Dublin Convention (Implementation) Order, 2000

• Jurisdiction: Ireland
• Citation: IR SI 343/2000
• Year: 2000

I, JOHN O'DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 22 of the Refugee Act, 1996 (No. 17 of 1996) (as amended by section 11 (1)(p) of the Immigration Act, 1999 (No. 22 of 1999) and as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1992 ( S.I. No. 298 of 1997 )) do hereby order as follows:
	Title, Commencement, repeal and transition.	1. (1) This Order may be cited as the Dublin Convention (Implementation) Order, 2000.
(2) This Order shall come into operation on 20 November 2000.
(3) The Dublin Convention (Implementation) Order, 1997 ( S.I. No. 360 of 1997 ) is hereby revoked.
(4) Any determination, communication or decision, save for a final determination, made and in force immediately before the commencement of this Order under the Dublin Convention (Implementation) Order, 1997 ( S.I. No. 360 of 1997 ), shall continue in force as if made under this Order.
	Interpretation.	2. (1) In this Order, unless the context otherwise requires—
“the Act” means the Refugee Act, 1996 (No. 17 of 1996) as amended by section 11 of the Immigration Act, 1999 (No. 22 of 1999);
“applicant” means a person (other than a national of a Member State of the European Union) who has made an application;
“application” means an application for asylum (within the meaning of section 22(10) of the Act);
“residence permit” means any authorisation issued by the State or a convention country permitting a person who is not a national of a Member State of the European Union to stay in its territory, but does not include—
(a) a temporary residence certificate given to a person pursuant to section 9(3) of the Act, or
(b) any similar authorisation given to a person by a convention country permitting the person to reside in that country until the final determination of his or her application for asylum.
(2) In this Order—
(a) a reference to an Article or a Schedule is a reference to an Article or a Schedule of this Order unless it is indicated that reference to some other Order is intended.
(b) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	Determination under the Dublin Convention.	3. (1) Where an application is made under section 8 of the Act, the Commissioner shall determine whether the application—
(a) should in accordance with the provisions of Article 3(7) of the Dublin Convention be transferred to a convention country for examination,
(b) should in accordance with the provisions of Article 10(1)(d) of the Dublin Convention be transferred to a convention country for examination,
(c) should in accordance with the criteria set out in Articles 4 to 8 of the Dublin Convention (applied in the order in which they appear therein) be transferred to a convention country for examination, or
(d) should, in accordance with the criteria aforesaid or otherwise, be examined in the State.
(2) Where the Commissioner determines that the application should be examined in the State as aforesaid, he or she shall, as soon as may be, cause notice in writing of the determination to be given to the applicant concerned.
(3) Where, before or during an interview under section 8 of the Act, it appears to an immigration officer or authorised officer that the application may be one which could be transferred under the Dublin Convention to another convention country under paragraph (1), he or she shall send a notice to that effect to the applicant, where possible in a language that the applicant understands, and the notice shall be in the form set out in the First Schedule.
(4) An applicant who has been duly notified in accordance with paragraph (3) may, not more than 5 working days from the date of the sending of the notice, make representations in writing to the Commissioner and the Commissioner shall, before making a determination under this Article, take into consideration all relevant matters known to him or her, including any representations duly made by or on behalf of the applicant under this paragraph.
	Inquiries made and information recorded by the Commissioner.	4. (1) The Commissioner may make or cause to be made such inquiries and, by notice in writing, request such information in relation to matters specified in the notice as is necessary or expedient for the purpose of making a determination under Article 3 in respect of an application.
(2) (a) Where, following the making of an inquiry or a request under paragraph (1), a convention country communicates information to the Commissiner, such information may be used only for the purpose of—
(i) making a determination under Article 3 or a decision under Article 5,
(ii) examining an application, the subject of the request for information, or
(iii) implementing any obligation arising under the Dublin Convention.
(b) Subject to subparagraph (c), information obtained under subparagraph (a) may be communicated by the Commissioner only to the Minister, the Tribunal or any person, including a tribunal or court in the State, entrusted with—
(i) determining whether the application concerned should be examined in the State or be transferred to a convention country for examination,
(ii) examining the application concerned, or
(iii) implementing any obligation arising under the Dublin Convention.
(c) An applicant shall, on request therefor, be supplied with a copy of any information communicated to the Commissioner under subparagraph (a) relating to his or her application.
(d) The Commissioner shall keep a record of any information communicated to him or her under subparagraph (a) in relation to the applicant.
(3) (a) Where information recorded pursuant to paragraph (2)(d) is incomplete, inaccurate or misleading or should not have been disclosed by a convention country, the Commissioner shall, on request to him or her in that behalf, in writing, by the applicant to whom the information relates or by the convention country which communicated the information pursuant to paragraph (2)(a), amend the information so recorded—
(i) by altering it so as to render the information complete or correct or not misleading, as may be appropriate,
(ii) by adding to the information so recorded a statement specifying the respects in which the Commissioner is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate, or
(iii) by deleting the information so recorded.
(b) A request under subparagraph (a) shall, in so far as is practicable, specify the amendment or deletion required and include appropriate information in support of the request.
(c) Where a request is made under subparagraph (a)—
(i) the Commissioner shall accede to the request if he or she is satisfied that the information concerned falls within the said subparagraph (a), and
(ii) as soon as may be, but not later than 10 working days after the receipt by the Commissioner of the request, he or she shall decide whether to accede to or refuse to accede to the request and shall cause notice in writing of his or her decision to be given to the applicant concerned.
(d) Where information recorded pursuant to paragraph (2)(d) is amended pursuant to this paragraph, the Commissioner shall cause notice in writing of the amendment to be given to the convention country concerned as soon as may be after the date on which the amendment was effected.
	Request to re-admit an applicant prior to a determination by the Commissioner under the Dublin Convention.	5. (1) If, before the making of a determination under Article 3 in relation to an application, the applicant concerned—
(a) leaves the State,
(b) withdraws his or her application,
(c) enters a convention country, and
(d) lodges an application in that country,
then, if the State receives a request from the convention country to re-admit the applicant to the State, the Commissioner shall determine whether to accede to the request and shall respond to such request within 8 days of its receipt.
(2) The Commissioner may refuse to accede to a request referred to in paragraph (i) if—
(a) the applicant concerned has, at the time of the receipt of the request, been in a place other than the State or a convention country for a period of not less than 3 months, or
(b) a convention country has issued to the applicant concerned a residence permit which is valid for a period of not less than 3 months.
(3) The Commissioner shall not accede to a request under paragraph (1) without the prior consent of the Minister which shall not be unreasonably withheld.
(4) An applicant re-admitted to the State under this Article shall be deemed not to have withdrawn his or her application and the application shall be dealt with accordingly.
	Notice of intention to transfer applicant to another convention country subject to any appeal.	6. (1) Where the Commissioner makes a determination under Article 3 that an applicant should be transferred to a convention country, he or she shall, as soon as may be—
(a) cause notice in writing of the determination and of the reasons for it to be given to the applicant, and
(b) where the country has not already indicated its willingness to admit the applicant to its territory, request the country to admit the applicant to its territory.
(2) A notice under subparagraph (1)(a) shall include a statement that the applicant concerned may appeal to the Tribunal under Article 7 against the determination aforesaid not more than 5 working days from the date of the determination, and shall be in the form set out in the Second Schedule to this Order.
(3) An applicant concerned shall not be transferred to a convention country—
(a) before the expiry of 5 working days from the date of the making of such a...