INTERNATIONAL PROTECTION ACT 2026

• (a) the omission shall not adversely affect the decision of the Determining Authority, and

• (b) the Determining Authority shall give the applicant an effective opportunity to submit further information in writing.

• (6) When in doubt as to the fitness or ability of the applicant to be interviewed, the Determining Authority shall consult a registered medical practitioner to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature and where, following consultation with that medical practitioner, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the Determining Authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed.

• (7) Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the Determining Authority shall, without prejudice to section 71, reschedule the personal interview.

• (8) Without prejudice to sections 157 and 164 and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the Determining Authority from taking a decision on the application for international protection.

152. Requirements for personal interviews

152. (1) Personal interviews as provided for in sections 157 and 164 shall be conducted in accordance with the conditions established in this Chapter.

• (2) Personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.

• (3) The applicant shall be present at the personal interview and shall be required to respond in person to the questions asked.

• (4) The Determining Authority may hold the personal interview by video conference where duly justified by the circumstances, in which case the Determining Authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, assistance by a legal representative and interpretation taking into account guidance from the Asylum Agency.

• (5) The Determining Authority shall ensure that an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview is provided whenever necessary for the personal interviews and communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.

• (6) Personal interviews shall be conducted by the staff of the Determining Authority.

• (7) Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the Determining Authority may be assisted temporarily to conduct such interviews by the staff of other authorities of the State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of the European Union Agency for Asylum Regulation or by the Asylum Agency in accordance with Article 5 of the Asylum Procedures Regulation.

• (8) The Determining Authority shall ensure that the person conducting the interview is competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs.

153. Conduct of personal interview

153. (1) The following may be present at a substantive interview:

• (a) the High Commissioner, whenever he or she so requests;

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

• (c) the applicant’s legal representative or, with the consent of the applicant, a person nominated by that legal representative;

• (d) a cultural mediator.

• (2) The presence of a cultural mediator may be provided by the Determining Authority during the personal interviews.

• (3) The Determining Authority shall give preference to interpreters and cultural mediators that have received training, such as training referred to in Article 8(4), point (m), of the European Union Agency for Asylum Regulation.

154. Legal assistance at personal interview

154. (1) An applicant shall be allowed to be assisted by a legal representative in the personal interview, including when it is held by video conference.

• (2) Where a legal representative participates in the personal interview, the legal representative may only intervene at the end of the personal interview.

• (3) The absence of the legal representative shall not prevent the Determining Authority from conducting the interview.

155. Report and recording of personal interviews

155. (1) The Minister shall by regulations require the Determining Authority or any other authority or experts assisting the Determining Authority in accordance with section 152(7) with conducting the personal interviews to produce, in such form as the Minister shall prescribe—

• (a) a thorough and factual report containing all the main elements of the personal interview,

• (b) a transcript of the interview, or

• (c) a transcript of the recording of such an interview.

• (2) The document referred to in subsection (1) (referred to in this section as the “personal interview report”) shall be included in the applicant’s file.

• (3) Personal interviews shall be recorded using audio means of recording.

• (4) The applicant shall be informed in advance of the fact that a recording is being made and the purpose thereof and particular attention shall be paid to the requirements of applicants in need of special procedural guarantees in relation to the recording.

• (5) The Determining Authority shall include the recording under subsection (3) in the applicant’s file.

• (6) The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the personal interview report at the end of the personal interview, or within the period of 3 working days beginning on the day on which the applicant is given access to the personal interview report under subsection (11), before the Determining Authority takes a decision.

• (7) For the purposes of subsection (6), the applicant shall be informed of the entire content of the personal interview report, with the assistance of an interpreter, where necessary.

• (8) The applicant shall be requested to confirm that the content of the personal interview report correctly reflects the personal interview.

• (9) Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file but the refusal shall not prevent the Determining Authority from taking a decision on the application.

• (10) Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail.

• (11) The applicant and, in the case of an unaccompanied minor, the provisional representative person or representative person and, where applicable, the legal representative representing him or her shall have access to the personal interview report as soon as possible after the interview and in any case in due time before the Determining Authority takes a decision.

• (12) A person who forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of—

• (a) a personal interview report produced by the Determining Authority or any other authority or experts assisting the Determining Authority, or

• (b) an audio recording of a personal interview,

shall be guilty of an offence.

• (13) A person guilty of an offence under subsection (12) 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.

Chapter 4 Decisions on applications

156. Decision on applications for international protection and notification of decision

156. (1) A decision on an application for international protection (referred to in this Chapter as a “decision on an application”) shall be given by the Determining Authority in writing and shall be notified (by a notification referred to in this Act as a “section 156 notification”) to—

• (a) the applicant, and

• (b) where applicable, the legal representative representing him or her,

as soon as possible in accordance with section 4.

• (2) In the case of applications on behalf of minors or dependent adults and where the applications are all based on the exact same grounds as the application of the adult responsible for that minor or dependent adult, the Determining Authority may, subject to subsection (3), following an individual assessment for each applicant, take a single decision covering all applicants.

• (3) Where to take a single decision covering all applicants in accordance with subsection (2) would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender-based violence, trafficking in human beings, and persecution based on gender, sexual orientation, gender identity or age, the Determining Authority shall issue and notify a separate decision in accordance with subsection (1) to the person concerned.

• (4) Where an application is rejected as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as implicitly withdrawn, the reasons in fact and in law for the rejection shall be stated in the decision.

• (5) The section 156 notification shall—

• (a) be in writing,

• (b) inform the applicant of the result of the decision, and

• (c) where an application is rejected as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status or as implicitly withdrawn, inform the applicant of his or her entitlement to appeal to the Tribunal against the decision, and of the procedures specified in Part 8 in relation to such an appeal.

