INTERNATIONAL PROTECTION ACT 2026

• (3) Where a member of staff is performing the functions of the Director pursuant to an authorisation under subsection (1) or (2), references in this Act and any other enactment to the Director shall be construed as references to the member of staff for the duration of such authorisation.

Chapter 4 Reporting

254. Annual report of Tribunal

254. (1) The Director shall, not later than 3 months after the end of each year, prepare and submit to the Minister a report on the activities of the Tribunal during the preceding year (in this section referred to as an “annual report”).

• (2) The Minister shall cause a copy of an annual report to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.

• (3) The Director shall ensure that, as soon as practicable after a copy of an annual report is laid before each House of the Oireachtas, the report is published on a website maintained by or on behalf of the Tribunal or in such other manner as the Director may specify.

• (4) Notwithstanding subsection (1), if, but for this subsection, the first annual report under that subsection would relate to a period of less than 6 months, that annual report shall relate to that period and to the year immediately following that period and shall be prepared as soon as practicable, but not later than 3 months, after the end of that year.

255. Reports of Chief Appeals Officer

255. (1) The Chief Appeals Officer may make a report in writing to the Minister in respect of any matters relating to the activities of the Chief Appeals Officer or the performance of his or her functions or those of the Tribunal together with any recommendations that the Chief Appeals Officer considers appropriate that, in his or her opinion, require, due to the gravity of the matters or other exceptional circumstances, a report.

• (2) Where an Appeals Officer fails to comply with section 247(3)(b) or (c), the Chief Appeals Officer may make a report in writing to the Minister in respect of such failure.

• (3) The Minister may request the Chief Appeals Officer to make a report in writing to him or her in respect of any matter relating to the functions of the Chief Appeals Officer.

• (4) The Chief Appeals Officer shall, as soon as practicable after he or she receives a request under subsection (3), comply with the request and submit a report to the Minister.

256. Reports of Director

256. (1) The Director may make a report in writing to the Minister in respect of any matter relating to the functions of the Director.

• (2) The Minister may request the Director to make a report in writing to him or her in respect of any matter relating to the functions of the Director.

• (3) The Director shall, as soon as practicable after he or she receives a request under subsection (2), comply with the request and submit a report to the Minister.

PART 14 Chief Inspector of Asylum Border Procedures

Chapter 1 Definitions (Part 14)

257. Definitions (Part 14)

257. In this Part—

“Advisory Board” has the meaning assigned to it by section 265;

“annual report” has the meaning assigned to it by section 269;

“applicant” means an applicant for international protection who is located at a designated asylum border facility;

“asylum border procedure” means the procedures and processes that apply to applicants subject to the asylum border procedure under Chapter 6 of Part 7 at the State’s borders who are not yet authorised to enter the territory of the State;

“Charter” means the Charter of Fundamental Rights of the European Union;

“complaint” means a complaint lodged by or on behalf of an applicant, located at a designated asylum border facility where—

• (a) the applicant located at a designated asylum border facility considers that there has been an infringement of his or her fundamental rights, and

• (b) the Chief Inspector is the competent supervisory authority in respect of the complaint;

“data equipment” has the same meaning as it has in the Act of 2018;

“designated asylum border facility” means—

• (a) a location designated by the Minister for the carrying out of the screening procedure, within the meaning of Part 2, the asylum border procedure, within the meaning of Chapter 6 of Part 7, or the return border procedure, within the meaning of Chapter 2 of Part 11, or

• (b) any place whether on a land or sea frontier, including an approved port within the meaning of section 6 of the Act of 2004, where a person lands or arrives into the State and where an immigration officer is deployed by the Minister;

“formal investigation” means an investigation, by the Chief Inspector, of a breach, or allegation of a breach, of fundamental rights in relevant activities in relation to the screening of applicants and asylum border procedures and includes the collection and analysis of evidence, the identification of causal factors and the making of recommendations, as necessary;

“fundamental rights” means—

• (a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution,

• (b) the rights, liberties and freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, including the Charter with relevant international law, including the Geneva Convention, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights and the Convention provisions within the meaning of the European Convention on Human Rights Act 2003, and

• (c) without prejudice to the generality of paragraphs (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being—

• (i) inherent in persons as human beings, and

• (ii) necessary to enable a person to live with dignity.

Chapter 1 Establishment of Office of Chief Inspector of Asylum Border Procedures

258. Establishment day of Office of Chief Inspector

258. The Minister shall, by order, appoint a day to be the establishment day of the Office of the Chief Inspector for the purposes of this Part.

259. Establishment of Office of Chief Inspector

259. There shall stand established, on the establishment day, a body to be known in the Irish language as Oifig an Phríomh-Chigire Nósanna Imeachta Teorann um Thearmann or (notwithstanding section 9D(1) of the Official Languages Act 2003), in the English language as Office of the Chief Inspector of Asylum Border Procedures and the holder of the office shall be known as the Chief Inspector of Asylum Border Procedures (in this Act referred to as the “Chief Inspector”) and shall perform the functions conferred by or under this Act, any other enactments and the EU acts.

Chapter 3 Appointment and functions of Chief Inspector of Asylum Border Procedures

260. Appointment of Chief Inspector

260. (1) The Government shall appoint a person to be known as the Chief Inspector of Asylum Border Procedures to perform the functions conferred on the Chief Inspector by this Part.

• (2) Subject to subsection (1), the Government shall appoint the Chief Inspector on the recommendation of the Service where a competition has been held for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004.

• (3) Where the Chief Inspector 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,

he or she shall thereupon cease to be the Chief Inspector.

• (4) The term of office of a person appointed as the Chief Inspector shall not exceed 5 years.

• (5) A person appointed as the Chief Inspector is eligible for reappointment for a second term but shall not hold office for periods the aggregate of which exceeds 10 years.

• (6) Where a person is being reappointed in accordance with subsection (5), subsection (2) shall not apply.

