INTERNATIONAL PROTECTION ACT 2026

• (b) where the Minister decides under that section to give permission to the person who is the subject of the application to reside in the State, the permission shall be deemed to be a permission given to the person under section 204 and this Act shall apply accordingly.

• (16) Information provided, or deemed to have been provided, to the Minister under the Act of 2015 or the European Union (Dublin System) Regulations 2018 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 provided to the Minister under this Act and this Act shall apply accordingly.

• (17) A record held by the Minister under the Act of 2015 or the European Union (Dublin System) Regulations 2018, or deemed to be held by the Minister, before the date on which this subsection comes into operation shall, for the purpose of performance of functions under this Act, be considered to be held by the Minister under this Act and this Act shall apply accordingly.

287. Transitional provisions relating to appointment of Appeals Officers under Part 13

287. (1) The Minister may, before the establishment day of the Tribunal, designate a person who immediately before that day stands appointed under section 62(3) of the Act of 2015 as a member of the International Protection Appeals Tribunal (other than the chairperson (within the meaning of the Act of 2015)) to be appointed, with the person’s consent, as an Appeals Officer (other than the Chief Appeals Officer).

• (2) Where, immediately before the establishment day of the Tribunal, a person stands designated under subsection (1), the person shall, on and from that day, stand appointed as an Appeals Officer for a period not exceeding the unexpired term of his or her appointment as a member of the International Protection Appeals Tribunal.

• (3) The terms and conditions to which a person is subject on his or her becoming an Appeals Officer in accordance with subsection (2) shall, subject to that subsection, be deemed to have been determined by the Minister in accordance with section 245.

• (4) In this section, “Appeals Officer”, “establishment day of the Tribunal” and “International Protection Appeals Tribunal” have the same meanings as they have in Part 13.

288. Amendment of section 2 of Act of 2015

288. Section 2(1) of the Act of 2015 is amended—

• (a) by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in the Qualification Regulation;”,

• (b) by the substitution of the following definition for the definition of “persecution”:

“ ‘persecution’ shall be construed in accordance with the Qualification Regulation;”,

• (c) by the substitution of the following definition for the definition of “person eligible for subsidiary protection”:

“ ‘person eligible for subsidiary protection’ has the meaning it has in the Qualification Regulation;”,

• (d) by the substitution of the following definition for the definition of “protection”:

“ ‘protection’ (except where the context otherwise requires) means protection against persecution or serious harm and shall be construed in accordance with Article 7 of the Qualification Regulation;”,

• (e) by the insertion of the following definition after the definition of “protection”:

“ ‘Qualification Regulation’ means Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024²³ on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council;”,

• (f) by the deletion of the definition of “qualified person”,

• (g) by the substitution of the following definition for the definition of “refugee”:

“ ‘refugee’ has the meaning it has in the Qualification Regulation;”,

and

• (h) by the substitution of the following definition for the definition of “serious harm”:

“ ‘serious harm’ has the meaning it has in Article 15 of the Qualification Regulation;”.

289. Continued application and effect of Act of 2015

289. The Act of 2015 is amended by the insertion of the following sections after section 2:

“Continued application and effect of Act in relation to certain applications and appeals

2A. Notwithstanding the repeal of section 15 effected by section 5 of the International Protection Act 2026, where an application is made in accordance with that section 15 before 12 June 2026, this Act shall, subject to the International Protection Act 2026 and the Qualification Regulation, continue to apply and have effect after the repeal in relation to—

• (a) the application, and

• (b) an appeal under Part 6 relating to such an application (including an appeal referred to in section 21(6)).

Supplementary provisions in relation to continued application and effect of Act

2B. (1) For the purposes of the continued application and effect of this Act in accordance with section 2A—

• (a) an international protection officer shall perform his or her functions under this Act, in particular the making of a recommendation under section 39(3), in accordance with the Qualification Regulation, and

• (b) the Tribunal shall perform its functions under this Act, in particular the determination of an appeal under Part 6 (including an appeal referred to in section 21(6)), in accordance with the Qualification Regulation.

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

290. Internal protection

290. The Act of 2015 is amended by the substitution of the following section for section 32:

“32. An international protection officer may recommend or, as the case may be, the Tribunal may decide, in accordance with Article 8 of the Qualification Regulation, that an applicant is not in need of international protection for a reason referred to in that Article.”.

291. Amendment of section 21(16) of Act of 2015

291. Section 21 of the Act of 2015 is amended by the substitution of the following subsection for subsection (16):

• “(16) In subsection (2)(a), ‘refugee status’ and ‘subsidiary protection status’ shall be construed in accordance with Article 3 of the Qualification Regulation.”.