• (6) Where the applicant is not assisted by a legal representative, the information specified in paragraphs (b) and (c) of subsection (5) shall be provided in a language that the applicant understands or is reasonably supposed to understand.

• (7) Where the applicant is assisted by a legal representative—

• (a) the information referred to in subsection (5)(b) may be provided solely to that legal representative without being translated into a language which the applicant understands or is reasonably supposed to understand, and

• (b) the fact of whether or not international protection is granted shall be communicated, in writing, for information to the applicant in a language which he or she understands or is reasonably supposed to understand, together with general information on how to appeal the decision where applicable.

• (8) The Minister shall inform the High Commissioner of the result of every decision referred to in subsection (1).

157. Assessment of admissibility of application

157. (1) The Determining Authority shall assess the admissibility of an application in accordance with the basic principles and guarantees provided for in Chapter II of the Asylum Procedures Regulation.

• (2) The Determining Authority shall reject an application as inadmissible where—

• (a) the application is a subsequent application, and

• (b) no new relevant elements as referred to in Article 55 of the Asylum Procedures Regulation relating to—

• (i) the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with the Qualification Regulation, or

• (ii) the inadmissibility ground previously applied,

have arisen or have been presented by the applicant.

• (3) The Determining Authority may reject an application as inadmissible where any of the following grounds applies:

• (a) a country which is not a Member State is considered to be a first country of asylum for the applicant, unless it is clear that the applicant will not be admitted or readmitted to that country;

• (b) a country which is not a Member State is considered to be a safe third country for the applicant, unless it is clear that the applicant will not be admitted or readmitted to that country;

• (c) a Member State other than the State has granted the applicant international protection;

• (d) the International Criminal Court or an international tribunal has provided safe relocation for the applicant to a Member State or third country, or is unequivocally undertaking actions to that effect, unless new relevant circumstances have arisen which have not been taken into account by the court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before that court or tribunal;

• (e) the applicant concerned—

• (i) was issued with—

• (I) a deportation order,

• (II) a return order under section 51A of the Act of 2015,

• (III) a return decision under section 216 or 218, or

• (IV) a return decision in accordance with Article 6 of Directive 2008/115/EC,

and

• (ii) made his or her application more than 7 working days from the date on which the applicant received that order or decision,

provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the end of that period that were not previously considered by the Minister (under section 3(3)(b) of the Act of 1999 or otherwise).

• (4) Without prejudice to subsection (3), before a decision is taken by the Determining Authority on the inadmissibility of an application the Determining Authority shall give the applicant the opportunity of a personal interview on admissibility (referred to in this Act as an “admissibility interview”).

• (5) The Determining Authority may fix the time and place of the admissibility interview.

• (6) In the admissibility interview, the applicant shall be given an opportunity to provide reasons as to why the inadmissibility grounds provided for in subsections (2) and (3) are not applicable to him or her.

158. Duration of examination to determine whether application is inadmissible

158. (1) The examination to determine whether an application is inadmissible in accordance with section 157 shall be concluded as soon as possible and no later than two months from the date on which the application is lodged.

• (2) In the case referred to in section 157(3)(e), the Determining Authority shall conclude the examination within ten working days.

• (3) An application shall not be deemed to be admissible solely by reason of the fact that no decision on inadmissibility is taken within the time limits set out in this section.

• (4) The Determining Authority may extend the time limits provided for in subsection (1) by no more than two months where any of the following applies:

• (a) a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the admissibility procedure within the set time limits;

• (b) complex issues of fact or law are involved;

• (c) the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9 of the Asylum Procedures Regulation.

159. Decision to reject application as inadmissible

159. (1) Where the Determining Authority rejects an application as inadmissible as a result of the application of the concept of first country of asylum, the section 156 notification shall—

• (a) inform the applicant of that fact, and

• (b) be accompanied by a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of first country of asylum.

• (2) Where the Determining Authority rejects an application as inadmissible as a result of the application of the concept of safe third country, the section 156 notification shall—

• (a) inform the applicant of that fact, and

• (b) be accompanied by a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of safe third country.

160. Finding that applicant’s country of origin is safe country of origin

160. Where as part of a decision on an application for international protection the Determining Authority makes a finding that the applicant’s country of origin is a safe country of origin, that fact shall be referred to in the section 156 notification.

161. Rejection of application and issuance of return decision

161. Where a return decision is issued on foot of a decision on an application for international protection the section 156 notification shall state that fact.

162. Examination of merits of application

162. An application shall not be examined on the merits where—

• (a) the Minister determines, in accordance with Part 6, that another Member State is the Member State responsible,

• (b) an application is rejected as inadmissible, or

• (c) an application is explicitly or implicitly withdrawn, without prejudice to section 70(5) and section 71(3).

163. Determining Authority may decide not to grant refugee status

163. (1) Where, in the course of an examination under section 162, or of an appeal under section 187 but before a decision is taken under section 164 or, as the case may be, on the appeal under section 195—

• (a) reasonable grounds exist for the Determining Authority to regard the applicant as a danger to the security of the State, or

• (b) the Determining Authority becomes aware that the applicant has been convicted by a final judgment of a particularly serious crime and is satisfied that the applicant constitutes a danger to the community of the State,

the Determining Authority may decide not to grant refugee status to the applicant.

• (2) Where the Determining Authority takes a decision referred to in subsection (1), section 165 shall not apply.

164. Decision on merits of application

164. (1) Subject to subsection (2), when examining an application on the merits, the Determining Authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with the Qualification Regulation.

• (2) Where the Determining Authority decides not to grant refugee status to an applicant in accordance with section 163(1), the Determining Authority shall determine whether the applicant is eligible for subsidiary protection in accordance with the Qualification Regulation.