• (7) The Chief Inspector shall, subject to this Part, be independent in the performance of his or her functions.

• (8) A person appointed as the Chief Inspector 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.

• (9) As soon as practicable after the appointment of a person as the Chief Inspector, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil.

261. Resignation and removal of Chief Inspector

261. (1) The Chief Inspector may resign from office by notice in writing to the Minister and the resignation shall take effect one month from the date on which the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to that date, on that date.

• (2) A person who holds the Office of the Chief Inspector may be removed from office by the Government for stated reasons, including where—

• (a) the person has failed to perform the functions of the office with due diligence and effectiveness,

• (b) the person has failed to have due regard to one or more of the functions specified in section 263,

• (c) the person has engaged in conduct that brings discredit on the Office of the Chief Inspector or that may prejudice the proper performance of the functions of the office, or

• (d) the removal of the person from office would, in the opinion of the Government, be in the best interests of the State.

• (3) A person shall be disqualified from holding and shall cease to hold office as the Chief Inspector if he or she—

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

• (b) is convicted on indictment of an offence,

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

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

• (e) is subject to, 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 of any other provision of that Act.

262. Acting Chief Inspector

262. (1) The Minister may authorise a member of staff of the Chief Inspector to perform the functions of the Chief Inspector during any period when the Chief Inspector is absent from duty or absent from the State or is, for any other reason, unable to perform the functions of the Chief Inspector.

• (2) Where no Chief Inspector stands appointed, because of a vacancy or otherwise, for the time being under section 260, the Minister may authorise a member of staff of the Chief Inspector to perform the functions of the Chief Inspector during the period of that vacancy, but an authorisation under this subsection shall cease upon the appointment of the Chief Inspector under section 260 whether or not such appointment was made for the purpose of filling that vacancy.

• (3) An authorisation under subsection (2) shall not remain in force for a period of more than 6 months unless the Minister is satisfied that it is not reasonably practicable for an appointment under section 260 to be made within that period, in which case he or she may extend that period by such further period as he or she is satisfied is a period within which it is reasonably practicable for an appointment to be made under that section.

• (4) The Minister may at any time terminate an authorisation under this section.

• (5) A member of staff of the Chief Inspector in respect of whom an authorisation under this section is in force may perform the functions of the Chief Inspector under this Part, and, for that purpose, references to the Chief Inspector in this Part shall be construed as including references to such member of staff.

263. Functions of Chief Inspector

263. (1) The functions of the Chief Inspector are as follows:

• (a) to monitor asylum border procedures and compliance with European Union and international law, including the Charter, in designated asylum border facilities, in line with the independent monitoring mechanism provided for by the Screening Regulation and referred to in Article 43 of the Asylum Procedures Regulation;

• (b) to ensure that complaints regarding, and allegations of breaches of fundamental rights in, designated asylum border facilities are dealt with effectively and without undue delay, and trigger, where necessary, formal investigations as provided for in section 273, into such allegations and monitor the progress of such investigations; and

• (c) to carry out regular inspections under section 271 of all designated asylum border facilities in the State.

• (2) The Chief Inspector shall have all such powers as are necessary or expedient for the performance of his or her functions under this section including, but without prejudice to the generality of the foregoing, the following powers—

• (a) to enter at any time any designated asylum border facility or any part of a designated asylum border facility, and to be accompanied on such visit by such staff of the Chief Inspector as he or she may consider necessary or expedient for the performance of his or her functions,

• (b) to require any person employed in a designated asylum border facility, found in a designated asylum border facility or in the administration of a designated asylum border facility—

• (i) to furnish the Chief Inspector with such information in the possession of such person as the Chief Inspector may reasonably require for the purposes of his or her functions,

• (ii) to make available to the Chief Inspector any record or other document held in a designated asylum border facility in the person’s power or control that in the opinion of the Chief Inspector, is relevant to his or her functions, and

• (iii) where appropriate, to attend before the Chief Inspector for the purposes of subparagraphs (i) or (ii),

• (c) to inspect any item and remove said item from the designated asylum border facility if the Chief Inspector considers it necessary or expedient for the purposes of his or her functions under this Part,

• (d) where the Chief Inspector considers it necessary to do so in order to preserve for inspection records, documents or any other matter, to secure, for later inspection, and for such period as may reasonably be necessary for the purposes of the exercise of the Chief Inspector’s powers under this Part, documents or records accessed or found during the inspection under this Part, and any data equipment, including any computer, in which those documents or records may be held,

• (e) to examine and take copies in any form of, or extracts from, any record held in a designated asylum border facility that, in the opinion of the Chief Inspector, is relevant to the inspection or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period,

• (f) to take photographs, recordings and digital images of the designated asylum border facility, and

• (g) to require any person found in a designated asylum border facility to answer such questions as the Chief Inspector may ask related to his or her functions under this Act.

• (3) The Chief Inspector shall furnish to the Minister—

• (a) such information regarding the performance of his or her functions as the Minister may from time to time request, and

• (b) annual recommendations in relation to the improvement of fundamental rights compliance at designated asylum border facilities.

• (4) The Chief Inspector shall inform the Minister of matters relevant to the accountability of the Government to the Houses of the Oireachtas.

• (5) The Chief Inspector shall establish and maintain efficient and effective systems and procedures for the investigation of complaints in accordance with section 272 and 273.

• (6) Subject to this Part, the Chief Inspector may make rules governing the procedure to be followed for formal investigations under this section.

264. Staff of Chief Inspector

264. (1) The Chief Inspector may, with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, appoint such and so many persons to be members of staff of the Chief Inspector as he or she may determine.

• (2) The terms and conditions of service of a member of staff of the Chief Inspector, and the grade at which he or she serves, shall be determined from time to time by the Chief Inspector with the consent of the Minister and the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (3) A member of staff of the Chief Inspector shall be a civil servant of the State within the meaning of the Civil Service Regulation Acts 1956 to 2005.

