INTERNATIONAL PROTECTION ACT 2026

• (b) any period spent by the person in a vehicle referred to in subsection (2), and

• (c) if the person has instituted court proceedings challenging the validity of the return decision concerned, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving of the notice and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

• (11) Periods of detention of a person may be aggregated for the purposes of subsection (9) only where the person concerned has, between the expiry of the earliest occurring period and the commencement of the latest occurring period, not left the State.

224. Continuance of detention under section 223

224. (1) Where a person who is the subject of a return decision that is in effect under this Chapter is being detained under section 223, and the period of detention, or aggregate of the periods of detention if the person was previously detained under section 223 or under section 230 and subsequently under section 223, as the case may be, is at, or is approaching, 12 weeks, and it is necessary for the purpose of enforcing the return decision—

• (a) the person shall, on or before the expiry of that period of 12 weeks, be brought before a judge of the District Court, and

• (b) the person shall continue to be detained under section 223 only with the leave of a judge of the District Court.

• (2) Where a person who is the subject of a return decision that is in effect under this Chapter has previously been detained under section 223 or 230, and the period, or the aggregate of the periods, of the previous detention is 12 weeks or, where leave was previously granted under subsection (1), more than 12 weeks, and the person is arrested and detained under section 223—

• (a) the person shall, as soon as practicable, be brought before a judge of the District Court, and

• (b) the person shall continue to be detained under section 223 only with the leave of a judge of the District Court.

225. Prohibition of refoulement

225. (1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory—

• (a) where, in the opinion of the Minister—

• (i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

• (ii) there is a real risk that the person would be subject to the death penalty, torture or other inhuman or degrading treatment or punishment, or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,

or

• (b) where the Minister is of the opinion that the expulsion or return of the person would be prohibited under any enactment or rule of law as being in breach of the person’s fundamental rights.

• (2) Without prejudice to subsection (1), a return decision shall not be made under section 216, 218 or 219 where the Minister is of the opinion referred to in subsection (1).

• (3) For the purposes of subsection (1), the Minister shall have regard to—

• (a) the information, if any, submitted by the person under subsection (4), and

• (b) any relevant information presented by the person including any statement made by the person at any interview conducted for the purposes of this Act.

• (4) Where a person becomes aware of a change of circumstances that would be relevant to the opinion referred to in subsection (1), the person shall inform the Minister as soon as practicable of the change.

Chapter 2 Return border procedure

226. Application of Chapter 2 of Part 11

226. (1) Subject to subsection (2), this Chapter shall apply to a person where—

• (a) the person’s application was rejected in the asylum border procedure under Part 7, and

• (b) the person has received a return decision under section 216 or 218 and the decision is in effect in accordance with Chapter 1.

• (2) This Chapter shall cease to apply to a person upon the earlier of—

• (a) the expiry of the period of 12 weeks from the date on which the return decision comes into effect under section 220, or

• (b) the person being removed from the State or returned or otherwise leaving the State.

227. Requirements on person to whom Chapter applies

227. (1) An immigration officer, an officer of the Minister or a member of An Garda Síochána, by notice in writing to a person to whom this Chapter applies—

• (a) shall require the person to reside in a designated centre for a period specified in the notice, and

• (b) may require the person to comply with one or more than one of the following conditions:

• (i) that he or she present (either in person or electronically) to an immigration officer, officer of the Minister or a member of An Garda Síochána at such date, time and, where in person, place, as may be specified in the notice;

• (ii) where, and only for so long as, it is reasonably necessary to facilitate the removal from the State or return of the person, that he or she surrender his or her passport and any other travel document that he or she holds;

• (iii) that he or she cooperate in any way necessary to enable an immigration officer, an officer of the Minister or a member of An Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such removal from the State or return.

• (2) A notice under subsection (1) shall be in a language that the person concerned understands or may reasonably be supposed to understand.

• (3) A person to whom a notice under subsection (1) is given shall comply with the notice.

228. Designated centre

228. Where the Minister is satisfied that a premises is suitable for the purposes of a requirement to reside under section 227, the Minister may designate the premises for that purpose (in this Chapter referred to as a “designated centre”).

229. Refusal of authorisation to enter State

229. A person to whom this Chapter applies shall not be authorised to enter the State under section 64 of this Act or section 4 of the Act of 2004 and a requirement on the person to reside referred to in section 227 or the fact of the person’s detention (if any) under section 230 shall not be considered to be an authorisation to enter the State under section 64 of this Act or section 4 of the Act of 2004.

230. Arrest and detention under return border procedure

230. (1) Subject to Chapter 3, an immigration officer or a member of An Garda Síochána (in this section referred to as the “arresting officer or member”) may, as a measure of last resort and for the purpose of enforcing the return decision concerned, arrest without warrant a person to whom this Chapter applies and detain the person in accordance with subsection (2) where the arresting officer or member is of the opinion, based on reasonable grounds—

• (a) that the measures referred to in section 227 cannot be applied effectively to the person, and

• (b) that the arrest and detention of the person is necessary as—

• (i) having regard to the matters referred to in subsection (7), there is a risk of the person absconding,

• (ii) the person is avoiding the removal or frustrating the removal from the State or return, or

• (iii) the person poses a threat to public order or national security.

• (2) A person arrested under subsection (1) may, under warrant of the arresting officer or member, be taken by an immigration officer or a member of An Garda Síochána to and be detained—

• (a) for a period not exceeding 12 weeks (or until this Chapter ceases to apply to the person, if earlier), in a place prescribed by the Minister, in the custody of the person for the time being in charge of the place,

• (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 ship, train, road vehicle or aircraft referred to in subsection (3) is soon to leave the State, or

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

• (3) An immigration officer or a member of An Garda Síochána may make the necessary arrangements to place the person detained under subsection (2) on, and place the person on, a ship, train, road vehicle or aircraft that is soon to leave the State, and the person shall be deemed to be in lawful custody while so detained and until the ship, train, road vehicle or aircraft leaves the State.

• (4) The master or person in charge of a ship, train, road vehicle or aircraft that is soon to leave the State shall, if so directed by an immigration officer or a member of An Garda Síochána, receive a person to whom this Chapter applies on board the ship, train, road vehicle or aircraft and afford the person so received proper accommodation and maintenance during the journey concerned.