• (3) Before the Determining Authority takes a decision on the merits of an application for international protection, the applicant shall be given the opportunity of a personal interview on the substance of his or her application (referred to in this Act as a “substantive interview”).

• (4) The Determining Authority may fix the time and place of the substantive interview.

• (5) The substantive interview may be conducted at the same time as the admissibility interview provided the applicant has been informed of such a possibility in advance and has been able—

• (a) where he or she is assisted by a legal representative, to consult with his or her legal representative, or

• (b) where paragraph (a) does not apply, to be provided with legal counselling.

• (6) In the substantive interview, the applicant shall be given the opportunity to—

• (a) present the elements needed to substantiate his or her application in accordance with the Qualification Regulation, and

• (b) provide an explanation regarding elements which might be missing or any inconsistencies or contradictions in his or her statements.

• (7) In the substantive interview, the applicant shall provide the elements referred to in Article 4(2) of the Qualification Regulation as completely as possible.

• (8) The decision of the Determining Authority on the merits of an application shall be that—

• (a) the applicant qualifies as a refugee,

• (b) the applicant does not qualify as a refugee and is eligible for subsidiary protection in accordance with the Qualification Regulation, or

• (c) the applicant does not qualify as a refugee and is not eligible for subsidiary protection in accordance with the Qualification Regulation.

• (9) Where the Determining Authority makes a decision on the merits of an application, the decision shall—

• (a) refer to—

• (i) the elements which substantiate the application raised by the applicant in his or her application, at his or her personal interview or through submissions to the Determining Authority no later than 5 days from the date of the personal interview or in accordance with section 41(3), and

• (ii) such other matters specified in section 149(4) that the Determining Authority considers appropriate,

and

• (b) set out the reasons for the decision.

165. Grant of refugee status following decision that person qualifies as refugee

165. Subject to section 163(2), where the Determining Authority or, on appeal, the Tribunal, makes a decision that a person qualifies as a refugee that decision shall state that the person is granted refugee status in accordance with Article 13 of the Qualification Regulation.

166. Grant of subsidiary protection status following decision that person is eligible for subsidiary protection

166. Where the Determining Authority or, on appeal, the Tribunal, makes a decision that a person is eligible for subsidiary protection in accordance with the Qualification Regulation, the decision shall state that the person is granted subsidiary protection status in accordance with Article 18 of that Regulation.

167. Rejection of application as unfounded

167. (1) The Determining Authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection pursuant to the Qualification Regulation.

• (2) The Determining Authority may declare an unfounded application to be manifestly unfounded if, at the time of the conclusion of the examination, any of the circumstances referred to in subsection (1) or (4) of section 173 apply.

168. Duration of examination procedure on merits

168. (1) The Determining Authority shall ensure that an examination procedure on the merits, provided that it is not under the accelerated examination procedure or the asylum border procedure, is concluded as soon as possible and no later than six months from the date on which the application is lodged, without prejudice to an adequate and complete examination.

• (2) The Determining Authority may extend the time limit of six months referred to in subsection (1) by a period of not more than six months where—

• (a) a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the procedure within the six-month time limit,

• (b) complex issues of fact or law are involved, or

• (c) the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9 of the Asylum Procedures Regulation.

• (3) Where an applicant is subject to a transfer procedure to the State as laid down in Article 46 of the Asylum and Migration Management Regulation, the time limit referred to in subsection (1) shall start to run from the date on which the application is lodged in accordance with section 40.

• (4) The Determining Authority may postpone concluding the examination procedure where it cannot reasonably be expected to decide within the time limits laid down in subsection (1) due to an uncertain situation in the country of origin which is expected to be temporary.

• (5) In cases where the Determining Authority postpones concluding the examination procedure under subsection (4), the Minister shall inform the Commission and the Asylum Agency as soon as possible of the postponement of procedures for that country of origin.

• (6) In cases where the Determining Authority postpones concluding the examination procedure under subsection (4), the Determining Authority shall—

• (a) conduct reviews of the situation in that country of origin at least every four months,

• (b) where available, take into account reviews of the situation in that country of origin carried out by the Asylum Agency, and

• (c) inform the applicants concerned, in a language which they understand or are reasonably supposed to understand and as soon as possible, of the reasons for the postponement.

169. Examination procedure to conclude within 21 months of lodging of application

169. In any event, the Determining Authority shall conclude the examination procedure within 21 months from the lodging of an application.

170. Duration of examination procedure where court annuls decision of Determining Authority and refers back

170. The Minister shall by regulations prescribe time limits shorter than the time limits set out in sections 158, 168 and 169 for the conclusion of the examination procedure in cases where a court or tribunal annuls the decision of the Determining Authority and refers the case back.

171. Decision that applicant qualifies as refugee

171. Where the decision of the Determining Authority is that the applicant qualifies as a refugee, the section 156 notification shall include information on the rights and obligations relating to refugee status.

172. Decision that applicant does not qualify as refugee and is eligible for subsidiary protection

172. Where the decision of the Determining Authority is that the applicant does not qualify as a refugee and is eligible for subsidiary protection, the section 156 notification shall, in particular, include information on the rights and obligations relating to subsidiary protection.