292. Amendment of section 27(1) of Act of 2015

292. Section 27(1) of the Act of 2015 is amended by the insertion of the following paragraph after paragraph (a):

• “(aa) to remain present and available in the State throughout the examination of the application,”.

293. Amendment of section 28 of Act of 2015

293. Section 28 of the Act of 2015 is amended—

• (a) by the substitution of the following subsection for subsection (3):

• “(3) The elements referred to in subsections (1) and (2) consist of the applicant’s statements and all the documents submitted by the applicant regarding the matters referred to in point (b) of Article 4(2) of the Qualification Regulation.”,

and

• (b) in subsection (7)—

• (i) by the deletion of paragraph (d), and

• (ii) in paragraph (e), by the insertion of “taking into account the time at which the applicant applied for international protection” after “established”.

294. Amendment of section 62 of Act of 2015

294. Section 62 of the Act of 2015 is amended—

• (a) by the insertion of the following subsection after subsection (2):

• “(2A) Where a person stands appointed as an Appeals Officer (within the meaning of Part 13 of the International Protection Act 2026), the period of such appointment shall, notwithstanding subsection (2), be deemed to be reckonable for the purpose of calculating a period of appropriate experience as specified in that subsection.”,

• (b) in subsection (4), by the substitution of “subsections (4A), (8) and (15)” for “subsections (8) and (15)”,

• (c) by the insertion of the following subsection after subsection (4):

• “(4A) The Minister may, notwithstanding subsection (4), appoint a person under subsection (3) as a member of the Tribunal (other than the chairperson) without a selection competition having been held by the Public Appointments Service under subsection (4) where the person—

  • (a) stands appointed as an Appeals Officer (within the meaning of Part 13 of the International Protection Act 2026),

  • (b) has the requisite experience referred to in subsection (2)(a) or (b), and

  • (c) consents to being so appointed.”,

and

• (d) by the insertion of the following subsection after subsection (7B):

• “(7C) The term of office of a member of the Tribunal to whom subsection (4A) applies shall be for a period not exceeding the unexpired term of the person’s appointment as an Appeals Officer under Part 13 of the International Protection Act 2026.”.

PART 17 Amendments to Other Acts of Oireachtas

295. Amendment of Irish Nationality and Citizenship Act 1956

295. The Irish Nationality and Citizenship Act 1956 is amended—

• (a) in section 6B(4)—

• (i) by the substitution, in paragraph (b), of “State,” for “State, or”,

• (ii) by the substitution, in paragraph (c), of “subsection, or” for “subsection.”, and

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(d) it consists of a period during which a person is—

• (i) an applicant within the meaning of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024²⁴ establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU,

• (ii) the subject of a return decision under Part 11 of the International Protection Act 2026,

• (iii) the subject of a decision to withdraw international protection status in accordance with section 214(1) or (2) of the International Protection Act 2026 that has taken effect in accordance with section 215(3) of that Act, which period shall end on the commencement by the person of a period of residence to which this subsection does not apply, or

• (iv) entitled to remain in the State pursuant to a permission referred to in paragraph (e) of section 236(1) of the International Protection Act 2026.”,

and

• (b) in section 16A(1)—

• (i) by the substitution, in paragraph (b), of “State,” for “State, or”,

• (ii) by the substitution, in paragraph (c), of “subsection, or” for “subsection.”, and

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(d) it consists of a period during which a person is—

• (i) an applicant within the meaning of Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024²⁵ establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU,

• (ii) the subject of a return decision under Part 11 of the International Protection Act 2026,

• (iii) the subject of a decision to withdraw international protection status in accordance with section 214(1) or (2) of the International Protection Act 2026 that has taken effect in accordance with section 215(3) of that Act, which period shall end on the commencement by the person of a period of residence to which this subsection does not apply, or

• (iv) entitled to remain in the State pursuant to a permission referred to in paragraph (e) of section 236(1) of the International Protection Act 2026.”.

296. Amendment of Child Care Act 1991

296. Section 32 of the Child Care Act 1991 is amended—

• (a) by the designation of the section as subsection (1), and

• (b) by the insertion of the following subsection after subsection (1):

• “(2) Without prejudice to subsection (1), and subject to Chapter 3 of Part 3 of the International Protection Act 2026, an applicant within the meaning of that Act shall, following a notification under section 45(1), (3) or (4) of that Act, be presumed to be a minor for the purposes of this Act.”.