• (5) Subject to subsection (6), subsections (1) and (2) shall not apply to a person who is under the age of 18 years.

• (6) If and for so long as the arresting officer or member has reasonable grounds for believing that the person is not under the age of 18 years, the provisions of subsections (1) and (2) shall apply as if the person had attained the age of 18 years.

• (7) The matters referred to in subsection (1)(b)(i) to which the arresting officer or member may have regard, in considering whether there is a risk of the person absconding, include the following:

• (a) whether the person has misrepresented or omitted facts, whether or not by the use of false documents, in the processing of the person’s application or during the return or removal procedure;

• (b) whether the person has failed to comply with a requirement under section 227;

• (c) whether the person, having been informed of arrangements for the return or removal from the State, has failed to cooperate with those arrangements;

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

• (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 non-nationals in the State or, as the case may be, that state.

• (8) Without prejudice to section 226, where a person detained under this section institutes court proceedings challenging the validity of the return decision concerned, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more than one of the following conditions:

• (a) that the person reside or remain in a particular district or place in the State;

• (b) that the person report to a specified Garda Síochána station or immigration officer at specified intervals;

• (c) that the person surrender any passport or travel document in the person’s possession.

231. Cessation of return border procedure

231. Where this Chapter ceases to apply to a person in accordance with section 226(2), sections 222, 223 and 224 shall apply to the person subject to the modification that, notwithstanding section 222, an immigration officer or a member of An Garda Síochána shall, for the purpose of facilitating the removal from the State or return of the person, by notice in writing require the person to do one or more than one of the matters referred to in paragraphs (a) to (d) of section 222(1).

Chapter 3 Miscellaneous

232. Power to enter premises

232. (1) Subject to subsection (2), for the purpose of arresting a person under section 223 or 230, an immigration officer or a 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 officer or member, with reasonable cause, suspects the person to be.

• (2) Where the premises referred to in subsection (1) is a dwelling, the immigration officer or member of An Garda Síochána shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the officer or member to be in charge of the dwelling, enter that dwelling unless—

• (a) the person referred to in subsection (1) ordinarily resides at the dwelling, or

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

233. Issue of travel document for purpose of return

233. The Minister may, in order to facilitate and effect the return, or removal from the State, of a person the subject of a return decision under section 216, 218 or 219, issue to the person a laissez-passer or such other travel document as the Minister considers appropriate.

234. Review of detention under Part 11

234. (1) A person who is detained under section 223 or 230 for more than 4 weeks may request, in writing, a review of the detention for the purposes of determining whether the grounds on which the person is detained under section 223 or 230 continue to apply.

• (2) A review requested under subsection (1) shall be carried out—

• (a) where the person is detained under warrant of a member of An Garda Síochána, by a member of An Garda Síochána who is more senior than the first-mentioned member and, in any event, is at least of the rank of Superintendent, or

• (b) where the person is detained under warrant of an immigration officer, by an officer of the Minister who is of a grade more senior than the immigration officer, and is otherwise of a grade determined by the Minister.

• (3) The person may, when making the request, offer in writing the reasons that the person is of the view the grounds for the detention under section 223 or 230 no longer apply.

• (4) If the person detained has a legal representative, the legal representative may request the review on behalf of the person.

• (5) The member of An Garda Síochána or officer of the Minister carrying out the review shall consider—

• (a) the grounds on which the person is detained,

• (b) the reasons set out by the person under subsection (3) (if any), and

• (c) any change in circumstances that has occurred since the detention began and that is relevant to the person’s continued detention.

• (6) The member of An Garda Síochána or officer of the Minister carrying out the review, shall, having considered the matters referred to in subsection (5), direct the release of the person if the member or officer considers that there are no grounds for continuing to detain the person under section 223 or 230.

PART 12 Humanitarian Admission Framework, Programme Refugees, Temporary Protection and Crisis and Force Majeure

235. Definitions (Part 12)

235. (1) For the purposes of this Part—

“Council Decision” means a Council Decision under Article 5 of the Temporary Protection Directive;

“designated premises” means a premises designated or deemed to be designated under section 237(15);

“displaced persons” has the meaning it has in the Temporary Protection Directive;

“Irish transit visa” and “Irish visa” have the same meanings as they have in the Immigration Act 2003;

“notice of intention to revoke” has the meaning given to it in section 238(2);

“permission holder” means a person who has been given a permission to reside in the State under section 237(8) which permission is valid;

“temporary protection” means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection, in accordance with Article 2(a) of the Temporary Protection Directive;

“Temporary Protection Directive” means Council Directive 2001/55/EC of 20 July 2001²¹ on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof and any other Directive amending or replacing it.

• (2) A reference in any enactment to—

• (a) a permission given under section 60(6) of the Act of 2015 shall be construed as including a reference to a permission given under section 237(8), and

• (b) a person to whom section 60 of the Act of 2015 applies shall be construed as including a reference to a person to whom section 237 applies.

• (3) On and from the commencement of this Part, a displaced person, to whom a Council Decision under Article 5 of the Temporary Protection Directive applies, shall be given a permission in accordance with section 237(8) and not under section 60(6) of the Act of 2015.

236. Programme Refugees

236. (1) For the purposes of this Part, a “programme refugee” means a person, whether or not such person is a refugee within the meaning of the definition of “refugee” in section 2—

• (a) to whom permission to enter and remain in the State under the Union Resettlement and Humanitarian Admission Framework Regulation in accordance with subsection (3) has been given by the Minister and whose name is entered by the Minister in the register referred to in subsection (6),

• (b) to whom permission to enter and remain in the State under the Union Resettlement and Humanitarian Admission Framework Regulation in accordance with subsection (4) has been given by the Minister and whose name is entered by the Minister in the register referred to in subsection (6),

• (c) to whom permission to enter and remain in the State for resettlement has been given by the Government or the Minister in accordance with other governmental programmes or humanitarian schemes, and whose name is entered in the register referred to in subsection (6), other than—

• (i) those referred to in paragraph (e), or

• (ii) those granted temporary protection,

• (d) who, on the date on which this section comes into operation, is a programme refugee within the meaning of section 59 of the Act of 2015, or

• (e) to whom permission to enter and remain in the State on an ad hoc temporary basis as a refugee has been given by the Government or the Minister.