Chapter 5 Special procedures

173. Accelerated examination procedure

173. (1) Without prejudice to section 180, the Determining Authority shall, in accordance with the basic principles and guarantees provided for in Chapter II of the Asylum Procedures Regulation, accelerate the examination on the merits of an application for international protection where—

• (a) the applicant, in lodging his or her application and presenting the facts, has only raised issues that are not relevant to the examination of whether he or she qualifies as a beneficiary of international protection in accordance with the Qualification Regulation,

• (b) the applicant has made clearly inconsistent or contradictory or clearly false or obviously improbable representations or representations which contradict relevant and available country of origin information, thus making his or her claim clearly unconvincing as to whether he or she qualifies as a beneficiary of international protection in accordance with the Qualification Regulation,

• (c) the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality,

• (d) the applicant makes an application merely to delay, frustrate or prevent the enforcement of a decision for his or her removal from the territory of the State,

• (e) a third country may be considered to be a safe country of origin for the applicant,

• (f) there are reasonable grounds to consider the applicant a danger to the national security or public order of the State or the applicant had been forcibly expelled for serious reasons of national security or public order under the national law of a Member State,

• (g) the application is a subsequent application which is not inadmissible,

• (h) the applicant entered the territory of the State unlawfully and, without good reason, has not made an application as soon as possible, given the circumstances of his or her entry,

• (i) the applicant entered the territory of the State lawfully and, without good reason, has not made an application as soon as possible, given the grounds of his or her application, without prejudice to the need of international protection arising sur place, or

• (j) the applicant is a national, or in the case of stateless persons, a former habitual resident, of a third country for which the proportion of decisions by the Determining Authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20 per cent or lower, unless the Determining Authority assesses that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 per cent or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, the significant differences between first instance and final decisions.

• (2) Where the Asylum Agency has provided a guidance note on a country of origin in accordance with Article 11 of the European Union Agency for Asylum Regulation showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, the Determining Authority shall use that guidance note as a reference for the application of paragraph (j) of subsection (1).

• (3) Where the Determining Authority considers that the examination of the application involves issues of fact or law that are too complex to be examined under an accelerated examination procedure, it may continue the examination on the merits in accordance with sections 168 and 170 and, where it does so, shall inform the applicant concerned accordingly of the change in the procedure.

• (4) The accelerated examination procedure may be applied to unaccompanied minors only where—

• (a) the applicant comes from a third country that may be considered to be a safe country of origin,

• (b) there are reasonable grounds to consider the applicant as a danger to the national security or public order of the State or the applicant had been forcibly expelled for serious reasons of national security or public order under the national law of a Member State,

• (c) the application is a subsequent application which is not inadmissible,

• (d) the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality,

• (e) the applicant is a national, or in the case of stateless persons, a former habitual resident, of a third country for which the proportion of decisions granting international protection by the Determining Authority is, according to the latest available yearly Union-wide average Eurostat data, 20 per cent or lower, unless the Determining Authority assesses a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 per cent or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, significant differences between first instance and final decisions.

• (5) Where the Asylum Agency has provided a guidance note on a country of origin in accordance with Article 11 of the European Union Agency for Asylum Regulation showing that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data, the Determining Authority shall use that guidance note as a reference for the application of paragraph (e) of subsection (4).

174. Duration of accelerated examination procedure

174. The Determining Authority shall conclude the accelerated examination procedure as soon as possible and no later than three months from the date on which the application is lodged.

Chapter 6 Asylum border procedure

175. Conditions for applying asylum border procedure

175. (1) Following the screening carried out in accordance with Chapter 2 of Part 2, where applicable, and provided that the applicant has not yet been authorised to enter the State, the Minister may, subject to section 183, in accordance with the basic principles and guarantees of Chapter II of the Asylum Procedures Regulation, examine an application in a border procedure (referred to in this Chapter as the “asylum border procedure”) in accordance with this Act where that applicant is an applicant who does not fulfil the conditions for entry to the State and to whom any of the paragraphs of section 4(3) of the Act of 2004 applies.

• (2) The asylum border procedure may take place—

• (a) following an application made at an external border crossing point or in a transit zone;

• (b) following apprehension in connection with an unauthorised crossing of the external border;

• (c) following disembarkation in the State after a search and rescue operation;

• (d) following relocation in accordance with Article 67(11) of the Asylum and Migration Management Regulation.

• (3) Subject to section 183(3), the Minister shall not authorise an applicant subject to the asylum border procedure to enter the State, without prejudice to section 176.

• (4) Any measure taken to prevent unauthorised entry to the State shall be in accordance with the Reception Conditions Directive.

• (5) In this section, “external border crossing point” means a port or a screening centre.

176. Deadlines under asylum border procedure

176. (1) The asylum border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the application.

• (2) Without prejudice to subsection (1), the maximum duration of the asylum border procedure shall be 12 weeks from when the application is registered until the applicant no longer has a right to remain in the State and is not allowed to so remain.

• (3) Where—

• (a) a person is transferred to the State pursuant to Article 67(11) of the Asylum and Migration Management Regulation, and

• (b) the Determining Authority is applying the asylum border procedure,

the Determining Authority may extend the 12 week period to 16 weeks.

• (4) Following the expiration of the period of 12 weeks referred to in subsection (2), or 16 weeks, where extended in accordance with subsection (3), the Minister shall authorise the applicant to enter the State except where Chapter 2 of Part 11 applies.

• (5) By way of derogation from subsection (4), the Minister shall not authorise the applicant to enter the State where:

• (a) the applicant has no right to remain on the territory of the State in accordance with section 65;

• (b) the applicant has no right to remain on the territory of the State in accordance with section 189 or section 141 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time limit;

• (c) the applicant has no right to remain on the territory of the State in accordance with section 189 or section 141 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure.

• (6) The reference in this section to the Minister authorising an applicant to enter the State is a reference to an authorisation to enter the State under section 64.

177. Prioritisation of examination of applications in asylum border procedure

177. (1) Subject to subsection (2), where the asylum border procedure is applied to minors and their family members, the Determining Authority shall give priority to the examination of their applications.

• (2) Where the number of applicants exceeds the number that corresponds to the adequate capacity of the State, the Determining Authority shall prioritise the following categories of applications:

• (a) applications of third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Act;

• (b) applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are considered, on serious grounds, to pose a danger to the national security or public order of the State;

• (c) without prejudice to paragraph (b), applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are not minors and their adult family members.

