European Union (Dublin System) (Amendment) Regulations 2016.

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th March, 2016.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Regulation (EU) No. 604/20131 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Dublin System) (Amendment) Regulations 2016.

Interpretation

2. In these Regulations, “Regulations of 2014” means the European Union (Dublin System) Regulations 2014 ( S.I. No. 525 of 2014 ).

Amendment of Regulation 2 of Regulations of 2014

3. Regulation 2 of the Regulations of 2014 is amended by the insertion of the following definitions in paragraph (1):

“ ‘contract for services’ means a contract for services entered into by the Minister with a person for the provision by the person of assistance to the Commissioner in the performance by the Commissioner of his or her functions under the Act of 1996, the Regulations of 2013 or these Regulations;

‘person who has entered into a contract for services’ means a person who has entered into a contract for services with the Minister;

‘port’ has the meaning it has in section 1 of the Immigration Act 2004 ;”.

Amendment of Regulation 3 of Regulations of 2014

4. Regulation 3 of the Regulations of 2014 is amended by the insertion of the following after paragraph (3):

“(4) The Commissioner may delegate to a person who has entered into a contract for services the functions of the Commissioner under Regulation 4(1).”.

Amendment of Regulation 6 of Regulations of 2014

5. Regulation 6 of the Regulations of 2014 is amended—

(a) in paragraph (2)(a), by the substitution of “10 working days” for “15 working days”, and

(b) in paragraph (8), by the substitution of “staff, a person who has entered into a contract for services or” for “staff or”.

Insertion of Regulations 6A in Regulations of 2014

6. The Regulations of 2014 are amended by the insertion of the following Regulation after Regulation 6:

“Withdrawal and deemed withdrawal of appeal under Regulation 6

6A.(1) An applicant who appeals under Regulation 6 may withdraw his or her appeal by sending notice of withdrawal to the Tribunal and the Tribunal shall, as soon as practicable, notify the Minister and the Commissioner of the withdrawal.

(2) Where an applicant fails, without reasonable cause, to attend an oral hearing under Regulation 6, then, unless the applicant, not later than 3 working days from the date fixed under that Regulation for the oral hearing, furnishes the Tribunal with an explanation for not attending the hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.

(3) Where an appeal is withdrawn or deemed to be withdrawn under this Regulation, Regulations 6 and 7 shall cease to apply in respect of the applicant concerned.”.

Amendment of Regulation 8 of Regulations of 2014

7. Regulation 8 of the Regulations of 2014 is amended—

(a) in paragraph (1)—

(i) by the substitution, in subparagraph (b), of “that Regulation”, for “that Regulation, or”, and

(ii) by the insertion of the following after subparagraph (b):

“(ba) appeals under Regulation 6 within the period specified in that Regulation and the appeal is withdrawn or deemed to be withdrawn under Regulation 6A, or”,

(b) by the substitution of the following for paragraph (4):

“(4) Where an immigration officer or a member of the Garda Síochána considers that there is a significant risk of a transferrable applicant absconding, the officer or member (“arresting officer or member”) may, for the purpose of facilitating the transfer of the...