• (2) During such period as he or she is entitled to remain in the State pursuant to a permission given by the Government or the Minister—

• (a) under paragraph (a) or (b) of subsection (1), Part 9 shall apply to a programme refugee, or

• (b) under paragraph (c), (d), or (e) of subsection (1), sections 202(1), 203 and 207 shall apply to a programme refugee.

• (3) For the reception and resettlement in the State of programme refugees admitted under the Union Resettlement and Humanitarian Admission Framework Regulation in accordance with subsection (1)(a), the Minister, after consultation with the Minister for Foreign Affairs and Trade—

• (a) shall request the High Commissioner to refer to him or her, in accordance with Article 9 of the Union Resettlement and Humanitarian Admission Framework Regulation, such persons as are eligible for admission in accordance with paragraphs (1), (3) and (4) of Article 5 of that Regulation, and

• (b) shall follow the admission procedure as set out in Article 9 of the Union Resettlement and Humanitarian Admission Framework Regulation.

• (4) For the reception and humanitarian admission into the State of programme refugees admitted under the Union Resettlement and Humanitarian Admission Framework Regulation in accordance with subsection (1)(b), the Minister, after consultation with the Minister for Foreign Affairs and Trade—

• (a) may request the High Commissioner, the Asylum Agency or another relevant international body to refer to him or her, in accordance with Article 9 of the Union Resettlement and Humanitarian Admission Framework Regulation, such persons as are eligible in accordance with paragraphs (2), (3) and (4) of Article 5 of that Regulation, and

• (b) shall follow the admission procedure as set out in Article 9 of the Union Resettlement and Humanitarian Admission Framework Regulation.

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

• (6) Notwithstanding the repeal of the Act of 2015 by section 5, the register established under section 59 of that Act and maintained by the Minister shall continue in being and be maintained by the Minister for the purposes of this Part.

• (7) For the reception and resettlement in the State and the humanitarian admission into the State of programme refugees admitted under the Union Resettlement and Humanitarian Admission Framework Regulation in accordance with paragraphs (a) and (b) of subsection (1), the eligibility requirements set out in Article 5, the grounds for refusing admission set out in Article 6 and the consent requirements set out in Article 7 of that Regulation shall apply.

• (8) The Minister shall carry out the functions of a Member State in accordance with the admission procedure as set out in Article 9 of the Union Resettlement and Humanitarian Admission Framework Regulation.

• (9) In this section, “register” means the register referred to in subsection (6) and maintained by the Minister, for the registering of programme refugees.

• (10) A word or expression that is used in this section and is also used in the Union Resettlement and Humanitarian Admission Framework Regulation shall have the same meaning as it has in that Regulation unless the context otherwise requires.

237. Temporary protection

237. (1) This section applies to a displaced person to whom, following a Council Decision under Article 5 of the Temporary Protection Directive, permission to enter and remain in the State for temporary protection as part of a specific group of such displaced persons has been given by the Government or the Minister and whose personal data is entered in the register referred to in subsection (2).

• (2) The Minister shall, as soon as practicable after the coming into operation of this section, cause to be established and maintained, in such form as he or she considers appropriate, a register of displaced persons referred to in subsection (1), to be known as the Register of Beneficiaries of Temporary Protection.

• (3) The Minister shall exclude a displaced person from temporary protection and shall not give the person a permission in accordance with subsection (8) if—

• (a) there are serious reasons for considering that—

• (i) he or she has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes, or

• (ii) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble to, and Articles 1 and 2, of the Charter of the United Nations and embodied in its resolutions relating to measures countering terrorism,

• (b) there are reasonable grounds for regarding him or her as a danger to the security of the State,

• (c) subject to subsection (4), the Minister is of the opinion that he or she constitutes a danger to the community of the State because he or she was convicted by a final judgment of a particularly serious crime, whether in the State or elsewhere, or

• (d) subject to subsection (4), there are serious reasons for considering that he or she has committed a serious non-political crime outside the State prior to his or her entry into the State.

• (4) In considering whether to exclude a displaced person from temporary protection under paragraph (c) or (d) of subsection (3), the Minister shall consider the reasons underlying the Council Decision concerned as they relate to the displaced person and the nature of the crime concerned.

• (5) Paragraph (d) of subsection (3) applies both to the participants in, and the persons who have instigated, a crime referred to in that paragraph.

• (6) The Minister shall not give to a displaced person a permission in accordance with subsection (8) where he or she—

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

• (b) holds a valid residence permit from another Member State issued in accordance with Article 8 of the Temporary Protection Directive,

• (c) has an application for international protection under consideration within the meaning of the Act of 2015, or

• (d) is an applicant within the meaning of this Act.

• (7) A person who is given a permission under subsection (8) may not hold another permission that requires registration under the Act of 2004.

• (8) The Minister shall, subject to subsections (3) and (6), give to a displaced person to whom this section applies a permission to reside in the State and—

• (a) if required, issue him or her with an Irish visa or an Irish transit visa, and

• (b) provide him or her with information, in a language that he or she understands or is reasonably supposed to understand, setting out the provisions of this section relating to temporary protection in the State.

• (9) Subject to section 238(1)(a), a permission to reside in the State given under subsection (8) shall be valid for at least one year and may be extended in accordance with Article 4 of the Temporary Protection Directive.

• (10) Where, during the period of validity of a permission to reside in the State referred to in subsection (9), the permission holder concerned seeks to enter another Member State or has entered it without authorisation, the Minister may, in cooperation with the competent authority of that Member State, make arrangements for the return of the person to the State.

• (11) Without prejudice to section 238, a permission holder, whose permission is valid, shall be entitled—

• (a) to seek and enter employment, to engage in any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

• (b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and, other than while he or she is resident in a designated premises, the same social welfare benefits as those to which Irish citizens are entitled, and

• (c) to the same rights of travel in the State as those to which Irish citizens are entitled.

• (12) For the purposes of Article 15 of the Temporary Protection Directive, the Minister shall cooperate with the competent authorities of another Member State in relation to—

• (a) the transfer to another Member State,

• (b) the transfer from another Member State to the State,

• (c) the reunification in the State of family members, and

• (d) the reunification in another Member State of family members,

of a permission holder.