• (3) The Minister may give priority to the examination of applications of persons specified in paragraph (a) to (c) of subsection (2) when the conditions for applying subsection (2) have not been met.

178. Application by person deemed to be national security risk

178. At any point during the administrative procedure, an applicant who is deemed a national security risk shall be placed in the asylum border procedure regardless of whether his or her application was being examined under a different procedure in accordance with this Act.

179. Mandatory application of asylum border procedure

179. (1) The Determining Authority shall examine an application in the asylum border procedure in the cases referred to in section 175(1) where any of the circumstances referred to in section 173(1)(c), (f) or (j) apply, and without prejudice to section 183.

• (2) Where the adequate capacity of the State is reached, subsection (1) shall no longer apply insofar as it requires an application to be examined in the asylum border procedure in the cases referred to in section 175(1) where the circumstances referred to in section 173(1)(j) apply.

• (3) Where the circumstances referred to in section 173(1)(f) apply and without prejudice to section 184, the Determining Authority shall take appropriate measures to maintain as far as possible family unity in the asylum border procedure.

• (4) For the purposes of subsection (3), insofar as the family already existed before the applicant arrived on the territory of a Member State, and they have also made applications that are being examined by the State, the following persons are members of the applicant’s family:

• (a) the spouse of the applicant or his or her civil partner;

• (b) the minor children of couples as referred to in paragraph (a) or of the applicant, regardless of whether they were born in or out of wedlock or adopted;

• (c) where the applicant is a minor, the father, mother or other adult who takes responsibility for the care and protection of the minor;

• (d) where the applicant is a minor, the sibling or siblings of the applicant, provided they are minors.

180. Application of special procedures to applicants in need of special procedural guarantees

180. Where the Determining Authority, including on the basis of the assessment of another relevant national authority, considers that the necessary support referred to in Article 21(1) of the Asylum Procedures Regulation cannot be provided within the framework of the accelerated examination procedure referred to in section 173 or the asylum border procedure referred to in section 175, paying particular attention to victims of torture, rape or other serious forms of psychological, physical, sexual violence or gender-based violence, the Determining Authority shall not apply or shall cease to apply those procedures to the applicant.

181. Determination of Member State responsible and relocation where asylum border procedure is applicable

181. Where the conditions for the asylum border procedure apply, the Minister shall determine the Member State responsible as part of the asylum border procedure, without prejudice to the deadlines established in section 176.

182. Application of asylum border procedure where applicant is transferred to State

182. (1) Where—

• (a) an applicant is transferred to the State in accordance with Article 67(11) of the Asylum and Migration Management Regulation, and

• (b) the conditions for applying the border procedure are met in the Member State from which the applicant is transferred,

the Determining Authority may apply the asylum border procedure without prejudice to the deadlines established in section 176.

• (2) Where subsection (1) applies, the Minister may extend the deadline established in section 176 by a period of up to four weeks.

• (3) Where—

• (a) an applicant is transferred to the State in accordance with Article 67(11) of the Asylum and Migration Management Regulation,

• (b) the conditions for applying the border procedure are met in the Member State from which the applicant is transferred, and

• (c) the Determining Authority deems the applicant to be a national security risk,

the Determining Authority shall apply the asylum border procedure without prejudice to the deadlines established in section 176.

183. Exceptions to asylum border procedure

183. (1) The Determining Authority shall only apply the asylum border procedure to an unaccompanied minor in the circumstances referred to in section 173(4)(b).

• (2) Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Chapter 3 of Part 3.

• (3) The Determining Authority shall not, or shall cease to, apply the asylum border procedure at any stage of the procedure where—

• (a) the Determining Authority considers that the grounds specified—

• (i) in section 157 for rejecting an application as inadmissible, and

• (ii) in section 173 for applying the accelerated examination procedure,

are not, or are no longer applicable,

• (b) the necessary support cannot be provided to applicants with special reception needs, including minors, in accordance with the Reception Conditions Directive, at the locations referred to in section 184,

• (c) the necessary support cannot be provided to applicants in need of special procedural guarantees in accordance with the Reception Conditions Directive at the locations referred to in section 184,

• (d) there are relevant medical reasons for not applying the asylum border procedure, including mental health reasons, or

• (e) the guarantees and conditions for detention laid down in the Reception Conditions Directive are not, or are no longer, met and the asylum border procedure cannot be applied to the applicant without the use of detention.

• (4) In the circumstances referred to in subsection (3)(a), the Minister shall authorise the applicant to enter the State and apply the appropriate procedure provided for in Parts 3 and 7.

184. Restrictions on freedom of movement during asylum border procedure

184. (1) The Minister may designate a premises to be a location for the carrying out of the asylum border procedure (referred to in this Part as an “ABP centre”) where the Minister is satisfied that the premises is suitable for that purpose.

• (2) During the examination of an application subject to the asylum border procedure, applicants shall be required, in accordance with Part 5, to reside in an ABP centre, fully taking into account the State’s specific geographical circumstances.

• (3) Without prejudice to Article 47 of the Asylum Procedures Regulation, the Minister shall ensure that families with minors are required to reside in an ABP centre appropriate to their needs, after assessing the best interests of the child, and shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development, in full respect of the requirements of Chapter IV of the Reception Conditions Directive.

• (4) Any requirement to reside at a particular place in accordance with this section shall not be regarded as an authorisation to enter the State.

• (5) Where an applicant subject to the asylum border procedure needs to be transferred to another location for the purposes of the procedure, or transferred for the purpose of receiving medical treatment, such travel shall not in itself constitute an entry to the State.