297. Amendment of Act of 1995

297. (1) The Act of 1995 is amended—

• (a) in section 1(1), by the insertion of the following definitions:

“ ‘Act of 2026’ means the International Protection Act 2026;

‘legal counselling’ has the same meaning as it has in the Act of 2026;”,

• (b) in section 5—

• (i) in subsection (1)(a)—

• (I) in subparagraph (i), by the substitution of “Act,” for “Act, and”,

• (II) in subparagraph (ii), by the substitution of “service, and” for “service;”, and

• (III) by the insertion of the following subparagraph after subparagraph (ii):

• “(iii) legal counselling;”,

and

• (ii) in subsection (1)(b)—

• (I) in subparagraph (i), by the substitution of “purpose,” for “purpose, and”,

• (II) in subparagraph (ii), by the substitution of “purpose,” for “purpose.”, and

• (III) by the insertion of the following subparagraphs after subparagraph (ii):

• “(iii) legal counselling by the engagement of persons appointed by it for that purpose, and

• (iv) training in legal counselling, either by itself or by persons appointed by it for that purpose.”,

• (c) by the insertion of the following section after section 11A:

“Appointment of persons to provide legal counselling or training in relation to such services

11B. (1) The Board may, subject to subsection (3), appoint persons specified in subsection (2) whom it considers to be qualified by reason of knowledge, experience, qualifications, training or expertise to provide legal counselling or training in legal counselling.

• (2) The persons referred to in subsection (1) are—

  • (a) a member of staff of the Board, or

  • (b) a person contracted by the Board.

• (3) The Board shall determine the selection criteria applicable to appointments under subsection (1) having regard to—

  • (a) the purpose of legal counselling,

  • (b) the purpose of training in legal counselling,

  • (c) the objective that persons appointed under that subsection possess knowledge of, and experience, qualifications, training or expertise in, the matters specified in subsection (4), and

  • (d) the need to ensure that a person appointed under that subsection is a fit and proper person to provide legal counselling or training in legal counselling, as the case may be.

• (4) The matters referred to in subsection (3)(c) are—

  • (a) legal counselling,

  • (b) training in legal counselling,

  • (c) the procedures governing applications for international protection under the Act of 2026,

  • (d) the rights and obligations of applicants during the procedures referred to in paragraph (c),

  • (e) without prejudice to paragraph (d), the rights and obligations of applicants who are unaccompanied minors or in need of special procedural guarantees, and

  • (f) the operation of the laws governing the system of entry into and presence of persons in the State.

• (5) A person appointed under subsection (1) and to whom subsection (2)(b) applies shall be appointed subject to such terms and conditions as may be determined by the Minister with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

• (6) In this section, ‘applicant’ and ‘applicant in need of special procedural guarantees’ have the same meanings as they have in section 2(1) of the Act of 2026.”,

and

• (d) in section 37(2), by the insertion of the following paragraph after paragraph (fd):

• “(fe) make provision as to the conditions relating to the provision of legal counselling by the Board;”.

298. Amendment of section 23C of Road Traffic Act 1961

298. Section 23C of the Road Traffic Act 1961 is amended—

• (a) in subsection (1), by the insertion of “or a return decision” after “a deportation order”,

• (b) in subsection (2), by the insertion of “or the coming into effect of the decision” after “making of the order”,

• (c) in subsection (3)—

• (i) by the substitution of—

• (I) “makes a deportation order or a return decision” for “makes a deportation order”, and

• (II) “making of the order or coming into effect of the decision” for “making of the order”,

• (ii) in paragraph (a), by the insertion of “or return decision” after “deportation order”,

• (iii) in paragraph (b), by the insertion of “or return decision” after “deportation order”,

• (iv) in paragraph (c), by the insertion of “or return decision” after “deportation order”,

and

• (d) in subsection (5), by the insertion of “and ‘return decision’ means a return decision under Part 11 of the International Protection Act 2026” after “the International Protection Act 2015”.

299. Amendment of Schedule to Bail Act 1997

299. The Schedule to the Bail Act 1997 is amended by the insertion of the following after paragraph 18A:

“Offences relating to travel documents

18B. Any offence under any paragraph of section 209(1) of the International Protection Act 2026.”.

300. Amendment of Act of 1999

300. The Act of 1999 is amended—

• (a) in section 3(4A)—

• (i) in paragraph (a), by the deletion of “or”, and

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) the person has been, by a final judgment, convicted outside the State of an offence which, were the act or omission constituting that offence done or made in the State, would constitute a serious offence under the law of the State, or”,

and

• (b) in section 6(1)(b), by the insertion of “or section 65(2)(b) of the International Protection Act 2026” after “International Protection Act 2015”.

301. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000

301. Section 5 of the Illegal Immigrants (Trafficking) Act 2000 is amended—

• (a) in subsection (1)—

• (i) in paragraph (ok), by the substitution of “International Protection Act 2015,” for “International Protection Act 2015, or”,

• (ii) by the insertion of the following paragraphs after paragraph (ok):

• “(ol) a declaration by the Determining Authority under section 71(2) of the International Protection Act 2026 that an application has been implicitly withdrawn,

• (om) a transfer decision of the Minister under section 138 of the International Protection Act 2026,

• (on) a decision of the Tribunal for Asylum and Returns Appeals under section 140(9) or 141(3) of the International Protection Act 2026,

• (oo) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as inadmissible,

• (op) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as unfounded or manifestly unfounded where the applicant is eligible for subsidiary protection but does not qualify as a refugee,

• (oq) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as unfounded or manifestly unfounded where the applicant does not qualify as a refugee and is not eligible for subsidiary protection,

• (or) a decision of the Determining Authority under section 163(1) of the International Protection Act 2026 not to grant refugee status,

• (os) a decision of the Tribunal for Asylum and Returns Appeals under section 189(5) or 195 of the International Protection Act 2026,

• (ot) a decision of the Minister under section 214(1) of the International Protection Act 2026 to withdraw refugee status or under section 214(2) of that Act to withdraw subsidiary protection status,

• (ou) a return decision under Part 11 or an entry ban notice under section 217 of the International Protection Act 2026, or”,

and

• (iii) in paragraph (p), by the substitution of “decision, declaration, determination, recommendation, refusal or order” for “decision, determination, recommendation, refusal or order”,

• (b) in subsection (2), by the substitution of “decision, declaration, determination, recommendation, refusal” for “decision, determination, recommendation, refusal” in both places where it occurs, and

• (c) in subsection (9)—

• (i) in paragraph (a), by the substitution of “decision, declaration, determination, recommendation, refusal or order” for “decision, determination, recommendation, refusal or order” in both places where it occurs, and

• (ii) in paragraph (c)—

• (I) by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in section 2 of the International Protection Act 2026;”,

and

• (II) by the insertion of the following subparagraphs after subparagraph (va) of the definition of “relevant enactment”:

• “(vb) the International Protection Act 2026,

  • (vc) the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015),”.

302. Amendment of Immigration Act 2003

302. Section 8 of the Immigration Act 2003 is amended—

• (a) in subsection (1)—

• (i) by the substitution of “section 42(9) of the International Protection Act 2015 (in this section referred to as ‘Act of 2015’) and section 191(9) of the International Protection Act 2026 (in this section referred to as ‘Act of 2026’)” for “section 11(4) of the Refugee Act 1996 (‘the Act of 1996’)”, and

• (ii) by the substitution of “within the meaning of the Act of 2015 and the Act of 2026” for “within the meaning of the Act of 1996”,

and

• (b) in subsection (2), by the substitution of “the Act of 2015 and the Act of 2026” for “the Act of 1996”.

303. Amendment of Act of 2004

303. The Act of 2004 is amended—

• (a) in section 1(1), by the insertion of the following definition:

“ ‘Common Travel Area’ means the State, the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man;”,

• (b) in section 3(8), by the insertion of “or the International Protection Act 2026” after “this Act”,

• (c) in section 4(3)—

• (i) in paragraph (f)—

• (I) in subparagraph (ii), by the deletion of “or”,

• (II) in subparagraph (iii), by the substitution of “State, or” for “State;”, and

• (III) by the insertion of the following subparagraph after subparagraph (iii):

• “(iv) a return decision or entry ban notice that is in effect under Part 11 of the International Protection Act 2026;”,

and

• (ii) in paragraph (l)(i), by the deletion of “(within the meaning of the International Protection Act 2015)”,

• (d) in section 5(3)—

• (i) in paragraph (c), by the deletion of “or”,

• (ii) in paragraph (d), by the substitution of “that Act, or” for “that Act.”, and

• (iii) by the insertion of the following paragraph after paragraph (d):

• “(e) a person who has the right to remain in the State in accordance with Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024²⁶ establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU as amended by Regulation (EU) 2026/463 of the European Parliament and of the Council of 24 February 2026²⁷ and Regulation (EU) 2026/464 of the European Parliament and of the Council of 24 February 2026²⁸, and the International Protection Act 2026.”,

• (e) in section 7—

• (i) in subsection (3), by the substitution of the following paragraphs for paragraph (b):

• “(b) An immigration officer or a member of An Garda Síochána may search a non-national of whom a requirement is made under paragraph (a) and any luggage belonging to the non-national or under the non-national’s control with a view to ascertaining whether the non-national is carrying or conveying any documents, where—

  • (i) it is reasonably necessary for the purpose of the enforcement of section 4, or

  • (ii) the immigration officer or member of An Garda Síochána reasonably suspects the person has committed an offence.