• (4) The Chief Inspector shall be the appropriate authority (within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to the members of the staff of the Chief Inspector.

• (5) The Chief Inspector shall manage and control generally the staff, administration and business of the Office of the Chief Inspector.

Chapter 4 Governance and accountability of Chief Inspector of Asylum Border Procedures

265. Establishment and role of Advisory Board

265. (1) The Minister shall establish an Advisory Board (in this Part referred to as the “Advisory Board”).

• (2) The Advisory Board shall—

• (a) consult with, guide and advise the Chief Inspector in relation to his or her duties, and

• (b) when requested to do so by the Chief Inspector, in accordance with subsection (3), consult with, guide and advise the Chief Inspector as so requested, in relation to the performance of his or her functions.

• (3) The Advisory Board shall, on request and, if appropriate, on its own initiative, provide advice to the Chief Inspector on—

• (a) the effective functioning and independence of the Chief Inspector, and

• (b) where practicable, on the use by the Chief Inspector of his or her powers under this Part.

• (4) The Advisory Board may do anything which it considers necessary or expedient to enable it to perform its functions.

• (5) Subject to subsection (6) and section 267(1), the Advisory Board shall hold such and so many meetings as may be necessary for the due performance of its functions.

• (6) The Advisory Board shall, in each year, hold not less than one meeting in each 6 month period with the Chief Inspector and the Chief Inspector shall, at those meetings, provide the Board with an update on the performance of his or her functions.

• (7) The Advisory Board shall, when requested to do so by the Chief Inspector, meet with the Chief Inspector for the purposes of performing its function under subsection (3).

• (8) Nothing in this section shall be construed as enabling the Advisory Board to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, of functions conferred on the Chief Inspector by or under this Part.

266. Membership of Advisory Board

266. (1) The Advisory Board shall consist of a chairperson and ex officio members specified in subsection (2).

• (2) Each of the following shall, ex officio, be a member of the Board (in this section referred to as an “ex officio member of the Board”):

• (a) the Ombudsman;

• (b) the Ombudsman for Children;

• (c) the Chairperson of the Child and Family Agency;

• (d) the Chief Commissioner of the Irish Human Rights and Equality Commission;

• (e) the representative for Ireland of the High Commissioner;

• (f) the Chairperson of, or the person holding a corresponding office in, the monitoring body, within the meaning of Part 4.

• (3) An ex officio member of the Board may nominate, in writing, another official from his or her organisation to perform the functions of such ex officio member.

• (4) The Minister shall appoint a chairperson of the Advisory Board from amongst one of the ex officio members of the Board.

• (5) The Minister may, before the coming into operation of this section, designate a person to be appointed as the first chairperson of the Advisory Board.

• (6) A member of the Advisory Board nominated under subsection (3) shall hold office for the period of 5 years from the date of his or her appointment.

• (7) A member of the Advisory Board nominated under subsection (3) whose term of office as a member of the Advisory Board expires shall be eligible for reappointment to the Advisory Board.

• (8) A person who is reappointed to the Advisory Board in accordance with subsection (6) shall not hold office for periods the aggregate of which exceeds 10 years.

• (9) The Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine the remuneration and expenses, if any, payable to a member of the Advisory Board under this section.

267. Meetings of Advisory Board

267. (1) The Advisory Board shall hold such and so many meetings as may be necessary for the due performance of its functions, but in each year shall hold not less than one meeting in each period of 3 months.

• (2) The Advisory Board may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.

• (3) The quorum for a meeting of the Advisory Board shall be 3.

• (4) At a meeting of the Advisory Board—

• (a) the chairperson of the Advisory Board shall, if present, be the chairperson of the meeting, and

• (b) if and so long as the chairperson of the Advisory Board is not present or if the office of the chairperson is vacant, the members of the Advisory Board who are present shall choose one of their number to act as the chairperson of the meeting.

• (5) Subject to this Part, the Advisory Board may determine its own procedures.

• (6) The Advisory Board may act notwithstanding one or more vacancies among its members.

268. Member ceasing to be member of Advisory Board

268. (1) A member of the Advisory Board may resign from the Advisory Board 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.

• (2) The Minister may at any time remove a member of an Advisory Board from office as a member of the Advisory Board if, in the opinion of the Minister—

• (a) the member has become incapable through ill-health of performing the functions of the office,

• (b) the member has committed serious misconduct, or

• (c) the member’s removal appears to the Minister to be necessary for the effective performance by the Advisory Board of its functions.

• (3) Where a member of the Advisory Board dies, resigns, is removed from office or otherwise ceases to hold office—

• (a) the casual vacancy arising shall be filled by a person appointed in the same manner as the member of the Advisory Board who occasioned the vacancy was appointed, and

• (b) the person appointed to fill the casual vacancy shall hold office for that period of the term of office of the member who occasioned that vacancy that remains unexpired at the date of that person’s appointment, and may, in accordance with section 262(3), have his or her appointment extended.

269. Annual report of Chief Inspector

269. (1) The Chief Inspector shall, not later than 3 months after the end of each year, or before a date as may be specified by the Minister, submit to the Minister an annual report on the performance of the Chief Inspector’s functions and on such other related matters during the previous year.

• (2) The Minister shall, subject to the submission under subsection (1) and subsection (3) and (4), then cause a copy of the report to be laid before each House of the Oireachtas as soon as practicable after he or she receives the report.

• (3) Any part of the report to be laid by the Minister before each House of the Oireachtas pursuant to this Act that would—

• (a) prejudice the security of a designated asylum border facility or the safety of a person at that facility,

• (b) prejudice the interests of national security, the Chief Inspector having consulted with the Minister in this regard,

• (c) purport to assign criminal or civil liability, not determined by a court, tribunal or commission of investigation, to an individual identifiable to the public, or

• (d) prejudice the rights of an individual identifiable to the public to vindicate his or her good name,

shall be omitted, amended or redacted by the Minister so as not to do so.