185. Minister to notify where number of applications in border procedure reaches maximum

185. Where the number of applications that have been examined in the border procedure in the State within one calendar year is equal to or exceeds the maximum number of applications set out in respect of the State in an implementing act referred to in Article 47(1) of the Asylum Procedures Regulation, the Minister shall notify the Commission.

PART 8 Appeals to Tribunal

186. Definitions (Part 8)

186. In this Part—

“appeal” means an appeal in accordance with section 187;

“related decision” means—

• (a) a decision referred to in section 187(1)(a), (b) or (c), or

• (b) a declaration referred to in section 187(1)(d).

187. Appeals

187. (1) An applicant may, in accordance with this Part and with regulations (if any) under section 198, appeal to the Tribunal against—

• (a) a decision under section 156 to reject an application as inadmissible,

• (b) a decision under section 156 to reject an application as unfounded or manifestly unfounded where the applicant is eligible for subsidiary protection but does not qualify as a refugee,

• (c) a decision under section 156 to reject an application as unfounded or manifestly unfounded where the applicant does not qualify as a refugee and is not eligible for subsidiary protection,

• (d) a declaration under section 71(2) that an application has been implicitly withdrawn, or

• (e) a return decision under section 216 or 218.

• (2) Subject to subsection (3), an appeal under any paragraph of subsection (1), other than paragraph (e), shall be brought by notice in writing within a period of 1 month from the date of receipt by an applicant of a section 156 notification.

• (3) Where an appeal under any paragraph of subsection (1), other than paragraph (e), is from a decision or declaration in respect of an application that was considered in the accelerated examination procedure under Chapter 5 of Part 7 or the asylum border procedure under Chapter 6 of Part 7, the appeal shall be brought by notice in writing within a period of 10 days from the date of receipt by an applicant of a section 156 notification.

• (4) Where an appeal under subsection (1)(e) is brought by an applicant who has brought an appeal against a related decision, the appeal under subsection (1)(e) shall be brought by notice in writing jointly with the appeal against the related decision—

• (a) subject to paragraph (b), within a period of 1 month from the date of receipt by the applicant of a section 156 notification, and

• (b) where the related decision is in respect of an application that was considered in the accelerated examination procedure under Chapter 5 of Part 7 or the asylum border procedure under Chapter 6 of Part 7, within a period of 10 days from the date of receipt by the applicant of a section 156 notification.

• (5) Where an appeal under subsection (1)(e) is brought by an applicant who has not brought an appeal against a related decision, the appeal under subsection (1)(e) shall be brought by notice in writing within a period of 10 days from the date of receipt by the applicant of a notice under section 216(3) or 218(3).

• (6) A notice of appeal under subsection (2), (3), (4) or (5) shall specify, in writing, the grounds of appeal and indicate whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of the appeal.

• (7) On receipt of a notice under subsection (2), (3), (4) or (5), the Tribunal shall transmit a copy of the notice to the Determining Authority and notify the High Commissioner of the making of the appeal.

• (8) An appeal may be accompanied by additional documents.

• (9) Where an applicant submits documents, including additional documents, with the appeal or within the period of time permitted under this section for the appeal, the Tribunal shall arrange for the translation of the documents in accordance with Article 67(5) of the Asylum Procedures Regulation where it is of the opinion that—

• (a) the documents are relevant to the appeal, and

• (b) the documents have not been translated in accordance with Part 7.

188. Right to remain in State pending appeal

188. (1) Subject to subsections (2) and (3), an applicant shall have the right to remain in, and shall not be removed from, the State—

• (a) until the expiry of the period referred to in section 187(2), (3), (4)(a), (b) or (5), as the case may be, within which the applicant may make an appeal, and

• (b) where an appeal is made, subject to section 194(6)(a), pending the outcome of the appeal.

• (2) Paragraphs (b) and (c) of section 65(2) and sections 66 and 67 shall apply to a right to remain under this Part as they apply to a right to remain under section 65.

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

• (a) a decision is made to reject his or her application as unfounded or manifestly unfounded and the application was considered in—

• (i) the accelerated examination procedure under Chapter 5 of Part 7, or

• (ii) subject to subsection (4), the asylum border procedure under Chapter 6 of Part 7,

• (b) subject to subsection (5), a decision is made under section 156 to reject his or her application as inadmissible where one of the following circumstances applies to the person who is the subject of the application:

• (i) a country which is not a Member State is considered to be a first country of asylum for the person, unless it is clear that the person will not be admitted or readmitted to that country;

• (ii) a country which is not a Member State is considered to be a safe third country for the person, unless it is clear that the person will not be admitted or readmitted to that country;

• (iii) a Member State other than the State has granted the person international protection;

• (iv) the International Criminal Court or an international tribunal has provided safe relocation for the person to a Member State or third country, or is unequivocally undertaking actions to that extent, unless new relevant circumstances have arisen which have not been taken into account by the Court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before such Court or tribunal;

• (v) the person—

• (I) was issued with—

• (A) a deportation order,

• (B) a return order under section 51A of the Act of 2015,

• (C) a return decision under section 216 or 218, or

• (D) a return decision in accordance with Article 6 of Directive 2008/115/EC,

and

• (II) made his or her application more than 7 days from the date on which the person received the order or decision, as the case may be,

provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the expiry of that period that were not considered by the Minister (under section 3(3)(b) of the Act of 1999 or otherwise);

• (vi) his or her application was a subsequent application where no new relevant elements as referred to in Articles 55(3) and (5) of the Asylum Procedures Regulation relating to—

• (I) the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with the Qualification Regulation, or

• (II) the inadmissibility ground previously applied,

have arisen or have been presented by the person,

• (c) a declaration is made under section 71(2) that his or her application has been implicitly withdrawn, or

• (d) a decision is made under section 156 to reject his or her subsequent application as unfounded or manifestly unfounded.