• (ba) An immigration officer or member of An Garda Síochána may examine and retain any document produced under paragraph (a) or found on a search under paragraph (b) for as long as an officer or member considers it reasonably necessary for the purpose of the enforcement of section 4 or for as long as an officer or member reasonably suspects it to be evidence of or relating to any offence.

• (bb) A person who is subject to a requirement under paragraph (a) shall, if so required by an immigration officer or a member of An Garda Síochána, provide all reasonable assistance in relation to the operation of devices in which the documents are stored or access to the documents stored in those devices, including—

  • (i) providing the documents to an immigration officer or a member of An Garda Síochána in a form in which the documents can be taken away from the place and in which the documents are, or can be made, legible and comprehensible,

  • (ii) giving to the immigration officer or member of An Garda Síochána any password necessary to make the documents concerned legible and comprehensible, or

  • (iii) otherwise enabling the immigration officer or member of An Garda Síochána to examine the documents in a form in which the document is legible and comprehensible.

• (bc) A search of a non-national’s person under paragraph (b) shall be carried out by a person of the same sex as the non-national.

• (bd) An immigration officer or a member of An Garda Síochána shall inform the non-national of the reasons for the search before conducting the search.”,

and

• (ii) by the insertion of the following subsection after subsection (4):

• “(5) The Minister may by regulations provide for—

  • (a) the maximum period documents may be retained for under subsection (3)(ba),

  • (b) the records that must be kept by the Minister or An Garda Síochána, as the case may be, of searches conducted under subsection (3),

  • (c) the information which must be provided by an immigration officer or a member of An Garda Síochána to the person being searched under subsection (3), including information as to how the person being searched can make a complaint in relation to the search or the retention of documents, and

  • (d) such other matters as the Minister considers necessary or expedient for the purposes of subsection (3).”,

• (f) in section 9—

• (i) in subsection (2)(a), by the insertion of “and such additional particulars as may be prescribed” after “the particulars set out in the Second Schedule”,

• (ii) in subsection (6)—

• (I) in paragraph (a), by the substitution of “the age of 6 years” for “the age of 16 years”, and

• (II) by the deletion of paragraph (b),

and

• (iii) by the insertion of the following subsections after subsection (7A):

• “(7B) Fingerprints shall not be taken for the purposes of registration under this section from a person who is under the age of 18 years, other than in the presence of—

  • (a) a parent or guardian, including a person exercising parental responsibility (within the meaning of paragraph 2 of Article 1 of the Hague Convention as set out in the Schedule to the Protection of Children (Hague Convention) Act 2000) in respect of the person who is under the age of 18 years, or

  • (b) an employee of, or other person appointed by, the Child and Family Agency.

• (7C) A registration officer who is taking the fingerprints of a person who is under the age of 18 years shall—

  • (a) before the taking of the fingerprints, explain the procedure for the taking of fingerprints to the person,

  • (b) take that person’s fingerprints in a child-friendly and child-sensitive manner, and

  • (c) at the time of taking the fingerprints, have completed appropriate training in relation to the taking of fingerprints from persons who are under the age of 18 years.

• (7D) An act required to be done under this section by a non-national who is under the age of 18 years may, where appropriate, be done on behalf of the non-national by the non-national’s parent or guardian, including a person exercising parental responsibility (within the meaning of paragraph 2 of Article 1 of the Hague Convention as set out in the Schedule to the Protection of Children (Hague Convention) Act 2000) in respect of the child.”,

• (g) in section 17A(3), by the substitution of the following definition for the definition of “arrangement relating to the Common Travel Area”:

“ ‘arrangement relating to the Common Travel Area’ means an arrangement between the Government and the government of the United Kingdom of Great Britain and Northern Ireland relating to the lawful movement of persons between the territories of the Common Travel Area;”,

and

• (h) in section 18(1)(b), by the insertion of “or section 65(2)(b) of the International Protection Act 2026” after “International Protection Act 2015”.