• (4) In any annual report of the Chief Inspector where matters are omitted, amended or redacted under subsection (3), a statement to that effect shall be attached to the report concerned, when it is being laid before each House of the Oireachtas.

• (5) Notwithstanding subsection (1), if, but for this subsection, the first annual report under that subsection would relate to a period of less than 6 months, that annual report shall relate to that period and to the year immediately following that period and shall be prepared as soon as may be, but not later than 3 months, after the end of that year.

270. Accountability to Oireachtas Committees

270. (1) Subject to subsection (2), the Chief Inspector shall, at the request in writing of a committee, attend before it to give account of the general administration of the Office of the Chief Inspector.

• (2) The Chief Inspector shall not be required to give account before a committee for any matter which is or has been, or may be at a future date, the subject of proceedings before a court or tribunal in the State.

• (3) Where the Chief Inspector is of the opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to which subsection (2) applies, he or she shall inform the committee of that opinion and the reasons for that opinion and, unless the information is conveyed to the committee at a time when the Chief Inspector is before it, the information shall be so conveyed in writing.

• (4) Where the Chief Inspector has informed a committee of an opinion in accordance with subsection (3) and the committee does not withdraw the request referred to in subsection (1) in so far as it relates to the subject matter of the opinion—

• (a) the Chief Inspector may, not later than 42 days after being informed by the committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

• (b) the Chairperson of the committee may, on behalf of the committee, make such an application,

and the High Court shall determine the matter.

• (5) Pending the determination of an application under subsection (4), the Chief Inspector shall not attend before the committee to give account for the matter that is the subject of the application.

• (6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the Chief Inspector shall attend before the committee to give account for the matter.

• (7) In the performance of his or her duties under this section, the Chief Inspector shall not provide information that might facilitate the commission of an offence, prejudice a criminal investigation or prosecution or jeopardise the safety of a person.

• (8) With the permission of the Chairperson of a committee making the request under subsection (1), either—

• (a) the acting Chief Inspector, or

• (b) a member of staff of the Chief Inspector,

may attend before the committee in place of the Chief Inspector to give an account of the general administration of the Office of the Chief Inspector, and in that case a reference in subsections (2) to (7) to the Chief Inspector shall be read as including a reference to the person attending in his or her place.

• (9) In this section, “committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

• (a) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

• (b) a subcommittee of a committee referred to in paragraph (a).

Chapter 5 Complaints, investigations and inspections

271. Inspections and complaints of designated asylum border facilities

271. (1) The Chief Inspector shall, in furtherance of the functions of the Office of the Chief Inspector, carry out inspections, including on-the-spot checks and random, unannounced checks at any designated asylum border facility as he or she considers appropriate.

• (2) The purpose of an inspection carried out under subsection (1) is to ensure that fundamental rights are being respected and observed within the designated asylum border facility.

• (3) The Chief Inspector, in accordance with subsection (1), may be accompanied by such staff of the Chief Inspector as he or she may consider necessary or expedient for the performance of his or her functions under this section.

• (4) The body responsible for the management of each designated asylum border facility to be visited shall facilitate unrestricted access to such designated asylum border facilities by the Chief Inspector.

• (5) The Minister, any other relevant Minister of the Government and the body responsible for the management of a designated asylum border facility to which the Chief Inspector seeks access shall ensure that the Chief Inspector is provided with all reasonable assistance to interview, where necessary, in private, either personally or through an interpreter, any applicant the Chief Inspector chooses to interview and any other person at the designated asylum border facility whom the Chief Inspector chooses to interview.

• (6) If a breach of fundamental rights is identified in the course of an inspection under this section, the Chief Inspector may conduct a formal investigation under section 273.

• (7) A complaint concerning any allegation of a breach of fundamental rights within a designated asylum border facility may be made, and shall be referred, to the Chief Inspector.

• (8) The Chief Inspector shall ensure that appropriate arrangements are in place—

• (a) for receiving, recording and acknowledging the receipt of complaints made under subsection (7), and

• (b) for recording the referral of those complaints.

• (9) The Minister shall ensure that appropriate arrangements are in place—

• (a) for receiving, recording and acknowledging the receipt of complaints made under subsection (7), and

• (b) for recording the referral of those complaints to the Chief Inspector.

• (10) The Minister shall, not later than 3 years after the coming into operation of this section and at such further intervals as he or she considers appropriate, review the operation of this section in so far as it requires the referral to the Chief Inspector under subsection (7) of complaints concerning allegations of breaches of fundamental rights within a designated asylum border facility.

272. Recording and handling of complaints

272. (1) On receipt of a complaint under section 271, the Chief Inspector shall determine whether the complaint is admissible or inadmissible.

• (2) Where the Chief Inspector has determined that a complaint is an admissible complaint, the Chief Inspector shall determine whether the complaint warrants a formal investigation under section 273.

• (3) For the purposes of making a determination under subsection (2), the Chief Inspector may make such enquiries as he or she thinks fit.

• (4) On determining that a complaint is admissible, the Chief Inspector shall notify the complainant and the body responsible for the management of the designated asylum border facility of his or her determination.

• (5) On determining that a complaint is inadmissible, the Chief Inspector shall—

• (a) notify the complainant and include in the notification the reason for the determination, and

• (b) notify the body responsible for the management of the designated asylum border facility, including in the notification a copy of the complaint and the reason for the determination.

• (6) In this section and section 273, “complainant” means—

• (a) an applicant residing at a designated asylum border facility who lodges a complaint, or

• (b) a legal representative who lodges a complaint on behalf of an applicant located at a designated asylum border facility.

273. Formal investigation

273. (1) Where a formal investigation is determined to be necessary by the Chief Inspector under section 271, or section 272, the Chief Inspector shall undertake an investigation in accordance with this Part.