• (4) Subsection (3)(a)(ii) shall not apply to an application by an unaccompanied minor.

• (5) Subsection (3)(b) shall not apply to an application by an unaccompanied minor that was considered in the asylum border procedure under Chapter 6 of Part 7.

189. Request to Tribunal to be allowed to remain pending appeal

189. (1) Notwithstanding section 188(3), a person referred to in any of the paragraphs of that section may, 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 Act referred to as a “request to remain”) pending the outcome of his or her appeal.

• (2) A request to remain shall—

• (a) be submitted within 10 days from the date of the notice of the decision that is under appeal,

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

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

• (3) Notwithstanding section 188(3), a person referred to in any of the paragraphs of that section shall have the right to remain in, and shall not be removed from, the State—

• (a) until the expiry of the period referred to in subsection (2)(a) within which the person may submit a request to remain, and

• (b) where the person submits such a request in accordance with this section, pending a decision in respect of the request by the Tribunal under subsection (5).

• (4) Before deciding whether to grant a request to remain, the Tribunal shall consider the following:

• (a) the request;

• (b) all material furnished to the Tribunal that is relevant to the decision as to whether to grant the request;

• (c) any observations made to the Tribunal by the Determining Authority or the High Commissioner;

• (d) where an oral hearing has been held, the evidence adduced and any representations made at the hearing;

• (e) such other matters as the Tribunal considers relevant in making a decision under subsection (5) in relation to the request.

• (5) The Tribunal may, subject to subsection (6) and without prejudice to the principle of non-refoulement—

• (a) grant a request to remain, or

• (b) refuse a request to remain.

• (6) Without prejudice to the principle of non-refoulement, the Tribunal shall not grant a request to remain where the appeal is in relation to a subsequent application and the Tribunal is of the opinion that the appeal to which the request relates was brought for the purpose of delaying or frustrating the enforcement of a return decision made under section 216 or 218.

• (7) Without prejudice to a complete and fair examination of an appeal, where an applicant submits a request to remain and his or her application was considered in the asylum border procedure under Chapter 6 of Part 7, a decision under subsection (5) in relation to the request shall, having regard to the maximum duration of that procedure as provided for in that Chapter, be taken within a period that is as short as possible but in any event no later than 5 days from the date of the receipt by the Tribunal of the request submitted to it in accordance with this section.

• (8) The Tribunal shall as soon as practicable send a copy of a decision under subsection (5) and the reasons for it to—

• (a) an applicant and his or her legal representative (if any), and

• (b) the Determining Authority.

• (9) The Tribunal shall have the power to decide ex officio whether or not a person to whom any of the paragraphs of section 188(3) apply is to be allowed to remain in the State pending the outcome of an appeal brought by the person.

190. Provision of information, submission of documents to Tribunal

190. (1) The Determining Authority shall, for the purposes of an appeal, furnish the Tribunal with copies of the documents provided to an applicant under section 156.

• (2) The Tribunal may, for the purposes of its functions under this Act, request the Determining Authority to make such further inquiries and to furnish the Tribunal with such further information as the Tribunal considers necessary within such period as may be specified by the Tribunal.

• (3) The Determining Authority shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to an applicant and his or her legal representative (if any).

• (4) The transcript of, or the transcript of the recording of, a personal interview shall be admissible as evidence in an appeal.

• (5) The Tribunal may, for the purposes of its functions, request the applicant to submit such additional documents as it considers necessary within such period as may be specified by the Tribunal.

• (6) Section 187(9) shall apply to additional documents submitted by an applicant to the Tribunal in accordance with a request under subsection (5).

191. Oral hearing

191. (1) The Tribunal shall make a decision under section 195 in respect of an appeal without holding an oral hearing unless subsection (2) applies.

• (2) The Tribunal may hold an oral hearing for the purposes of making a decision under section 195 in respect of an appeal where, having had regard to the guidelines issued under section 247(2), the Appeals Officer (within the meaning of Part 13) to whom the appeal is assigned is of the opinion that a full and ex nunc examination of both facts and points of law cannot be achieved without an oral hearing.

• (3) Where an applicant has indicated under section 187(6) that he or she wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal, the applicant may withdraw the indication not later than 3 days before such an oral hearing.

• (4) Subject to subsections (5) and (6), an oral hearing shall be held in private unless, upon application by or on behalf of the applicant, the Tribunal determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in private.

• (5) The High Commissioner may be present at an oral hearing for the purpose of observing the proceedings.

• (6) In conducting an oral hearing, the Tribunal shall—

• (a) permit the applicant to be present at the hearing and to present his or her case to the Tribunal in person or through a legal representative,

• (b) permit an officer of the Minister or another person nominated by the Determining Authority to be present at and to participate in the hearing and, in person or through a legal representative, to explain to the Tribunal the decision that is the subject of the appeal,

• (c) where necessary for the purpose of ensuring appropriate communication during the hearing, provide the applicant with the services of an interpreter,

• (d) conduct the oral hearing as informally as is practicable, and consistent with fairness and transparency,

• (e) ensure that the oral hearing proceeds with due expedition, and

• (f) allow for the examination and cross-examination of the applicant and any witnesses.

• (7) Where a notice of appeal under section 187(2), (3), (4) or (5) includes a request to the Tribunal to direct the attendance of a witness before the Tribunal, the Tribunal shall, in respect of each such witness (having regard to the nature and purpose of the evidence proposed to be given by the witness as indicated in the notice of appeal), determine whether he or she should be directed to attend before the Tribunal in accordance with subsection (8).