304. Amendment of Social Welfare Consolidation Act 2005

304. The Social Welfare Consolidation Act 2005 is amended—

• (a) in section 246—

• (i) in subsection (6)—

• (I) in paragraph (i), by the substitution of “force;” for “force.”, and

• (II) by the insertion of the following paragraphs after paragraph (i):

• “(j) a beneficiary of international protection within the meaning of the Act of 2026;

• (k) a person who has been given, or is deemed under the Act of 2026 to have been given, a permission to reside in the State under section 204 of that Act, where the permission concerned is in force;

• (l) a person who has been given, or is deemed under the Act of 2026 to have been given, a permission to enter and reside in the State under section 205 of that Act, where the permission concerned is in force;

• (m) a person who has been given a permission to reside in the State under section 237(8) of the Act of 2026, where the permission concerned is in force;

• (n) a person who is a programme refugee within the meaning of Part 12 of the Act of 2026.”,

• (ii) in subsection (7)—

• (I) in paragraph (f), by the substitution of “1999;” for “1999.”, and

• (II) by the insertion of the following paragraphs after paragraph (f):

• “(g) an applicant within the meaning of section 2(1) of the Act of 2026, or a person deemed to have made an application under that Act;

• (h) a person who has made, or is deemed under the Act of 2026 to have made, an application for international protection under that Act which is the subject of a final decision within the meaning of that Act rejecting the application or declaring the application to be implicitly withdrawn or explicitly withdrawn;

• (i) a person in relation to whom a return decision has been made under Part 11 of the Act of 2026.”,

• (iii) in subsection (8)—

• (I) in paragraph (c), by the substitution of “Act,” for “Act, or”,

• (II) by the insertion of the following paragraphs after paragraph (e):

• “(f) is granted, or deemed under the Act of 2026 to be granted, refugee status within the meaning of that Act,

• (g) is given, or deemed under the Act of 2026 to be given, a permission to reside in the State under section 204 of that Act,

• (h) is given, or deemed under the Act of 2026 to be given, a permission to enter and reside in the State under section 205 of that Act, or

• (i) is granted, or deemed under the Act of 2026 to be granted, subsidiary protection status within the meaning of that Act,”,

and

• (III) by the substitution of “declaration, permission or status” for “declaration or permission” in each place where it occurs,

and

• (iv) in subsection (10), by the insertion of the following definition:

“ ‘Act of 2026’ means the International Protection Act 2026;”,

and

• (b) in section 247D—

• (i) in subsection (1), by the substitution of “Act of 2015 or section 237(8) of the Act of 2026” for “Act of 2015”, and

• (ii) in subsection (2)—

• (I) by the substitution of the following definition for the definition of “designated accommodation centre”:

“ ‘designated accommodation centre’ means a premises designated under subsection (15) of section 237 of the Act of 2026, or deemed under subsection (16) of that section to be so designated.”,

and

• (II) by the insertion of the following definition:

“ ‘Act of 2026’ means the International Protection Act 2026;”.

305. Amendment of Schedule 3 to Broadcasting Act 2009

305. Schedule 3 to the Broadcasting Act 2009 is amended by the insertion of the following paragraph after paragraph 44:

“International Protection Act 2026

1. Online content by which a person publishes or broadcasts information, contrary to section 278(1) of the International Protection Act 2026 (prohibition on publication or broadcast of certain information).”.

306. Amendment of Schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012

306. Schedule 1 to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is amended—

• (a) in Part 1—

• (i) by the substitution of the following for subparagraph (g) of paragraph 1:

• “(g) an accommodation centre within the meaning of Part 4 of the International Protection Act 2026 or a designated centre within the meaning of Chapter 2 of Part 11 of that Act.”,

and

• (ii) by the insertion of the following paragraph after paragraph 1:

“1A. Any work or activity carried out in relation to an unaccompanied minor (within the meaning of the International Protection Act 2026) by a provisional representative person, a representative person or an international protection guardian, each within the meaning of section 2(1) of that Act.”,

and

• (b) in Part 2, by inserting the following after paragraph 1(d):

• “(e) an accommodation centre within the meaning of Part 4 of the International Protection Act 2026 or a designated centre within the meaning of Chapter 2 of Part 11 of that Act.”.

307. Meaning of “false” and “making”

Amendment of Children First Act 2015

307. The Children First Act 2015 is amended—

• (a) in Schedule 1—

• (i) by the substitution of the following for subparagraph (g) of paragraph 1:

• “(g) an accommodation centre within the meaning of Part 4 of the International Protection Act 2026 or a designated centre within the meaning of Chapter 2 of Part 11 of that Act, or”,

and

• (ii) by the insertion of the following paragraph after paragraph 9:

“10. Any work or activity which is carried out in relation to an unaccompanied minor, within the meaning of the International Protection Act 2026, by—

• (a) a provisional representative person or a representative person in accordance with Chapter 2 of Part 3 of that Act, or

• (b) an international protection guardian in accordance with section 202(1)(e) of that Act.”,

and

• (b) in Schedule 2, by—

• (i) the substitution of the following subparagraph for subparagraph (c) in paragraph 15:

• “(c) manager of an accommodation centre within the meaning of Part 4 of the International Protection Act 2026 or a designated centre within the meaning of Chapter 2 of Part 11 of that Act;”,

and

• (ii) the insertion of the following paragraph after paragraph 18:

“19. Person who assists, represents or acts for an unaccompanied minor, within the meaning of the International Protection Act 2026, as a provisional representative person, a representative person or an international protection guardian, each within the meaning of section 2(1) of that Act.”.