• (13) The Minister may prescribe documentation to be used for the purpose of enabling and facilitating transfers and reunifications referred to in subsection (12).

• (14) The Minister may, to the extent necessary and proportionate for the purposes of subsection (12), provide to the competent authority of another Member State, relating to the permission holder concerned, insofar as they are available—

• (a) personal data,

• (b) travel documents,

• (c) documents concerning evidence of family ties (such as marriage certificates, birth certificates and certificates of adoption),

• (d) other information required to establish the identity of the person or his or her family relationships,

• (e) residence permits and decisions concerning the giving or refusal of visas or residence permissions to the person by the Minister, and documents forming the basis of those decisions,

• (f) applications for visas or entry permissions or residence permissions submitted by the person and pending in the State, and information relating to the stage reached in the processing of these, and

• (g) any amended information within paragraphs (a) to (f) which becomes available.

• (15) For the purposes of this section, the Minister may, where he or she is satisfied that the premises concerned are suitable for the purpose, designate in writing such and so many premises as he or she considers appropriate for the accommodation of persons who have been given a permission to reside in the State under subsection (8), which permission is valid.

• (16) A premises designated under section 60(14A) of the Act of 2015 shall be deemed to be designated under subsection (15).

• (17) A person who—

• (a) for the purposes of seeking an entitlement conferred by this section, gives or makes any statement, declaration or information which is to his or her knowledge false or misleading in a material particular,

• (b) for the purposes of seeking an entitlement conferred by this section, destroys or conceals documents with intent to deceive, or

• (c) forges, fraudulently alters, assists in forging or fraudulently altering or procures the forging or fraudulent alteration of any document for reward where such documents are used or intended to be used in connection with seeking an entitlement conferred by this section,

shall be guilty of an offence.

• (18) A person who commits an offence under subsection (17) shall be liable—

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

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

238. Revocation of temporary protection

238. (1) A permission to reside in the State given to a displaced person under section 237(8) may be revoked—

• (a) when the temporary protection concerned comes to an end in accordance with the Temporary Protection Directive,

• (b) upon the transfer of residence of the permission holder to another Member State,

• (c) where section 237(6) applies in respect of the permission holder,

• (d) where the Minister decides that the permission should not have been given to the person due to a reason referred to in section 237(3),

• (e) where the Minister has reasonable grounds to believe that the permission holder did not meet the conditions of section 237(1) at the time of the permission being issued, or

• (f) where, in a 12 month period, the permission holder spends in excess of 90 days in aggregate of the period of validity referred to in section 237(9) outside the State.

• (2) The Minister, where he or she is satisfied that one or more of the revocation grounds specified in paragraph (c), (d), (e) or (f) of subsection (1) exists, shall, prior to revoking the permission under this section, give the permission holder such notice, as may be prescribed, of his or her intention to revoke the permission (in this section referred to as a “notice of intention to revoke”).

• (3) A notice of intention to revoke shall—

• (a) inform the permission holder of the Minister’s intention to revoke the permission,

• (b) subject to subsection (13), inform the permission holder of the reasons for the Minister’s opinion that one or more than one of the grounds specified in paragraph (c), (d), (e) or (f) of subsection (1) exists,

• (c) inform the permission holder of the right to make representations under subsection (4),

• (d) inform the permission holder of the effect of subsections (6) and (7), and

• (e) be in a language that the permission holder understands or is reasonably supposed to understand.

• (4) A permission holder to whom a notice of intention to revoke is given may, within the period of 28 days beginning on the date the notice is given to him or her, make representations in writing to the Minister regarding the intended revocation, including representations relating to the matters referred to in subsections (7) and (8).

• (5) After the expiry of the period referred to in subsection (4) the Minister shall—

• (a) having regard to the representations, if any, made by the permission holder under that subsection, decide—

• (i) whether to revoke the permission, and

• (ii) where he or she decides to revoke the permission, and in accordance with subsections (7) and (8) (where applicable), the date on which such revocation is to take effect, which shall be no earlier than the expiration of the period for submitting an appeal under subsection (10),

and

• (b) give the permission holder concerned a notification in writing of his or her decision.

• (6) A revocation under paragraph (a) or (b) of subsection (1) of a permission to reside in the State shall take effect on such date as is specified in the notification under subsection (5)(b).

• (7) A revocation under paragraph (c), (d), (e) or (f) of subsection (1) of a permission to reside in the State may operate—

• (a) from the date of revocation,

• (b) where the Minister considers it appropriate having regard to the circumstances of the individual case and the matters referred to at subsection (8), from the date the permission was granted, or

• (c) from any date between the dates referred to in paragraphs (a) and (b), depending on the circumstances of the individual case and the matters referred to in subsection (8).

• (8) The Minister shall have regard to the following matters, where applicable, when considering whether to revoke, in accordance with subsection (7)(b), a permission from the date the permission was granted:

• (a) whether a child or dependant of the permission holder has derived an autonomous right, entitlement or status from the person’s right, entitlement or status to reside in the State;

• (b) the extent to which any other person has derived an autonomous right, entitlement or status within the meaning of paragraph (a);

• (c) whether the permission holder failed to inform the Minister of a material fact which had, or was capable of having, an effect on the validity of the permission;

• (d) whether the permission was procured by fraud, misrepresentation, whether innocent or fraudulent, or concealment of material facts or circumstances;

• (e) any other information that the Minister deems relevant in the making of his or her decision.

• (9) Where the Minister decides under subsection (5) to revoke the permission, the notification under paragraph (b) of that subsection shall include a statement informing the permission holder of—

• (a) the Minister’s decision to revoke the permission, including the date on which the revocation is to take effect,

• (b) subject to subsection (13), the reasons for the decision,

• (c) where applicable, the right under subsection (10) of the permission holder to appeal that decision, and

• (d) the effect of subsection (11).

• (10) Where the revocation of a permission is on a ground referred to in paragraph (c), (d), (e) or (f) of subsection (1), the permission holder concerned may, within the period of 15 days beginning on the date on which the notification under subsection (5)(b) is given to him or her, appeal that decision to the Tribunal in accordance with Part 8.