• (8) For the purposes of an oral hearing, the Tribunal may—

• (a) direct in writing any person, other than the Minister or an officer of the Minister, whose evidence is required by the Tribunal to attend before the Tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,

• (b) direct any such person to produce any specified document or thing in his or her possession or control,

• (c) give any other directions for the purpose of an appeal that appear to the Tribunal to be reasonable and just, and

• (d) take evidence on oath or on affirmation and for that purpose may cause persons attending before it to swear an oath or make an affirmation.

• (9) Paragraphs (a) and (b) of subsection (8) and section 190(2) shall not apply to a document or thing relating to information which the Minister or the Minister for Foreign Affairs and Trade directs (which he or she is hereby empowered to do) be withheld in the interest of national security or public policy.

• (10) Subject to subsection (11), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court.

• (11) Where information has been supplied to the Minister, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, the information shall not be produced or further disclosed other than in accordance with the undertaking or with the consent of the other state.

192. Recording of oral hearing

192. (1) An oral hearing shall be recorded using audio means of recording.

• (2) An applicant shall be informed in advance of the fact that a recording is being made and the purpose thereof and particular attention shall be paid to the requirements of applicants in need of special procedural guarantees in relation to the recording.

• (3) Where the Tribunal produces a transcript of an oral hearing or a transcript of a recording under subsection (1), the Tribunal shall include the transcript in an applicant’s file.

• (4) A person shall not forge, fraudulently alter, assist in forging or fraudulently altering or procure the forging or fraudulent alteration of an audio recording of an oral hearing.

• (5) A person who contravenes subsection (4) 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 imprisonment for a term not exceeding 5 years, or both.

193. Examination by Tribunal

193. (1) Before reaching a decision under section 195, the Tribunal shall carry out a full and ex nunc examination of facts and points of law, including an examination of the international protection needs pursuant to the Qualification Regulation.

• (2) Without prejudice to the generality of subsection (1), during an examination under that subsection the Tribunal shall consider the following:

• (a) the decision under appeal;

• (b) the notice of appeal;

• (c) all relevant material furnished to the Tribunal under this Part;

• (d) any observations made to the Tribunal by the Determining Authority or the High Commissioner;

• (e) where an oral hearing has been held, the evidence adduced and any representations made, at that hearing;

• (f) the principle of non-refoulement;

• (g) such other matters as the Tribunal considers relevant to the appeal.

• (3) During an examination under subsection (1) the Tribunal may refuse to take into account any documents that—

• (a) are not submitted within—

• (i) the period of time specified for the appeal under section 187(2), (3), (4) or (5), as the case may be, or

• (ii) such period as may be specified under section 190(5),

or

• (b) are not translated in accordance with this Act.

194. Withdrawal and deemed withdrawal of appeal

194. (1) An applicant may, at any time before the making by the Tribunal of its decision under section 195 in relation to his or her appeal, withdraw the appeal by sending a notice of withdrawal in writing to the Tribunal.

• (2) Where an applicant fails to attend an oral hearing at the date and time fixed for the hearing then, unless the applicant, not later than 3 days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.

• (3) Where—

• (a) in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty under section 67 to cooperate, or

• (b) the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (b) or (c) of section 65(2) or a requirement under section 184,

the Tribunal shall send to the applicant or his or her legal representative (if any) notice in writing of the opinion referred to in paragraph (a) or (b).

• (4) The Tribunal, in its notice under subsection (3), shall—

• (a) require the applicant to confirm in writing, within 2 weeks of the date of the notice, that he or she wishes to continue with his or her appeal,

• (b) remind the applicant of his or her duty under section 67 to cooperate and to comply with any requirements under section 65(2) or 184 that have been or may be imposed on him or her, and

• (c) inform the applicant of the consequences specified in subsection (5).

• (5) Where an applicant—

• (a) does not furnish the confirmation referred to in subsection (4)(a), or

• (b) having furnished such a confirmation, in the opinion of the Tribunal, or as the case may be, in the opinion of the Determining Authority or the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection (4)(b),

his or her appeal shall be deemed to be withdrawn and subsection (6) shall apply accordingly.

• (6) Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section—

• (a) the applicant shall not have the right to remain in the State,

• (b) any consideration of the appeal by the Tribunal shall be terminated,

• (c) section 193 shall not apply in respect of the appeal, and

• (d) the Tribunal, as soon as practicable, shall—

• (i) notify the applicant and his or her legal representative (if any) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it,

• (ii) notify the Determining Authority of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and

• (iii) inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.

• (7) A notification under subsection (6)(d)(i) shall be in a language that the applicant understands or is reasonably supposed to understand.

195. Decision of Tribunal

195. (1) In relation to an appeal under section 187(1)(a) against a decision to reject an application as inadmissible, the Tribunal may decide to—

• (a) affirm the decision, or

• (b) set aside the decision.

• (2) In relation to an appeal under section 187(1)(b) against a decision to reject an application as unfounded or manifestly unfounded where the applicant is eligible for subsidiary protection but does not qualify as a refugee, the Tribunal may decide to—

• (a) affirm the decision, or

• (b) set aside the decision and decide that the applicant qualifies as a refugee.

• (3) In relation to an appeal under section 187(1)(c) against a decision to reject an application as unfounded or manifestly unfounded where the applicant does not qualify as a refugee and is not eligible for subsidiary protection, the Tribunal may decide to—

• (a) affirm the decision,

• (b) set aside the decision and decide that the applicant qualifies as a refugee, or

• (c) affirm the decision that the applicant does not qualify as a refugee and set aside the part of the decision that the person is not eligible for subsidiary protection and decide that the applicant is eligible for subsidiary protection.

• (4) In relation to an appeal under section 187(1)(d) against a declaration under section 71(2) that an application has been implicitly withdrawn, the Tribunal may decide to—