European Union (Subsidiary Protection) (Amendment) Regulations 2015

JurisdictionIreland
CitationIR SI 137/2015
Year2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st April, 2015.

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 Council Directive 2004/83/EC of 29 April 20041 hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Subsidiary Protection) (Amendment) Regulations 2015.

(2) These Regulations shall come into operation on 20 April 2015.

Interpretation

2. In these Regulations, “Principal Regulations” means the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 ).

Amendment of Regulation 2 of Principal Regulations

3. Regulation 2 of the Principal Regulations is amended—

(a) by the substitution of the following for the definition of “application”:

“ ‘application’, in Regulations 4 to 20, means—

(a) an application for a subsidiary protection declaration made in accordance with Regulation 3(1), or an application that is deemed, under paragraph (2) or (3) of Regulation 3, to be such an application, or

(b) an application for a subsidiary protection declaration made under Regulation 3A where, under paragraph (7) of that Regulation, Regulations 4 to 20 apply to the application,

and, in Regulations 4 to 20, ‘applicant’ shall be construed accordingly;”,

and

(b) by the deletion of the definition of “torture”.

Amendment of Regulation 3 of Principal Regulations

4. Regulation 3 of the Principal Regulations is amended—

(a) in paragraph (1), by the substitution of “Subject to Regulation 3A, an” for “An”,

(b) in paragraph (4)(a), by the substitution of “subject to Regulation 3A, the person”, for “the person”,

and

(c) in paragraph 4(b), by the substitution of “under paragraph (1) or Regulation 3A,” for “under paragraph (1),”.

Insertion of Regulation 3A in Principal Regulations

5. The Principal Regulations are amended by the insertion of the following after Regulation 3:

“Making of application for subsidiary protection declaration by applicant within meaning of Refugee Act 1996

3A.(1) Subject to paragraph (2), an application for a subsidiary protection declaration may be made under this Regulation by a person who is in the State and who has made an application for a declaration or, as the case may be, a subsequent application for a declaration.

(2) A person to whom paragraph (1) applies may make an application under this Regulation—

(a) at the time he or she makes an application for a declaration or, as the case may be, subsequent application for a declaration, or

(b) where he or she has made an application referred to in subparagraph (a), at any time after the making of that application and before he or she is, in respect of the application—

(i) given a declaration within the meaning of section 17 of the Act of 1996, or

(ii) sent a notice under section 17(5) of that Act.

(3) An application under this Regulation shall be addressed to the Commissioner and made in writing, in the form set out in Schedule 1A or a form to the like effect.

(4) A person who makes an application under this Regulation may, at any time from the date on which the application is made until the expiry of 15 working days after the date of the sending to him or her of a notice under section 17(5A) (inserted by Regulation 6(b) of the European Union (Subsidiary Protection) (Amendment) Regulations 2015) of the Act of 1996, furnish to the Commissioner further information, in writing and in the form set out in Schedule 1B or a form to the like effect, in respect of the application.

(5) The Commissioner, on receipt of an application under this Regulation that is made in accordance with paragraph (2), shall, without delay, give or cause to be given to the applicant a statement in writing, in a language that the applicant may reasonably be supposed to understand, specifying the effect of this Regulation.

(6) Where a person who has made an application under this Regulation is, in respect of his or her application for a declaration or, as the case may be, subsequent application for a declaration, given a declaration within the meaning of section 17 of that Act, his or her application under this Regulation shall be deemed to be withdrawn.

(7) Regulations 4 to 20 shall not apply to an application made under this Regulation until the date on which the Minister sends to the person who made the application a notice under section 17(5A) of the Act of 1996 in respect of his or her application for a declaration or, as the case may be, subsequent application for a declaration.

(8) In this Regulation—

“application for a declaration” means an application for a declaration under section 8 of the Act of 1996;

“subsequent application for a declaration” means a subsequent application for a declaration under the Act of 1996, made with the consent of the Minister given under section 17(7) of that Act.”.

Amendment of section 17 of Act of 1996

6. Section 17 of the Act of 1996 is amended—

(a) in subsection (5) (as amended by Regulation 34(a) of the Principal Regulations), by the insertion after “refuse to give a declaration,” of “other than to an applicant to whom subsection (5A) applies, ”,

(b) by the insertion of the following subsections after subsection (5):

“(5A) Where the Minister has decided to refuse to give a declaration to an applicant who has made an application under Regulation 3A (inserted by Regulation 5 of the European Union (Subsidiary Protection) (Amendment) Regulations 2015) of the Regulations of 2013, he or she shall send to the applicant a notice in writing stating that—

(a) his or her application for a declaration has been refused,

(b) from the date of the sending of...

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