• (2) For the purposes of subsection (1), the Chief Inspector may—

• (a) at all reasonable times enter, if necessary by the use of reasonable force, search and inspect any designated asylum border facility, or premises in which books, documents or records (including records stored in non-legible form) relating to a designated asylum border facility are kept,

• (b) inspect, examine and make copies of, or take extracts from, any such books, documents or records referred to in paragraph (a) including, in the case of information in a non-legible form, copies of, or extracts from, such information in a permanent legible form or require that such a copy of or extracts therefrom be provided,

• (c) without prejudice to any other power conferred by this section, require the body responsible for the management of the designated asylum border facility, any employee or any person carrying out services for or on behalf of the designated asylum border facility, or any person found in a designated asylum border facility to give to the Chief Inspector such assistance and information and to produce to the Chief Inspector any books, documents or records referred to in paragraph (a) that are in that person’s power, possession or procurement, as the Chief Inspector may reasonably require for the purposes of his or her functions under this Part,

• (d) remove and retain any books, documents or records (including records stored in non-legible form) for such period as the Chief Inspector reasonably considers necessary for the purposes of the performance of his or her functions under this Act, or require any person referred to in paragraph (c) to retain and maintain such records for such period as the Chief Inspector reasonably considers necessary for those purposes,

• (e) require a person referred to in paragraph (c) to answer such questions as the Chief Inspector may ask relative to any matter under this Part and to make a declaration as to the truth of the answers to those questions, and

• (f) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material to afford the Chief Inspector all reasonable assistance in relation to it and assist in the retrieval of information from such data equipment, apparatus or material.

• (3) When performing a function under this section, the Chief Inspector may be accompanied by such number of other staff of the Chief Inspector as he or she considers appropriate and, where necessary, members of An Garda Síochána and staff from the Child and Family Agency.

• (4) The Chief Inspector may direct that an investigation be suspended where—

• (a) the subject matter of the investigation is already under investigation by another public body, and

• (b) the Chief Inspector is of the opinion that—

• (i) the continuance of the investigation would interfere or conflict with the functions of the other public body referred to in paragraph (a), or

• (ii) in the circumstances it would be more appropriate to await the conclusion of the investigation by the other public body referred to in paragraph (a) and any subsequent proceedings.

• (5) A report shall be submitted by the Chief Inspector to the Minister on the completion of a formal investigation under subsection (1) and shall contain all findings and recommendations arising from the investigation and following the suspension of an investigation under subsection (4).

• (6) Notwithstanding any other provision of this Part, the Chief Inspector may direct that a formal investigation of a complaint be discontinued if the Chief Inspector is—

• (a) of the opinion that—

• (i) the complainant has withdrawn the complaint,

• (ii) the complaint is found to be vexatious,

• (iii) the complaint was made in the knowledge that it was false or misleading,

• (iv) further investigation is not necessary or reasonably practicable, or

• (v) continuing with the investigation would interfere or conflict with the functions of another public body,

or

• (b) satisfied that the complaint has been resolved.

• (7) Notwithstanding any other provision of this Part, the Chief Inspector may direct that a formal investigation of any other matter under this Part (other than a complaint) be discontinued if he or she is of the opinion that—

• (a) further investigation is not necessary or reasonably practicable, or

• (b) continuing with the investigation would interfere or conflict with the functions of another public body.

• (8) Where a direction is made under subsection (6) or (7), the Chief Inspector shall notify such of the following, as are appropriate, of his or her decision and the reason for it:

• (a) the complainant;

• (b) the Minister and the body responsible for the management of the designated asylum border facility;

• (c) any other person the Chief Inspector considers appropriate.

274. Other actions by Chief Inspector following formal investigation

274. (1) If the Chief Inspector is of the opinion that a report under section 273 discloses a concern in relation to the fundamental rights of persons in designated asylum border facilities, the Chief Inspector shall provide a copy of the report to the Minister with such recommendations as he or she sees fit and, where it is suspected that a criminal offence is being, or has been, committed, inform a member of An Garda Síochána.

• (2) The Minister shall, after being provided with a report under subsection (1), notify the Chief Inspector as soon as practicable of the action (if any) that will be taken on foot of the report and the rationale for same.

• (3) Subsection (1) is not to be taken to limit the power of the Chief Inspector to forward a report or complaint, at any time, to the Minister that, in the opinion of the Chief Inspector, discloses a concern in relation to the fundamental rights of persons in designated asylum border facilities.

Chapter 6 Miscellaneous

275. Offences under Part 14

275. (1) A person shall be guilty of an offence if he or she—

• (a) obstructs or impedes the Chief Inspector or a member of staff of the Chief Inspector in the course of exercising a power conferred on him or her by this Part,

• (b) fails or refuses to comply with a requirement of the Chief Inspector or a member of staff of the Chief Inspector under this Part,

• (c) alters, suppresses or destroys any documents, records, statements or other information which the person concerned has been required by the Chief Inspector or a member of staff of the Chief Inspector to produce, or may reasonably expect to be so required to produce,

• (d) in purported compliance with a requirement under this section, gives to the Chief Inspector or a member of staff of the Chief Inspector information, documents or records which the person knows to be false or misleading in a material respect,

• (e) falsely represents himself or herself to be the Chief Inspector or a member of staff of the Chief Inspector, or

• (f) procures or attempts to procure any action referred to in paragraphs (a) to (e).

• (2) A person guilty of an offence under this section 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.

276. Prohibition on unauthorised disclosure of confidential information

276. (1) Subject to subsection (2), a person shall not disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

• (a) a member of the Advisory Board,

• (b) a member of the staff of the Chief Inspector,

• (c) the Chief Inspector, or

• (d) a person engaged by the Chief Inspector in any other capacity.

• (2) Subsection (1) shall not operate to prevent the disclosure of confidential information by a person referred to in that subsection where—

• (a) the disclosure is made to the Chief Inspector or a member of the staff of the Chief Inspector in the performance of the functions of the Chief Inspector,

• (b) the disclosure is made in the performance of the functions of the Chief Inspector,

• (c) the disclosure is made by or on behalf of the Chief Inspector to the Minister,

• (d) the disclosure is made in compliance with a requirement of this Act or is otherwise required by law,

• (e) the disclosure is made by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995,

• (f) the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014, or

• (g) the disclosure is made to a member of An Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence.