308. Amendment of section 24 of Prisons Act 2015

308. Section 24 of the Prisons Act 2015 is amended—

• (a) in subsection (1)—

• (i) in paragraph (a), by the deletion of “or” in the last place where it occurs,

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) a removal order under the European Communities (Free Movement of Persons) Regulations (S.I. No. 548 of 2015), or”,

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) a return decision that is in effect under Part 11 of the International Protection Act 2026,”,

and

• (iv) by the substitution of “deportation or removal from the State or return, as the case may be” for “deportation or removal, as the case may be, from the State”,

• (b) in subsection (3)(a), by the substitution of “deportation order, removal order or return decision” for “deportation order or removal order”,

• (c) in subsection (12), by the insertion of “or returned” after “deported or removed from the State” in both places where it occurs, and

• (d) in subsection (13)(a), by the insertion of “or returned” after “from the State”.

309. Amendment of section 12(2) of Act of 2018

309. Section 12(2) of the Act of 2018 is amended—

• (a) by the substitution of the following paragraph for paragraph (a):

• “(a) Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024²⁹ on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council,”,

• (b) in paragraph (b), by the substitution of “stateless person (recast), and” for “stateless person (recast).”, and

• (c) by the insertion of the following paragraph after paragraph (b):

• “(c) Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024³⁰ on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013.”.

310. Amendment of Childcare Support Act 2018

310. The Childcare Support Act 2018 is amended—

• (a) in section 1(1), by the insertion of the following definition:

“ ‘Act of 2026’ means the International Protection Act 2026;”,

• (b) in section 7(1)(b), by the insertion of the following subparagraphs after subparagraph (iiia):

• “(iiib) an applicant within the meaning of section 2(1) of the Act of 2026, or a person deemed to have made an application under that Act, or

  • (iiic) a person who is a programme refugee within the meaning of Part 12 of the Act of 2026, or

  • (iiid) a person who has been given a permission to reside in the State under section 237(8) of the Act of 2026, where the permission concerned is in force, or”,

• (c) in section 15(2)(c), by the insertion of the following subparagraphs after subparagraph (iiia):

• “(iiib) an applicant within the meaning of section 2(1) of the Act of 2026, or a person deemed to have made an application under that Act, or

  • (iiic) a person who is a programme refugee within the meaning of Part 12 of the Act of 2026, or

  • (iiid) a person who has been given a permission to reside in the State under section 237(8) of the Act of 2026, where the permission concerned is in force, or”,

and

• (d) in Schedule 2, by the insertion of the following:

“

Minister for Justice, Home Affairs and Migration	To facilitate access to childcare services for applicants within the meaning of the Act of 2026 and programme refugees within the meaning of Part 12 of that Act, so that parents or children can access education, integration and other relevant supports.

”.

311. Amendment of section 5(1) of Criminal Justice (Smuggling of Persons) Act 2021

311. Section 5(1) of the Criminal Justice (Smuggling of Persons) Act 2021 is amended by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in the International Protection Act 2026;”.

312. Amendment of Civil Law (Miscellaneous Provisions) Act 2022

312. The Civil Law (Miscellaneous Provisions) Act 2022 is amended—

• (a) in section 4, by the substitution of the following definition for the definition of “temporary protection beneficiary”:

“ ‘temporary protection beneficiary’ means a person to whom section 60 of the International Protection Act 2015, or section 237 of the International Protection Act 2026, applies on foot of Council Implementing Decision (EU) 2022/382 of 4 March 2022³¹ and who has been given a permission to reside in the State under section 60(6) of the International Protection Act 2015 or section 237(8) of the International Protection Act 2026, as the case may be, which permission is valid;”,

and

• (b) in section 41—

• (i) by the insertion of the following definition:

“ ‘Act of 2026’ means the International Protection Act 2026;”,

• (ii) in the definition of “international protection”, by the substitution of “Act of 2026” for “Act of 2015”, and

• (iii) in the definition of “relevant immigration enactment” by the insertion of the following paragraph after paragraph (a):

• “(aa) section 237 of the Act of 2026,”.

