Refugee Act 1996 (Section 22) Order, 2003

• Jurisdiction: Ireland
• Citation: IR SI 423/2003
• Year: 2003

I, Michael McDowell, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 22 (as amended by section 7 (I) of the Immigration Act 2003 (No. 26 of 2003)) of the Refugee Act 1996 (No. 17 of 1996), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), and for the purpose of giving effect to Council Regulation (EC) No. 343/20031 , hereby order as follows:
	Title and commencement	1.—(1) This Order may be cited as the Refugee Act 1996 (Section 22) Order, 2003.
(2) This Order shall come into operation on 15 September 2003.
	Application of this Order and of Dublin Convention (Implementation) Order 2000	2.—(1) This Order shall, subject to paragraph (2), apply to an application for asylum made on or after 1 September 2003.
(2) The Dublin Convention (Implementation) Order 2000 ( S.I. No. 343 of 2000 ) shall apply to the following:
(a) an application made before 1 September 2003 in respect of which the Commissioner has made a request under Article 6(1)(b) of that Order to a convention country to admit the applicant to its territory,
(b) a request, made before 1 September 2003, from a convention country to admit or as the case may be re-admit the applicant to the State to which Article 5, 9 or 11 of that Order applies,
(c) an application, irrespective of when made, in respect of which it appears to the Commissioner that it could be transferred under the Dublin Convention to Denmark,
(d) a request, irrespective of when made, from Denmark to admit or as the case may be re-admit an applicant to the State to which Articles Article 5, 9 or 11 of that Order applies.
	Interpretation	3.—(1) In this Order, unless the context otherwise requires—
“the Act” means the Refugee Act, 1996 (No. 17 of 1996) as amended by section 7 of the Immigration Act 2003 (No. 26 of 2003);
“applicant” means a person (other than a national of a Council Regulation country) who has made an application;
“application” means an application for asylum within the meaning of the Council Regulation, and includes an application for a declaration under the Act;
“Council Regulation country” means a country to which the Council Regulation applies;
“the Council Regulation” means Council Regulation (EC) No 343/20032 .
(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 Council Regulation	4.—(1) Where an application is made under section 8 of the Act, the Commissioner shall determine whether, in accordance with the Council Regulation, the application should be examined in the State.
(2) The Commissioner shall, before making a determination under this Article, take into consideration all relevant matters known to him or her, including any representations made by or on behalf of the applicant.
(3) Where, before the making of a determination under this Article, an applicant withdraws his or her application for a declaration, the Commissioner may make a determination under this Article as if the application had not been withdrawn.
	Taking charge and taking back under the Council Regulation	5.—(1) Where the State is the requested Member State for the purposes of the Council Regulation the functions of the requested Member State under the Council Regulation shall be carried out by the Commissioner.
(2) The Commissioner shall not accede to a request that the State should take charge of or take back an applicant in accordance with the Council Regulation without the prior consent of the Minister which shall not be unreasonably withheld.
(3) Where the State is the Member State responsible for examining an application for asylum in any case to which Article 16(1)(a), (b) or (c) of the Council Regulation applies, the application shall be deemed to be an application for a declaration under section 8 of the Act.
	Notice of intention to transfer applicant to another Council Regulation country	6.—(1) Where the Commissioner makes a determination under Article 4 that an applicant should be transferred to a Council Regulation country, he or she shall, as soon as may be, cause notice in writing of the determination and of the reasons for it to be given to the applicant and his or her solicitor (if known) and to the Minister.
(2) A notice to the applicant under paragraph (1) shall be in the form set out in Schedule 1 or a form to the like effect and shall include statements—
(a) that the applicant concerned may appeal to the Tribunal under Article 8 against the determination aforesaid not more than 15 working days from the date of the determination;
(b) that an appeal shall not, of itself, operate to suspend the transfer of the application and the applicant to the Council Regulation country concerned;
(c) that if, after the transfer to the Council Regulation country, the decision to transfer is set aside on appeal, arrangements will be made for the reception of the applicant into the State;
(d) that the matter has been referred to the Minister with a view to making arrangements for the transfer of the applicant to the Council Regulation country.
	Transfer of a person from the State to a Council Regulation country	7.—(1) Subject to the subsequent provisions of this Article, the Minister may by order (in this Order referred to as “a transfer order”), in the form set out in Schedule 2 or a form to the like effect, require an applicant, in respect of whom a determination under Article 4 that he or she should be transferred to a Council Regulation country has been made, to leave the State on or before such date or within such period as may be specified in the order and to go to the relevant Council Regulation country.
(2) Where the Minister makes a transfer order, he or she shall notify the person in writing of the making of the order and where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.
(3) A notice under paragraph (2) shall include—
(a) a statement of the determination under Article 4,
(b) a statement that the period of entitlement of the person to remain in the State under section 9 of the Act has expired,
(c) a statement that the person may without further notice be detained for the purpose of ensuring his or her departure from the State in accordance with the transfer order and
(d) any other information which the Minister considers appropriate in the circumstances.
(4)(a) The notice under paragraph (2) may require the person the subject of the transfer order to do any one or more of the following for the purpose of ensuring his or her transfer to the Council Regulation country:
(i) present himself or herself to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;
(ii) produce any travel document, passport, travel ticket or other document in his or her possession required for the purpose of such transfer to such member of the Garda Síochána or immigration officer at such date, time and place as may be specified in the notice;
(iii) co-operate in any way necessary to enable a member of the Garda Síochána or immigration officer to obtain a travel document, passport, travel ticket or other document required for the purpose of such transfer;
(iv) reside or remain in a particular district or place in the State pending removal from the State;
(v) report to a specified Garda Síochána station or immigration officer at specified intervals pending removal from the State;
(vi) notify such member of the Garda Síochána or immigration officer as may be specified in the notice as soon as possible of any change of address.
(b) Where the notice under paragraph (2) contains a requirement to do an act specified in subparagraph (a), a member of the Garda Síochána or immigration officer may, if he or she considers it necessary for the purpose of ensuring the transfer of the person concerned to the Council Regulation country, require the person in writing to do any one or more of the acts specified in subparagraph (a), and any such further requirement shall have effect as if it were a...