International protection act 2015
Act Number | 66 |
Enactment Date | 30 December 2015 |
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Number 66 of 2015 | ||
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INTERNATIONAL PROTECTION ACT 2015 | ||
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CONTENTS | ||
PART 1 | ||
Preliminary | ||
Section | ||
1. Short title and commencement | ||
2. Interpretation | ||
3. Regulations | ||
4. Expenses | ||
5. Service of documents | ||
6. Repeals and revocations | ||
PART 2 | ||
Qualification for International Protection | ||
7. Acts of persecution | ||
8. Reasons for persecution | ||
9. Cessation of refugee status | ||
10. Exclusion from being a refugee | ||
11. Cessation of eligibility for subsidiary protection | ||
12. Exclusion from eligibility for subsidiary protection | ||
PART 3 | ||
Application for International Protection | ||
13. Preliminary interview | ||
14. Unaccompanied child seeking international protection | ||
15. Application for international protection | ||
16. Permission to enter and remain in the State | ||
17. Temporary residence certificate | ||
18. Statement to be given to applicant | ||
19. Taking of fingerprints | ||
20. Detention of applicant | ||
21. Inadmissible application | ||
22. Subsequent application | ||
23. Report in relation to the health of applicant | ||
24. Examination to determine age of unaccompanied person | ||
25. Examination to determine age for purposes of subsection (7) of section 20 | ||
26. Protection of identity of applicant | ||
PART 4 | ||
Assessment of Applications for International Protection | ||
27. Duty of applicant to cooperate | ||
28. Assessment of facts and circumstances | ||
29. International protection needs arising sur place | ||
30. Actors of persecution or serious harm | ||
31. Actors of protection | ||
32. Internal protection | ||
33. Applicant from safe country of origin | ||
PART 5 | ||
Examination of Applications at First Instance | ||
34. Examination of application | ||
35. Personal interview | ||
36. Applicants to whom section 15(4) applies | ||
37. Withdrawal of application at first instance | ||
38. Failure by applicant to cooperate | ||
39. Report of examination of application | ||
40. Notification of recommendation in relation to application at first instance | ||
PART 6 | ||
Appeals to Tribunal | ||
41. Appeal to Tribunal | ||
42. Oral hearing | ||
43. Accelerated appeal procedures in certain cases | ||
44. Appeal to Tribunal: provision of information | ||
45. Withdrawal and deemed withdrawal of appeal to Tribunal | ||
46. Decision of Tribunal on appeal | ||
PART 7 | ||
Declarations and Other Outcomes | ||
47. Refugee declaration and subsidiary protection declaration | ||
48. Option to voluntarily return to country of origin | ||
49. Permission to remain | ||
50. Prohibition of refoulement | ||
51. Deportation order | ||
52. Revocation of refugee declaration or subsidiary protection declaration | ||
PART 8 | ||
Content of International Protection | ||
53. Extension to qualified person of certain rights | ||
54. Permission to reside in State | ||
55. Travel document | ||
56. Permission to enter and reside for member of family of qualified person | ||
57. Permission to reside for member of family of qualified person | ||
58. Situation of vulnerable persons | ||
PART 9 | ||
Programme Refugees and Temporary Protection | ||
59. Programme refugees, etc. | ||
60. Temporary protection | ||
PART 10 | ||
International Protection Appeals Tribunal | ||
61. International Protection Appeals Tribunal | ||
62. Membership of Tribunal | ||
63. Functions of chairperson of Tribunal | ||
64. Functions of deputy chairperson of Tribunal | ||
65. Role of members of Tribunal | ||
66. Registrar | ||
67. Functions of Registrar | ||
PART 11 | ||
Transitional Provisions | ||
68. Detention | ||
69. Transitional provisions relating to declarations and permissions under repealed enactments | ||
70. Transitional provisions relating to caseloads under repealed enactments | ||
71. Transitional provisions relating to Refugee Appeals Tribunal | ||
PART 12 | ||
Miscellaneous | ||
72. Designation of safe countries of origin | ||
73. Prioritisation | ||
74. International protection officers | ||
75. Chief international protection officer | ||
76. Contracts for services | ||
77. Period for making appeal under sections 21, 22, 41 and 43 | ||
PART 13 | ||
Miscellaneous Amendments | ||
78. Amendment of Immigration Act 1999 | ||
79. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000 | ||
80. Amendment of section 5 of Immigration Act 2003 | ||
81. Amendment of Immigration Act 2004 | ||
SCHEDULE 1 | ||
Text of 1951 Convention relating to the Status of Refugees | ||
Chapter I | ||
GENERAL PROVISIONS | ||
Chapter II | ||
JURIDICAL STATUS | ||
Chapter III | ||
GAINFUL EMPLOYMENT | ||
Chapter IV | ||
WELFARE | ||
Chapter V | ||
ADMINISTRATIVE MEASURES | ||
Chapter VI | ||
EXECUTORY AND TRANSITORY PROVISIONS | ||
Chapter VII | ||
FINAL CLAUSES | ||
SCHEDULE 2 | ||
Text of 1967 Protocol relating to the Status of Refugees | ||
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Acts Referred to | ||
Child and Family Agency Act 2013 (No. 40) | ||
Child Care Acts 1991 to 2013 | ||
Civil Legal Aid Act 1995 (No. 32) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Civil Service Regulation Acts 1956 to 2005 | ||
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) | ||
European Parliament Elections Act 1997 (No. 2) | ||
Health Acts 1947 to 2015 | ||
Immigration Act 1999 (No. 22) | ||
Immigration Act 2003 (No. 26) | ||
Immigration Act 2004 (No. 1) | ||