313. Amendment of section 8 of Employment Permits Act 2024

313. Section 8 of the Employment Permits Act 2024 is amended—

• (a) in subsection (1)—

• (i) by the insertion of the following paragraph after paragraph (a):

• “(aa) who is a beneficiary of international protection within the meaning of the Act of 2026,”,

• (ii) by the insertion of the following paragraphs after paragraph (b):

• “(bb) who is given, or deemed under the Act of 2026 to be given, a permission to reside in the State under section 204 of that Act, where the permission concerned is in force,

• (bc) who is given, or deemed under the Act of 2026 to be given, a permission to enter and reside in the State under section 205 of that Act, where the permission concerned is in force,”,

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(cc) a person who is a programme refugee within the meaning of Part 12 of the Act of 2026,”,

and

• (iv) by the insertion of the following paragraph after paragraph (d):

• “(dd) who is an applicant within the meaning of section 2(1) of the Act of 2026 or a person deemed to have made an application under that Act and who has been granted a labour market access permission which is in force,”,

and

• (b) in subsection (3), by the insertion of the following definition:

“ ‘Act of 2026’ means the International Protection Act 2026;”.

SCHEDULE 1 Convention Relating to the Status of Refugees done at Geneva on 28 July 1951

PREAMBLE

THE HIGH CONTRACTING PARTIES,

Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,

Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,

Considering that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and protection accorded by such instruments by means of a new agreement,

Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,

Expressing the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,

Noting that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of Refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,

Have agreed as follows:

Chapter I

GENERAL PROVISIONS

Article 1

Definition of the term “Refugee”

A. For the purposes of the present Convention, the term “refugee” shall apply to any person who:

• (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;

Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;

• (2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.

B. (1) For the purposes of this Convention, the words “events occurring before 1 January 1951” in Article 1, Section A, shall be understood to mean either:

• (a) “events occurring in Europe before 1 January 1951”; or

• (b) “events occurring in Europe or elsewhere before 1 January 1951”, and each Contracting State shall make a declaration at the time of signature, ratification or accession, specifying which of these meanings it applies for the purpose of its obligations under this Convention.

• (2) Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations.

C. This Convention shall cease to apply to any person falling under the terms of Section A if:

• (1) He has voluntarily re-availed himself of the protection of the country of his nationality; or

• (2) Having lost his nationality, he has voluntarily re-acquired it; or

• (3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

• (4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or

• (5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;

Provided that this paragraph shall not apply to a refugee failing under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;

• (6) Being a person who has no nationality he is, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;

Provided that this paragraph shall not apply to a refugee falling under section A(1) of this Article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.

D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.

When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

• (a) he 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;

• (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

• (c) he has been guilty of acts contrary to the purposes and principles of the United Nations.

Article 2

General obligations

Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

Article 3

Non-discrimination

The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.

Article 4

Religion

The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.

Article 5

Rights granted apart from this Convention

Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention.

Article 6

The term “in the same circumstances”

For the purpose of this Convention, the term “in the same circumstances” implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.

Article 7

Exemption from reciprocity

Article 8

Exemption from exceptional measures

With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees.

Article 9

Provisional measures

Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.

Article 10

Continuity of residence

Article 11

Refugee seamen

In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.

Chapter II

JURIDICAL STATUS

Article 12

Personal status

Article 13

Movable and immovable property

The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.

Article 14

Artistic rights and industrial property

In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has habitual residence.

Article 15

Right of association

As regards non-political and non-profit-making associations and trade unions the Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.

Article 16

Access to courts

Chapter III

GAINFUL EMPLOYMENT

Article 17

Wage-earning employment

• (a) He has completed three years’ residence in the country;

• (b) He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefits of this provision if he has abandoned his spouse;

• (c) He has one or more children possessing the nationality of the country of residence.

Article 18

Self-employment

The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.

Article 19

Liberal professions

Chapter IV

WELFARE

Article 20

Rationing

Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.

Article 21

Housing

As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

Article 22

Public education

Article 23

Public relief

The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.

Article 24

Labour legislation and social security

• (a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women’s work and the work of young persons, and the enjoyment of the benefit of collective bargaining;

• (b) Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:

• (i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;

• (ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.

Chapter V

ADMINISTRATIVE MEASURES

Article 25

Administrative assistance

Article 26

Freedom of movement

Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances.

Article 27

Identity papers

The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.

Article 28

Travel documents

Article 29

Fiscal charges

Article 30

Transfer of assets

Article 31

Refugees unlawfully in the country of refuge

Article 32

Expulsion

Article 33

Prohibition of expulsion or return (“refoulement”)

Article 34

Naturalization

The Contracting States shall as far as possible facilitate the assimilation and naturalisation of refugees. They shall in particular make every effort to expedite naturalisation proceedings and to reduce as far as possible the charges and costs of such proceedings.

Chapter VI

EXECUTORY AND TRANSITORY PROVISIONS

Article 35

Co-operation of the national authorities with the United Nations