• (11) The Tribunal, on the hearing of an appeal under subsection (10), may, as it thinks proper—

• (a) affirm the decision of the Minister, or

• (b) direct the Minister not to revoke temporary protection.

• (12) The decision of the Minister to revoke the permission shall take effect—

• (a) where no appeal to the Tribunal is brought against the decision of the Minister, on the date specified in the notification under subsection (5)(b), or

• (b) where an appeal to the Tribunal is brought against the decision of the Minister—

• (i) from the date on which the Tribunal, under subsection (11)(a), affirms the decision, or

• (ii) from the date on which the appeal is withdrawn.

• (13) Where the Minister considers that specifying the reasons for his or her intention to, or decision to, revoke a permission would be contrary to the interests of national security, he or she shall not include such reasons in the notice of intention to revoke or notification under subsection (5)(b), as the case may be.

239. Crisis and force majeure

239. (1) Subject to subsection (7), where the Government consider that the State is in a situation of crisis or force majeure, the Government may, at the request of the Minister, by order declare that the State is in such a situation and—

• (a) authorise the Minister to submit a reasoned request to the European Commission in accordance with Article 2 or 8 of the Crisis and Force Majeure Regulation,

• (b) authorise the Minister to make a request referred to in Article 5(2) of that Regulation, or

• (c) authorise the Minister to make the notification under Article 10(6) of that Regulation.

• (2) Where a Council implementing decision is made in respect of the situation of crisis or force majeure under Article 4(3) of the Crisis and Force Majeure Regulation, the Minister may, in accordance with the terms of the decision, make such regulations as are necessary for the purpose of applying the derogations under Article 10, 11, 12 or 13 of that Regulation that the State is authorised by that decision to apply.

• (3) Where the making of a notification referred to in Article 10(6) of the Crisis and Force Majeure Regulation is authorised under subsection (1) and the notification is made by the Minister to the European Commission, the Minister may make regulations for the purposes of applying the derogation referred to in Article 10(1) of that Regulation for a period not exceeding 10 days from the day following the date of the submission of the reasoned request concerned under Article 2 of that Regulation.

• (4) Without prejudice to the generality of subsections (2) and (3), the regulations—

• (a) may modify the application of provisions of this Act for the purpose of applying the derogations under Article 10, 11, 12 or 13 of the Crisis and Force Majeure Regulation,

• (b) shall comply with the Crisis and Force Majeure Regulation, in particular Article 5(3) thereof, and

• (c) may provide for the matters referred to in Article 15 of the Crisis and Force Majeure Regulation.

• (5) Subject to subsection (7), where, as a result of the measures required to support a Member State facing a situation of crisis included in a Council implementing decision under Article 4 of the Crisis and Force Majeure Regulation, the Government consider that the State is facing a situation of crisis, the Government may, at the request of the Minister, by order—

• (a) declare that the State is facing such a situation, and

• (b) authorise the Minister to submit a request, in accordance with Article 9(7) of the Crisis and Force Majeure Regulation, under Article 2 of that Regulation.

• (6) Notwithstanding Part 7, where a recommendation is made by the European Commission under Article 14(1) of the Crisis and Force Majeure Regulation, and the Determining Authority omits the substantive interview under Part 7 for the purposes of the consideration of an application the subject of the recommendation or prioritises the examination of an application the subject of that recommendation in accordance with section 150, the Determining Authority shall conclude the examination of the merits of the application no later than 4 weeks from the lodgement of the application.

• (7) Where an order is proposed to be made under subsection (1) or (5), a draft of the order and a draft of the reasoned request referred to in subsection (1)(a), request referred to in subsection (1)(b), notification referred to in subsection (1)(c) or request referred to in subsection (5)(b), as the case may be, shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft order has been passed by each such House.

• (8) In this section, the “Crisis and Force Majeure Regulation” means Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024²² addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147.

• (9) A word or expression that is used in this section and is also used in the Crisis and Force Majeure Regulation shall have the same meaning as it has in that Regulation unless the context otherwise requires.

PART 13 Tribunal

Chapter 1 Definitions (Part 13)

240. Definitions (Part 13)

240. In this Part—

“appeal” means an appeal within the meaning of Part 8;

“Appeals Officer” means—

• (a) the Chief Appeals Officer,

• (b) a Deputy Chief Appeals Officer, and

• (c) a person appointed by the Minister under section 244(7) to be an Appeals Officer, other than a Deputy Chief Appeals Officer, of the Tribunal;

“business”, other than in section 251(8), means—

• (a) the determination of appeals and appeals under sections 109, 140 and 238(10),

• (b) the determination of requests to remain and requests to remain within the meaning of Part 11, and

• (c) any additional tasks assigned to an Appeals Officer by the Chief Appeals Officer in order to fulfil any other functions conferred on the Tribunal by or under the EU acts, this Act and any other enactment;

“Deputy Chief Appeals Officer” means a person appointed by the Minister under section 244(7) to be a Deputy Chief Appeals Officer of the Tribunal;

“designated member of staff” means a member of staff appointed under section 252(3) to be a designated member of staff for the purposes of any of the provisions of this Part;

“Director” has the meaning given to it by section 251(1);

“establishment day of the Tribunal” means the day appointed under section 241;

“International Protection Appeals Tribunal” means the Tribunal established by section 61 of the Act of 2015;

“member of staff” has the meaning given to it by section 252(1).

Chapter 2 Establishment of Tribunal

241. Establishment day of Tribunal

241. The Minister shall, by order, appoint a day to be the establishment day of the Tribunal for the purposes of this Part.

242. Establishment of Tribunal

242. There shall stand established, on the establishment day of the Tribunal, a body to be known in the Irish language as An Binse um Achomhairc i dtaobh Tearmainn agus Filleadh or (notwithstanding section 9D(1) of the Official Languages Act 2003), in the English language as the Tribunal for Asylum and Returns Appeals (in this Act referred to as the “Tribunal”), to perform the functions conferred on it by or under the EU acts, this Act and any other enactment.

