International protection act 2015

Enactment Date30 December 2015
Act Number66


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015


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


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

Illegal Immigrants (Trafficking) Act 2000 (No. 29)

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


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015


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

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.

(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.

Interpretation

2. (1) In this Act—

“Act of 1996” means the Refugee Act 1996 ;

“Act of 1999” means the Immigration Act 1999 ;

“Act of 2004” means the Immigration Act 2004 ;

“applicant” means a person who—

(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

(b) has not ceased, under subsection (2), to be an applicant;

“biometric information” means information relating to the distinctive physical characteristics of a person including—

(a) measurements or other assessments of those characteristics,

(b) information about those characteristics held in an automated form,

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;

“chairperson” means the chairperson of the Tribunal;

“chief international protection officer” means the person appointed under section 75 to be the chief international protection officer;

“country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence;

“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 ;

“deportation order” shall be construed in accordance with section 51 ;

“deputy chairperson” means a deputy chairperson of the Tribunal;

“DNA profile” has the meaning it has in section 2 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 ;

“document” includes—

(a) any written matter,

(b) any photograph,

(c) any currency notes or counterfeit currency notes,

(d) any information in non-legible form that is capable of being converted into legible form,

(e) any audio or video recording, and

(f) a travel document or an identity document;

“Dublin Regulation” means Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 20134

“Dublin System Regulations” means any statutory instrument made by a Minister of the Government for the purpose of giving effect to the Dublin Regulation;

“establishment day” shall be construed in accordance with section 61 (2);

“European Asylum Support Office” means the European Asylum Support Office established by...

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