• (3) A person who contravenes subsection (1) shall be guilty of an offence and 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.

• (4) In this section, “confidential information” includes—

• (a) information that is expressed by the Chief Inspector to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to the Chief Inspector by contractors, consultants or any other person.

PART 15 Miscellaneous Provisions

277. Contracts for services

277. (1) The Minister may enter into contracts for services with such and so many persons as he or she considers necessary to assist him or her in the performance of his or her functions under this Act and such contracts with such persons shall contain such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, determine.

• (2) The Minister may authorise a person with whom the Minister has entered into a contract for services in accordance with subsection (1) to perform any of his or her functions under this Act other than the functions specified in subsection (3).

• (3) The following functions are specified for the purposes of subsection (2):

• (a) making a declaration under section 70(2)(b) that an application has been explicitly withdrawn;

• (b) adopting a decision under section 70(4) declaring that an application has been explicitly withdrawn;

• (c) making a declaration under section 71(2) that an application has been implicitly withdrawn;

• (d) making a decision under section 156 on an application;

• (e) making a decision under section 163(1) not to grant refugee status to an applicant;

• (f) withdrawing refugee status under section 214(1);

• (g) withdrawing subsidiary protection status under section 214(2);

• (h) any function under Part 11, other than a function relating to the facilitation or effecting of the return or removal of a person from the State under that Part.

• (4) A reference in subsection (1) or (2)—

• (a) to the Minister shall include a reference to the Determining Authority, and

• (b) to functions under this Act shall include a reference to functions under the EU acts.

278. Prohibition on publication or broadcast of certain information

278. (1) A person shall not publish or broadcast, or cause to be published or broadcast, information likely to lead members of the public to identify that a person is an applicant without the consent of that person.

• (2) If any information is published or broadcast in contravention of subsection (1), the following persons, namely—

• (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

• (b) in the case of any other publication, the person who publishes it,

• (c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

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

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both.

• (3) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

• (5) Where a person is charged with an offence under subsection (2), it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such information as is referred to in subsection (1).

• (6) In this section—

“applicant” means a person who is or has been an applicant—

• (a) under this Act or the Act of 2015, or

• (b) within the meaning of—

• (i) the Act of 1996,

• (ii) the European Union (Subsidiary Protection) Regulations 2017 (S.I. No. 409 of 2017),

• (iii) the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), or

• (iv) Regulation 4 of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);

“broadcast” has the same meaning as it has in section 2 of the Broadcasting Act 2009;

“publish” means publish, other than by way of broadcast, to the public or a portion of the public.

279. Designation of safe countries of origin

279. (1) The Minister may by order designate a country as a safe country of origin in accordance with the Asylum Procedures Regulation.

• (2) The designation of a country by order under subsection (1) may make exceptions for specific parts of the territory of the country or clearly identifiable categories of persons, or both.

• (3) The Minister may make an order under subsection (1) only if he or she is satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there is no persecution and no real risk of serious harm.

• (4) In making an assessment under subsection (3), the Minister shall take account of, among other things, the extent to which protection is provided against persecution or serious harm by—

• (a) the relevant laws and regulations of the country and the manner in which they are applied,

• (b) observance of the rights and freedoms laid down in the European Convention on Human Rights, the International Covenant on Civil and Political Rights and the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention on Human Rights,

• (c) the absence of expulsion, removal or extradition of the country’s own citizens to third countries where, among other things, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country, and

• (d) provision for a system of effective remedies against violations of those rights and freedoms.

• (5) An assessment under subsection (3)—

• (a) shall be based on a range of relevant and available sources of information, including information from—

• (i) other Member States,

• (ii) the Asylum Agency,

• (iii) the European External Action Service,

• (iv) the High Commissioner,

• (v) the Council of Europe, and

• (vi) such other international organisations as the Minister considers appropriate,

and

• (b) shall take into account, where available, the common analysis on the situation in the country and the guidance notes referred to in Article 11 of the European Union Agency for Asylum Regulation.

• (6) The Minister shall, in accordance with subsections (3) to (5) and on a regular basis, review the situation in a country, or part thereof, designated under subsection (1).

• (7) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).

• (8) In this section—

“Convention against Torture” means the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by Resolution 39/46 of the General Assembly of the United Nations on 10 December 1984;

“International Covenant on Civil and Political Rights” means the International Covenant on Civil and Political Rights adopted by Resolution 2200A (XXI) of the General Assembly of the United Nations on 16 December 1966.

• (9) In this section and section 280, “country” means a country other than a Member State.

280. Designation of safe third countries

280. (1) The Minister may by order designate a country as a safe third country in accordance with the Asylum Procedures Regulation.

• (2) The designation of a country by order under subsection (1) may make exceptions for specific parts of the territory of the country or clearly identifiable categories of persons, or both.

• (3) The Minister may make an order under subsection (1) only if he or she is satisfied that in the country concerned—

• (a) the life and liberty of non-nationals are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion,

• (b) non-nationals face no real risk of serious harm,

• (c) non-nationals are protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law, and

• (d) the possibility exists to request and, where conditions are fulfilled, receive effective protection within the meaning of Article 57 of the Asylum Procedures Regulation.

• (4) The Minister shall base his or her assessment under subsection (3) on a range of relevant and available sources of information, including information from—

• (a) other Member States,

• (b) the Asylum Agency,

• (c) the European External Action Service,

• (d) the High Commissioner,

• (e) the Council of Europe, and

• (f) such other international organisations as the Minister considers appropriate.

• (5) The Minister shall, in accordance with subsections (3) and (4) and on a regular basis, review the situation in a country, or part thereof, designated under subsection (1).

• (6) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).