Chapter 3 Tribunal

243. Functions of Tribunal

243. (1) The Tribunal shall have the following functions:

• (a) to determine appeals and appeals under sections 109, 140 and 238(10);

• (b) to determine requests to remain and requests to remain within the meaning of Part 11;

• (c) to perform such other functions conferred on it by or under the EU acts, this Act and any other enactment.

• (2) The Tribunal shall be—

• (a) inquisitorial in nature, and

• (b) independent in the performance of its functions.

244. Composition of Tribunal

244. (1) The Tribunal shall consist of the following Appeals Officers—

• (a) a Chief Appeals Officer, who shall be appointed in a whole-time capacity,

• (b) such number of Deputy Chief Appeals Officers, who shall be appointed in a whole-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal,

• (c) such number of other Appeals Officers, who shall be appointed in a whole-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal, and

• (d) such number of other Appeals Officers, who shall be appointed in a part-time capacity, as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, considers necessary for the performance of the functions of the Tribunal.

• (2) An Appeals Officer referred to in paragraph (a) or (b) of subsection (1) shall have had before his or her appointment not less than 5 years’ experience as—

• (a) a practising solicitor or practising barrister,

• (b) an Appeals Officer referred to in paragraph (c) or (d) of subsection (1), or

• (c) a member of the International Protection Appeals Tribunal.

• (3) An Appeals Officer referred to in subsection (1)(c) shall be—

• (a) a practising solicitor or practising barrister,

• (b) a member of the International Protection Appeals Tribunal,

• (c) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title,

• (d) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or

• (e) a legal academic, where the person is, at the time of his or her appointment under subsection (7), a solicitor or qualified barrister.

• (4) An Appeals Officer referred to in subsection (1)(d) shall have had before his or her appointment not less than 2 years’ experience—

• (a) as a practising solicitor or practising barrister,

• (b) as a member of the International Protection Appeals Tribunal,

• (c) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title,

• (d) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or

• (e) as a legal academic, where the person is, at the time of his or her appointment under subsection (7), a solicitor or qualified barrister.

• (5) The Chief Appeals Officer shall be appointed by the Government on the recommendation of the Service.

• (6) Subject to subsection (2) and section 245(10), the Service shall identify and recommend a person for appointment by the Government as the Chief Appeals Officer following a competition held by the Service for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004.

• (7) Subject to subsection (8), the Appeals Officers (other than the Chief Appeals Officer) shall be appointed by the Minister.

• (8) Subject to subsections (2) to (4) and sections 245(10) and (11), the Minister shall not appoint an Appeals Officer unless the Service, after holding a competition under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004, has selected him or her for appointment to the position.

• (9) The Minister may, notwithstanding subsection (8), appoint an Appeals Officer under subsection (7) without a selection competition having been held by the Service under subsection (8) where the person stands appointed as a member of the International Protection Appeals Tribunal (other than its chairperson) and he or she consents to being so appointed.

• (10) Before the establishment day of the Tribunal—

• (a) the Government may designate a person to be appointed as the first Chief Appeals Officer, and

• (b) the Minister may designate persons to be appointed as the first Deputy Chief Appeals Officers.

• (11) Where, immediately before the establishment day of the Tribunal—

• (a) a person stands designated by the Government under subsection (10)(a), that person shall, on that day, stand appointed as the first Chief Appeals Officer for a period of 5 years, and

• (b) a person stands designated by the Minister under subsection (10)(b), that person shall, on that day, stand appointed as a first Deputy Chief Appeals Officer for a period of 5 years.

• (12) In this section—

“home professional title”, “lawyer”, “member state” and “professional activities” have the same meanings as they have in the European Communities (Lawyers’ Establishment) Regulations 2003 (S.I. No. 732 of 2003);

“legal academic” shall be construed in accordance with section 45A(2) of the Courts (Supplemental Provisions) Act 1961;

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

“solicitor” means a person who has been admitted as a solicitor whose name is on the roll of solicitors (within the meaning of the Solicitors Act 1954).

245. Terms of appointment and conditions of office of Appeals Officers

245. (1) The Chief Appeals Officer, a Deputy Chief Appeals Officer and all other Appeals Officers appointed in a whole-time capacity shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may determine.

• (2) Each Appeals Officer appointed in a part-time capacity shall hold office under a contract for services in writing, containing such terms and conditions (including terms and conditions relating to remuneration, allowances, expenses and superannuation) as the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, may determine.

• (3) The term of office of the Appeals Officers shall, subject to subsection (4), be as follows:

• (a) the term of office of the Chief Appeals Officer shall be 5 years and a Chief Appeals Officer may be reappointed to the office for a second term not exceeding 5 years;

• (b) the term of office of a Deputy Chief Appeals Officer shall be 5 years and a Deputy Chief Appeals Officer may be reappointed to the office for a second term not exceeding 5 years;

• (c) the term of office of an Appeals Officer appointed in a whole-time capacity, other than the Chief Appeals Officer and a Deputy Chief Appeals Officer, shall be 7 years and such an Appeals Officer may be reappointed to the office for a second term not exceeding 3 years;

• (d) the term of office of an Appeals Officer appointed in a part-time capacity shall be 7 years and such an Appeals Officer may be reappointed to the office for a second term not exceeding 3 years.

• (4) The term of office of an Appeals Officer to whom section 244(9) applies shall be for a period not exceeding the unexpired term of the person’s appointment as a member of the International Protection Appeals Tribunal.

• (5) Where it is proposed to reappoint an Appeals Officer, it shall not be necessary for the person to participate in a selection competition undertaken by the Service under section 244(6) or (8), as the case may be.

• (6) A person shall not be eligible for appointment as an Appeals Officer if he or she is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

• (d) elected or co-opted as a member of a local authority,

• (e) appointed to judicial office, or

• (f) appointed Attorney General.

• (7) A person shall be disqualified from holding and shall cease to hold office as an Appeals Officer if he or she—

• (a) subject to subsection (8), is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

• (d) is convicted of an offence involving fraud or dishonesty,

• (e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Act of 2014) whether by virtue of that Chapter or any other provision of that Act or a disqualification outside the State to like effect which corresponds to such a disqualification order.

• (8) Subsection (7)(a) shall apply only for so long as a person has not obtained a certificate of discharge from bankruptcy.

