or in the case of an unaccompanied minor, the provisional representative person or representative person.

• (3) The medical examination referred to in subsection (1) shall be free of charge for the applicant and be paid for from public funds.

• (4) The registered medical practitioner who undertakes the medical examination referred to in subsection (1) shall have access to the results of any previous checks carried out in accordance with sections 29 and 30 and such checks may be taken into account for that medical examination.

• (5) Where no medical examination is carried out in accordance with subsection (1) the Determining Authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs and symptoms that might indicate past persecution or serious harm.

• (6) The results of the medical examinations referred to in subsection (1) or subsection (5) shall be submitted to the Determining Authority and, in the case of an examination referred to in subsection (1), to the applicant as soon as possible and shall be assessed by the Determining Authority along with the other elements of the application.

• (7) The medical examination referred to in this section shall—

• (a) be undertaken only by a registered medical practitioner,

• (b) be the least invasive possible, and

• (c) be performed in a way that respects the applicant’s dignity.

• (8) An applicant’s—

• (a) refusal to undergo a medical examination, or

• (b) decision to undergo a medical examination on his or her own initiative, where such an examination does not take place within a suitable time-frame, taking into account the availability of appointments for medical examinations,

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

Chapter 2 Examination procedure

149. Examination of applications

149. (1) The Determining Authority shall examine and take decisions on applications for international protection in accordance with the basic principles and guarantees set out in Chapter II of the Asylum Procedures Regulation.

• (2) The Determining Authority shall take decisions on applications after an appropriate examination as to the admissibility of an application or the merits of an application as the case may be.

• (3) The Determining Authority shall examine applications objectively, impartially and on an individual basis.

• (4) For the purpose of examining an application, the Determining Authority shall take the following into account:

• (a) the relevant statements and documentation presented by the applicant in accordance with Article 4(1) and (2) of the Qualification Regulation and section 41;

• (b) relevant, precise and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, obtained from relevant and available national, European Union and international sources, including children’s rights organisations and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of the European Union Agency for Asylum Regulation;

• (c) where applying the concepts of first country of asylum or safe third country, relevant, precise and up-to-date information relating to the situation prevailing in the third country being considered as a first country of asylum or a safe third country at the time of taking a decision on the application, including information and analysis on safe third countries referred to in Article 12 of the European Union Agency for Asylum Regulation;

• (d) where applying the concept of safe country of origin, in accordance with section 13, any serious grounds submitted by the applicant for considering the country not to be a safe country of origin in his or her particular circumstances;

• (e) the individual position and personal circumstances of the applicant, including factors such as the applicant’s background, age, gender, gender identity and sexual orientation, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

• (f) whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm, as referred to in Article 5 of the Qualification Regulation, if returned to that country;

• (g) whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship;

• (h) provided that the state, being the country of origin or, in the case of stateless persons, of habitual residence, or agents of the state are not the actors of persecution or serious harm, whether the internal protection alternative referred to in Article 8 of the Qualification Regulation applies.

• (5) In examining an application, the Determining Authority shall consider any observations made by the High Commissioner.

• (6) For the purposes of Article 12(5) and Article 17(5) of the Qualification Regulation, the Determining Authority and the Tribunal shall take into account a minor’s capacity to be considered responsible under criminal law in accordance with section 52 of the Children Act 2001 as if the minor had committed the crime concerned in the State.

• (7) The staff of the Determining Authority examining applications and taking decisions shall—

• (a) have the appropriate knowledge and have received training, including the relevant training under Article 8 of the European Union Agency for Asylum Regulation, in the relevant standards applicable in the field of asylum and refugee law,

• (b) have the possibility to seek advice, whenever necessary, from experts on particular issues, such as medical, cultural, religious, mental health, and child related or gender issues, and

• (c) be able, where necessary, to submit queries to the Asylum Agency in accordance with Article 10(2), point (b), of the European Union Agency for Asylum Regulation.

• (8) Documents assessed by the Determining Authority as relevant for the examination of applications shall be translated, where necessary, for such examination.

• (9) The applicant may, at his or her own cost, ensure the translation of documents to which subsection (8) does not apply.

• (10) For subsequent applications, the Determining Authority may make the applicant responsible for the translation of documents.

150. Determining Authority may prioritise examination of applications for international protection

150. The Determining Authority may prioritise the examination of an application for international protection in particular where—

• (a) it considers that the application is likely to be well-founded,

• (b) the applicant is an applicant with special reception needs as referred to in the Reception Conditions Directive or is in need of special procedural guarantees, in particular where he or she is an unaccompanied minor,

• (c) there are reasonable grounds to consider the applicant as a danger to the national security or public order of the State,

• (d) the application is a subsequent application,

• (e) the applicant—

• (i) has been subject to a section 86 decision, or

• (ii) has engaged in criminal behaviour,

• (f) the applicant does not possess identity documents and has not provided a reasonable explanation for the absence of such documents,

• (g) the applicant has failed to provide a reasonable explanation to substantiate his or her claim that the State is the first safe country in which he or she has arrived since departing from his or her country of origin,

• (h) the applicant has failed to provide a full and true explanation of how he or she travelled to and arrived in the State,

• (i) the application was made other than at the frontier of the State and is not grounded on events which have taken place since the applicant’s arrival in the State and the applicant has failed to provide a reasonable explanation to show why he or she did not make an application for international protection, or, as the case may be, an application under section 13 of the Act of 2015, immediately on arriving at the frontier of the State,

• (j) the applicant has forged, destroyed or disposed of any identity or other documents relevant to his or her application, and has not provided a reasonable explanation for so doing,

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

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

• (m) the applicant has failed to comply with the requirements of section 67,

• (n) the applicant is a person in respect of whom the Child and Family Agency is providing care and protection,

• (o) the applicant, without reasonable cause, has failed to comply with section 65(2) or a requirement under section 184,

• (p) the applicant is from a safe country of origin, or

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

Chapter 3 Personal interviews

151. Requirement to give applicant opportunity of personal interview

151. (1) Where an application for international protection is lodged in accordance with section 40—

• (a) the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to sections 157 and 164, and

• (b) provided that subsection (4)(b) does not apply, the applicant shall be given the opportunity to participate in that interview.

• (2) Personal interviews shall be conducted in accordance with the conditions established in this Chapter.

• (3) The admissibility interview may be omitted where the Determining Authority considers that the application is not inadmissible on the basis of the evidence available.

• (4) The admissibility interview or the substantive interview, as applicable, may be omitted where—

• (a) the Determining Authority is able to take a positive decision with regard to the refugee status on the basis of the evidence available,

• (b) the Determining Authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond the applicant’s control,

• (c) in the case of a subsequent application, the preliminary examination referred to in section 72 is carried out on the basis of a written statement,

• (d) the Determining Authority considers the application inadmissible pursuant to section 157(3)(c),

• (e) in the case of an application by a minor, a person carrying out an assessment under section 30(7) has assessed that a personal interview would not be in the best interests of the minor.

• (5) Where the personal interview is omitted pursuant to subsection (4)(b)—