281. Prioritisation by Tribunal of certain appeals and requests to remain

281. (1) Subject to the need for fairness and efficiency, the Minister may, where he or she considers it necessary or expedient to do so, having consulted with the Chief Appeals Officer and the Director (within the meaning of Part 13), request the Chief Appeals Officer to accord priority to an appeal (within the meaning of Part 8), an appeal under section 109, 140 or 238(10) or a request to remain (including such requests within the meaning of Part 6).

• (2) The Minister may, in making a request under subsection (1), have regard to the matters referred to in any of the paragraphs of section 150 subject to the modification that references in paragraph (q) of that section to applications shall be construed as references to appeals.

282. Contingency plan

282. (1) Subject to subsection (2), the Minister shall review the contingency plan and update the plan as the Minister considers necessary.

• (2) The review and, if applicable, updating of the plan under subsection (1) shall be carried out on or before 12 April 2028, at least once every 3 years following that date and whenever necessary having regard to changing circumstances.

• (3) The Minister may consult with such persons or bodies as he or she considers appropriate for the purposes of subsection (1).

• (4) The Minister shall notify the European Union Agency for Asylum whenever the contingency plan is updated in accordance with subsection (1).

• (5) The Minister shall inform the European Commission and the European Union Agency for Asylum whenever the contingency plan is activated or deactivated.

• (6) The Minister shall provide the European Union Agency for Asylum, on request by the European Union Agency for Asylum, with information on the contingency plan.

• (7) In this section, “contingency plan” means the plan that was notified by the Minister to the European Union Agency for Asylum in accordance with Article 32 of the Reception Conditions Directive.

283. Family tracing for unaccompanied minors

283. (1) Where it is in the best interests of an unaccompanied minor, the Minister shall start tracing the members of the unaccompanied minor’s family as soon as possible after the earlier of the following occurring—

• (a) an application for international protection is made by or on behalf of the unaccompanied minor, or

• (b) an unaccompanied minor becomes a beneficiary of international protection.

• (2) Where there is a possible threat to the life or integrity of the unaccompanied minor or the minor’s close relatives, in particular if those relatives have remained in the minor’s country of origin, the Minister shall ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, so as to avoid jeopardising the safety of either the minor or the minor’s close relatives.

• (3) Where necessary, the Minister may perform his or her functions under this section with the assistance of international or other relevant organisations.

284. Sharing of information for performance of functions

284. (1) A relevant body may share information with another relevant body for the purpose of the performance of the functions of either body under this Act or the EU acts to the extent that it is necessary and proportionate for that purpose and subject to suitable and specific measures being taken.

• (2) The Minister may make regulations in relation to the sharing of information by a relevant body under this section, including in relation to—

• (a) the nature of the information that may be shared,

• (b) the measures to be taken by a relevant body to ensure that information shared by it with another relevant body is shared only to the extent necessary and proportionate for the performance by either body of its functions, and

• (c) the suitable and specific measures to be taken in the processing of personal data (including special categories of personal data and Article 10 data).

• (3) In making regulations under subsection (2), the Minister shall have regard to the need to safeguard the fundamental rights and freedoms of data subjects in the sharing of personal data (including special categories of personal data and Article 10 data) for the purpose of the performance of the functions of relevant bodies under this Act or the EU acts.

• (4) Subject to subsections (5) and (6), where the Minister considers it appropriate, he or she may prescribe a public body as a relevant body for the purposes of this section.

• (5) In prescribing a public body as a relevant body, the Minister shall have regard to the functions of the public body concerned.

• (6) The Minister shall, prior to prescribing a public body as a relevant body under subsection (4), consult with the public body concerned.

• (7) A relevant body who shares information under this section may enter into a data sharing agreement, which shall include the matters that section 19(1) of the Act of 2019 requires to be specified or included in a data-sharing agreement, subject to the following modifications to the description of those matters in section 19(1) of that Act:

• (a) references to data-sharing shall be construed as references to any disclosure under the agreement;

• (b) the reference in paragraph (d) to the public body concerned shall be construed as a reference to the relevant body with whom the agreement is entered;

• (c) the reference in paragraph (f) to a public body shall be construed as a reference to a party to the agreement;

• (d) the reference in paragraph (q) to such other matters as may be prescribed under subsection (2) shall be construed as a reference to such other matters as may be prescribed under this section;

• (e) the following paragraph shall be construed as having been substituted for paragraph (r):

• “(r) include in a schedule to the agreement a statement summarising the grounds on which the relevant bodies consider the disclosure of the information to be necessary and proportionate.”.

• (8) Where information is shared under subsection (1), the relevant body with whom it is shared may only use the information for the purpose of the performance by it of its functions and only to the extent necessary and proportionate for that purpose.

• (9) This section is without prejudice to any other legal basis for the sharing of documents and information between relevant bodies.

• (10) In this section—

“Act of 2019” means the Data Sharing and Governance Act 2019;

“Article 10 data” means personal data referred to in Article 10 of the Data Protection Regulation;

“data-sharing agreement” has the meaning it has in the Act of 2019;

“information” includes personal data (including special categories of personal data and Article 10 data);

“processing” has the meaning it has in the Data Protection Regulation;

“public body” has the meaning it has in the Act of 2019;

“relevant body” means—

• (a) the Minister,

• (b) the Determining Authority,

• (c) the Minister for Children, Disability and Equality,

• (d) the Minister for Education and Youth,

• (e) the Minister for Foreign Affairs and Trade,

• (f) the Minister for Further and Higher Education, Research, Innovation and Science,

• (g) the Minister for Health,

• (h) the Minister for Housing, Local Government and Heritage,

• (i) the Minister for Social Protection,

• (j) An Garda Síochána,

• (k) the Health Service Executive,

• (l) the Revenue Commissioners,

• (m) the Child and Family Agency,

• (n) an international protection guardian, representative organisation (within the meaning of Chapter 2 of Part 3), provisional representative person or representative person,

• (o) the Tribunal,

• (p) the Chief Inspector,

• (q) the Legal Aid Board,

• (r) the monitoring body, within the meaning of Part 4,

• (s) the High Commissioner,

• (t) a service provider, within the meaning of Part 4,

• (u) a person with whom the Minister has entered into a contract for services in accordance with section 277, or

• (v) such other public body as the Minister may prescribe as a relevant body under subsection (4);

“special categories of personal data” has the meaning it has in the Act of 2018;

“suitable and specific measures” means measures taken to safeguard the fundamental rights and freedoms of data subjects in processing the personal data of those subjects and may include measures referred to in section 36(1) of the Act of 2018.