• (9) Without prejudice to the generality of subsection (7), that subsection shall be construed as prohibiting the reckoning of a period referred to therein as service with the Tribunal for the purposes of any superannuation benefits payable under this Act or otherwise.

• (10) If an Appeals Officer appointed in a whole-time capacity—

• (a) dies, resigns, becomes disqualified or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be an Appeals Officer in a whole-time or part-time capacity until an appointment is made in accordance with section 244(5) or (7).

• (11) If an Appeals Officer appointed in a part-time capacity—

• (a) dies, resigns, becomes disqualified or is removed from office, or

• (b) is for any reason temporarily unable to continue to perform his or her functions,

the Minister may appoint another person to be an Appeals Officer in a part-time capacity to fill the vacancy so occasioned until an appointment is made in accordance with section 244(7).

246. Resignation and removal of Appeals Officers

246. (1) The Chief Appeals Officer may resign from office by notice in writing to the Minister and the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Government agree to that date, on that date.

• (2) An Appeals Officer (other than the Chief Appeals Officer) may resign from office by notice in writing to the Minister and the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to that date, on that date.

• (3) The Chief Appeals Officer may be removed from office by the Government where the Government are satisfied that one or more of the following grounds apply to the Chief Appeals Officer:

• (a) he or she has become incapable through ill-health of performing his or her functions;

• (b) he or she has engaged in serious misconduct;

• (c) in the opinion of the Government, he or she has failed without reasonable cause to perform his or her functions for a continuous period of at least 3 months;

• (d) he or she has contravened to a material extent a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995, applies to him or her.

• (4) An Appeals Officer (other than the Chief Appeals Officer) may be removed from office by the Minister where the Minister is satisfied that one or more of the grounds specified in any of the paragraphs of subsection (3) apply to the Appeals Officer.

• (5) Where—

• (a) the Government propose to remove the Chief Appeals Officer from office under subsection (3), or

• (b) the Minister proposes to remove an Appeals Officer from office under subsection (4),

the Minister shall give notice in writing to the Appeals Officer concerned of the proposal.

• (6) A notice under subsection (5) shall include a statement—

• (a) of the reasons for the proposed removal from office,

• (b) that the Appeals Officer concerned may, within a period of 30 working days from the giving of the notice or such longer period as the Minister may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government or the Minister, as the case may be, in such form and manner as may be specified by the Minister, as to why the Appeals Officer should not be removed from office, and

• (c) that where no representations are received within the period referred to in paragraph (b) or the period specified in the notice, as the case may be—

• (i) the Government shall, without further notice to the Chief Appeals Officer, proceed with the removal from office in accordance with subsection (3), or

• (ii) the Minister shall, without further notice to the Appeals Officer, proceed with the removal from office of the Appeals Officer in accordance with subsection (4).

• (7) In considering whether to remove the Chief Appeals Officer from office under subsection (3) or an Appeals Officer from office under subsection (4), the Government or the Minister, as the case may be, shall take into account—

• (a) any representations made by the Appeals Officer concerned under subsection (6)(b) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and

• (b) any other matter the Government consider or the Minister considers, as the case may be, relevant for the purpose of the decision.

• (8) Where, having taken into account the matters referred to in subsection (7)—

• (a) the Government decide to remove the Chief Appeals Officer from office, or

• (b) the Minister decides to remove an Appeals Officer from office,

the Minister shall give notice in writing to the Appeals Officer concerned of the decision and the reasons for that decision.

• (9) Where the Government decide to remove a Chief Appeals Officer from office in accordance with this section, they shall prepare a statement of the reason or reasons for such removal and cause that statement to be laid before each House of the Oireachtas as soon as practicable after the decision is made.

• (10) For the purposes of subsection (4), the reference in subsection (3)(c) to the opinion of the Government shall be construed as a reference to the opinion of the Minister.

247. Functions of Chief Appeals Officer

247. (1) The Chief Appeals Officer shall have the following functions:

• (a) to ensure that the functions of the Tribunal are performed efficiently;

• (b) to ensure that the business assigned to each Appeals Officer is disposed of as expeditiously as may be consistent with fairness and natural justice.

• (2) The Chief Appeals Officer may, with a view to promoting high professional standards, issue to the other Appeals Officers guidelines on—

• (a) the practical application and operation of the provisions of this Act or regulations made under this Act that relate to the functions of the Tribunal,

• (b) developments in the law relating to international protection,

• (c) without prejudice to the generality of paragraphs (a) and (b), the practical application and operation of section 191(2) and developments in the law relating to Article 67(3) of the Asylum Procedures Regulation, and

• (d) without prejudice to a complete and fair examination of an appeal and in the interests of swift and fair procedures, the practical application and operation of section 197.

• (3) The Chief Appeals Officer may—

• (a) request the Director to re-assign business from one Appeals Officer to a different Appeals Officer if, in the opinion of the Chief Appeals Officer, such re assignment is warranted by the inability or unwillingness to transact that business by the Appeals Officer to whom the business was originally assigned and such a request shall contain reasons for same,

• (b) require an Appeals Officer to prepare a report of his or her determination of each appeal within a period specified in the guidelines referred to in subsection (2), and

• (c) require an Appeals Officer to prepare a report on any aspect of the transaction of the business assigned to the Appeals Officer.

• (4) The Chief Appeals Officer shall accord priority to an appeal or a request to remain—

• (a) upon a request by the Minister under section 281,

• (b) where the appeal or request is in respect of an application to which the asylum border procedure under Chapter 6 of Part 7 applied, or

• (c) when he or she is of the opinion that it is in the interests of justice to do so.

• (5) Without prejudice to section 243(2)(b), the Chief Appeals Officer may from time to time convene a meeting with an Appeals Officer or Appeals Officers for the purpose of discussing matters relating to the transaction of the business assigned to the Officer or Officers, including, in particular, such matters as divergences in the transaction of business by the Officers.

• (6) The Chief Appeals Officer may make provision for training programmes for Appeals Officers.

248. Delegation of functions of Chief Appeals Officer

248. (1) Subject to subsection (2), the Chief Appeals Officer may, in writing, delegate any of his or her functions—

• (a) to a Deputy Chief Appeals Officer, or

• (b) any other Appeals Officer appointed in a whole-time capacity.