Medical Practitioners Act 2007 (No. 25) | ||
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) | ||
Refugee Act 1996 (No. 17) | ||
Social Welfare Acts | ||
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Number 66 of 2015 | ||
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INTERNATIONAL PROTECTION ACT 2015 | ||
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An Act to restate and modify certain aspects of the law relating to the entry into and | ||
presence in the State of persons in need of international protection, while having regard also to the power of the Executive in relation to these matters, to give further effect to Council Directive 2001/55/EC of 20 July 20011 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, to give further effect to Council Directive 2004/83/EC of 29 April 20042 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, to give further effect to Council Directive 2005/85/EC of 1 December 20053 on minimum standards on procedures in Member States for granting and withdrawing refugee status, to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967, to amend the Immigration Act 1999 , the Immigration Act 2003 and the Immigration Act 2004 , to amend or repeal certain other enactments, and to provide for related matters. | ||
[30 th December, 2015] | ||
Be it enacted by the Oireachtas as follows: | ||
PART 1 Preliminary | ||
Short title and commencement |
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1. (1) This Act may be cited as the International Protection Act 2015. | ||
(2) This Act comes into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions. |
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(3) An order under subsection (2) may, in respect of the repeal of the Act specified in section 6 (1) effected by that section, appoint different days for the repeal of different provisions of that Act. |
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Interpretation |
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2. (1) In this Act— | ||
“Act of 1996” means the Refugee Act 1996 ; |
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“Act of 1999” means the Immigration Act 1999 ; |
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“Act of 2004” means the Immigration Act 2004 ; |
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“applicant” means a person who— |
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(a) has made an application for international protection in accordance with section 15 , or on whose behalf such an application has been made or is deemed to have been made, and |
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(b) has not ceased, under subsection (2), to be an applicant; |
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“biometric information” means information relating to the distinctive physical characteristics of a person including— |
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(a) measurements or other assessments of those characteristics, |
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(b) information about those characteristics held in an automated form, |
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but does not include references to the DNA profile of a person, and references to the provision by a person of biometric information means its provision in a way that enables the identity of the person to be investigated or ascertained; |
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“chairperson” means the chairperson of the Tribunal; |
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“chief international protection officer” means the person appointed under section 75 to be the chief international protection officer; |
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“country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence; |
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“civil partner” means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; |
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“deportation order” shall be construed in accordance with section 51 ; |
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“deputy chairperson” means a deputy chairperson of the Tribunal; |
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“DNA profile” has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ; |
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“document” includes— |
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(a) any written matter, |
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(b) any photograph, |
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(c) any currency notes or counterfeit currency notes, |
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(d) any information in non-legible form that is capable of being converted into legible form, |
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(e) any audio or video recording, and |
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(f) a travel document or an identity document; |
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“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 20134 |
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“Dublin System Regulations” means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation; |
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“establishment day” shall be construed in accordance with section 61 (2); |
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“European Asylum Support Office” means the European Asylum Support Office established by... |
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