PART 16 Transitional Provisions

285. Application of Act to certain applications

285. (1) Where an application is made by or on behalf of a person under section 15 of the Act of 2015, the person shall not make an application for international protection, and such an application shall not be made or be deemed to have been made on behalf of the person, under Chapter 1 of Part 3 unless the person has ceased to be an applicant within the meaning of the Act of 2015.

• (2) Where an application is made by or on behalf of a person under section 15 of the Act of 2015 and the person has not ceased to be an applicant within the meaning of the Act of 2015 and, notwithstanding subsection (1), an application is purported to be made by or on behalf of the person under Chapter 1 of Part 3, the elements presented as part of that purported application shall be considered to be elements of the application of the person that is in being under section 15 of the Act of 2015.

• (3) A person who gave an indication under paragraph (a), (b) or (c) of section 13(1) of the Act of 2015 before the date on which this subsection comes into operation but did not, before that date, make an application under section 15 of the Act of 2015, shall be considered to have made an application for international protection under section 36 on that date, if immediately before that date the person was a resident of accommodation allocated under the European Communities (Reception Conditions) Regulations 2018.

286. Transitional provisions relating to repeals under section 5

286. (1) A person who is a refugee in relation to whom a refugee declaration is in force and a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force under the Act of 2015, whether the declaration is given before, on or after 12 June 2026, shall on and after that date be considered to be a beneficiary of international protection for the purposes of the Qualification Regulation and this Act shall apply to that person accordingly.

• (2) Fingerprints taken under section 19 of the Act of 2015 before the date on which this subsection comes into operation shall, for the purpose of performance of functions under this Act, be considered to have been taken under this Act and this Act shall apply accordingly.

• (3) Where a person is detained under section 20 of the Act of 2015 immediately before the repeal of that section by section 5, he or she shall, as soon as practicable—

• (a) be released, or

• (b) where an immigration officer or a member of An Garda Síochána, having carried out an individual assessment in relation to the applicant, is of the opinion that—

• (i) one or more of the grounds specified in section 112 exists,

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

• (iii) detention is necessary,

be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

• (4) Where a person is brought before a judge of the District Court under subsection (3), subsection (1) and subsections (4) to (11) of section 118 shall apply as if the person had been brought before the judge under section 118(3).

• (5) Where before the date of coming into operation of this subsection a subsequent application (within the meaning of the Act of 2015) is purported to have been made under the Act of 2015 in respect of which the Minister did not give consent under section 22 of the Act of 2015, section 22(16) of the Act of 2015 shall, on and after that date, continue to apply and have effect in relation to that subsequent application as if that section had not been repealed by section 5.

• (6) Section 51C(5) of the Act of 2015 shall continue to apply and have effect after the date of coming into operation of this subsection subject to the modification that the person the subject of the return order referred to in that section shall be deemed to have made an application for international protection under Chapter 1 of Part 3, and the provisions of this Act shall apply and have effect accordingly.

• (7) Where immediately before the repeal of section 52 of the Act of 2015 by section 5 a notice under subsection (4) of that section 52 has been sent to a person and the Minister has not before the repeal made a decision under subsection (7) of that section 52 in relation to the person, that section 52 shall continue to apply and have effect as if that section had not been repealed.

• (8) Notwithstanding the repeal of section 52 of the Act of 2015 by section 5—

• (a) a decision of the Minister under section 52(7) to revoke a declaration (including a decision given where subsection (7) applies) shall be deemed to be a decision of the Minister under section 214,

• (b) an appeal under section 52(8) of the Act of 2015 that is pending on the date on which this subsection comes into operation shall be determined in accordance with section 52 of the Act of 2015, and that section shall continue to apply and have effect accordingly, and

• (c) a decision of the Circuit Court under section 52(9) of the Act of 2015 shall be deemed to be a decision of the Circuit Court under section 215.

• (9) A permission to reside in the State given under section 54 of the Act of 2015 or deemed to have been granted under section 69(2) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall, for the duration of its unexpired term, be deemed to be a permission given to the person under section 203 and this Act shall apply accordingly.

• (10) A travel document issued to a person under section 55 of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall, for the duration of its unexpired term, be deemed to be a travel document issued to the person under section 207 and this Act shall apply accordingly.

• (11) Where, before the date on which this subsection comes into operation, a person has made an application under section 55 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application—

• (a) the Act of 2015 shall continue to apply in respect of the application, and

• (b) where the Minister decides under that section to issue a travel document to the person, the document shall be deemed to be a travel document issued to the person under section 207 and this Act shall apply accordingly.

• (12) A permission to enter and reside in the State given to a person under section 56 of the Act of 2015 or deemed to have been given under section 69(5) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 205 and this Act shall apply accordingly.

• (13) Where, before the date on which this subsection comes into operation, a person has made an application under section 56 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application—

• (a) the Act of 2015 shall continue to apply in respect of the application, and

• (b) where the Minister decides under that section to give permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 205 and this Act shall apply accordingly.

• (14) A permission to reside in the State given to a person under section 57 of the Act of 2015 or deemed to have been given under section 69(6) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 204 and this Act shall apply accordingly.

• (15) Where, before the date on which this subsection comes into operation, a person has made an application under section 57 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application—

• (a) the Act of 2015 shall continue to apply in respect of the application, and