• (2) A delegation under this section may—

• (a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

• (b) be made subject to conditions or restrictions, and

• (c) be revoked or varied by the Chief Appeals Officer at any time.

• (3) The delegation of a function under this section does not preclude the Chief Appeals Officer from performing the function.

• (4) Where the Chief Appeals Officer’s functions are delegated to a person under this section, any references to the Chief Appeals Officer shall be construed as references to that person.

• (5) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Chief Appeals Officer.

• (6) A delegation under this section shall not cease to have effect by reason only of a change in the person lawfully acting as, or performing the functions of, the Chief Appeals Officer.

• (7) In any legal proceedings, a certificate purporting to be signed by the Chief Appeals Officer stating that a specified function of the Chief Appeals Officer was, on a specified date, delegated by him or her under this section to a specified person and specifying the conditions or restrictions (if any) imposed on the delegation shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Chief Appeals Officer.

249. Power of Deputy Chief Appeals Officer to perform functions of Chief Appeals Officer

249. (1) The Minister shall appoint a Deputy Chief Appeals Officer to perform the functions of the Chief Appeals Officer during any period where—

• (a) the Chief Appeals Officer is absent or incapacitated, or

• (b) the office of the Chief Appeals Officer is vacant.

• (2) Where a Deputy Chief Appeals Officer is performing the functions of the Chief Appeals Officer pursuant to an appointment under subsection (1), references in this Act and any other enactment to the Chief Appeals Officer shall be construed as references to the Deputy Chief Appeals Officer for the duration of such appointment.

250. Functions of Appeals Officers

250. (1) A Deputy Chief Appeals Officer and any other Appeals Officer appointed in a whole time capacity (other than the Chief Appeals Officer) shall perform such of the functions of the Chief Appeals Officer under this Act as the Chief Appeals Officer may assign to him or her.

• (2) An Appeals Officer shall have the function, on behalf of the Tribunal, of transacting the business assigned to him or her under this Act.

• (3) An Appeals Officer shall, in the performance of his or her functions under this Act—

• (a) ensure that the business assigned to him or her is managed efficiently and disposed of as expeditiously as is consistent with fairness and natural justice,

• (b) conduct oral hearings in accordance with this Act and regulations made under this Act,

• (c) accord priority to an appeal or request to remain to which section 247(4) applies that is assigned to him or her,

• (d) have regard to any guidelines issued by the Chief Appeals Officer under section 247(2),

• (e) prepare the report referred to in paragraph (b) or (c) of section 247(3) and provide it to the Chief Appeals Officer when requested to do so,

• (f) attend any meetings convened by the Chief Appeals Officer under section 247(5), unless it is impracticable to do so,

• (g) provide such assistance to the Chief Appeals Officer in the performance by the Chief Appeals Officer of his or her functions under this Act as the Chief Appeals Officer may reasonably request, and

• (h) comply with any direction given by the Chief Appeals Officer relating to training and the continued professional development of Appeals Officers.

251. Director of Tribunal

251. (1) The Minister shall appoint a person to be the Director of the Tribunal (in this Part referred to as the “Director”).

• (2) The Minister may, before the establishment day of the Tribunal, designate a person to be appointed as the first Director.

• (3) Where, immediately before the establishment day of the Tribunal, a person stands designated under subsection (2), that person shall, on that day, stand appointed as the first Director.

• (4) The Director shall have the following functions—

• (a) to manage and control generally the staff and administration of the Tribunal,

• (b) to assign, having regard to section 247(4), to each Appeals Officer the appeals and requests to remain to be determined by him or her,

• (c) to bring to the attention of the Chief Appeals Officer any matter relevant to the Chief Appeals Officer’s functions under section 247(1) or (4),

• (d) to provide the Minister with such information, including financial information, in respect of the performance of his or her functions as the Minister may require, and

• (e) to perform such other functions (if any) as may be authorised under this Act.

• (5) The Director may, including whenever requested by the Chief Appeals Officer, assign to the Chief Appeals Officer—

• (a) appeals or requests to remain, or

• (b) a particular appeal or request to remain,

to be determined by the Chief Appeals Officer under this Act.

• (6) The Director may, in accordance with a request made under section 247(3)(a), re assign any appeal or request to remain.

• (7) Subject to this Act, the Director shall be independent in the performance of his or her functions.

• (8) The Director shall not hold any other office or occupy any position in respect of which remuneration is payable or carry on any business, trade or profession, without the consent of the Minister.

252. Staff of Tribunal

252. (1) The Minister may appoint such and so many persons to be members of staff of the Tribunal (in this Part referred to as “members of staff”) as he or she considers necessary to assist the Tribunal in the performance of its functions and such members of staff shall receive such remuneration and be subject to such other terms and conditions of service as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (2) Members of staff shall be civil servants within the meaning of the Civil Service Regulation Acts 1956 to 2005.

• (3) Without prejudice to the generality of subsection (1), the Minister may appoint in writing a person who is appointed under this section as a member of staff to be a designated member of staff for the purposes of this Part.

• (4) Subject to subsection (6), a designated member of staff shall, at the direction of an Appeals Officer, support Appeals Officers in the transaction of the business assigned to Appeals Officers under this Act.

• (5) A designated member of staff may, in the performance of the function under subsection (4), do any of the following—

• (a) such preparatory and procedural work, including research, in relation to an appeal, as an Appeals Officer may require, and

• (b) all such other things as an Appeals Officer may consider conducive to the transaction of the business assigned to him or her under this Act.

• (6) No function conferred on or power vested in a designated member of staff under this Act shall be exercised so as to interfere with the conduct of that part of the business of the Tribunal required by law to be transacted by or before an Appeals Officer or to impugn the independence of an Appeals Officer in the determination of an appeal.

253. Power of member of staff to perform functions of Director

253. (1) The Director may authorise a member of staff, other than a designated member of staff, to perform the functions of the Director during any period where—

• (a) the Director is absent or incapacitated, or

• (b) the position of the Director is vacant.

• (2) The Minister may, where the Director has not made an authorisation under subsection (1) and where paragraph (a) or (b) of that subsection applies, authorise a member of staff, other than a designated member of staff, to perform the functions of the Director for the period required.