Refugee Act 1996

F21 [ Powers of authorised officers and immigration officers.

9A

9A. (1) An authorised officer, a member of the Garda S í och á na or an immigration officer may, for the purposes of this Act, take or cause to be taken the fingerprints of an applicant.

(2) Fingerprints shall not be taken under this section from a person under the age of 14 years except in the presence of a person who is

( a ) a parent or a person who is acting in loco parentis ; or

F22 [ ( b ) an employee of the F23 [ Child and Family Agency ] or other person appointed by the F23 [ Child and Family Agency ] under section 8(5)( b ). ]

(3) The fingerprints of a person under the age of 14 years shall not be taken under this section without the prior approval

( a ) in the case of an authorised officer or an immigration officer who is not a member of the Garda S í och á na, of the Minister or a person designated for that purpose by the Minister; or

( b ) in the case of a member of the Garda S í och á na, of his or her chief superintendent or a person designated for that purpose by his or her chief superintendent.

(4) If and for so long as the authorised officer, the immigration officer or, as the case may be, the member of the Garda S í och á na concerned has reasonable grounds for believing that the person is not under the age of 14 years, the provisions of subsection (2) shall apply as if he or she had attained the age of 14 years.

(5) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1) shall be deemed not to have made reasonable efforts to establish his or her true identity within the meaning of section 9(8)( c ), and to have failed to comply with the requirements of section 11C.

(6) The Commissioner of the Garda S í och á na shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

(7) Every fingerprint of an applicant taken pursuant to subsection (1) and every copy thereof shall, if not previously destroyed, be destroyed

( a ) in case the applicant becomes a citizen of the State, before the expiration of one month after the granting of the certificate of naturalisation or of Irish citizenship to him or her or the acknowledgement by the Minister of the validity of his or her declaration accepting Irish citizenship, as the case may be;

( b ) in any other case, before the expiration of 10 years after the taking of such fingerprints.

(8) Information obtained pursuant to subsection (1) may be communicated to convention countries or a safe third country (within the meaning of section 22) as if it was information to which subsection (9) or, as may be appropriate, subsection (10) of that section relates. ]

Annotations:

Amendments:

F21

Substituted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(d), S.I. No. 415 of 2009.

F22

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 15 item 3, S.I. No. 887 of 2004.

F23

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 8, S.I. No. 502 of 2013.

Modifications (not altering text):

C6

Application of section extended (25.11.2014) by European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014), reg. 7(2).

Right to remain in the State

7. (1) An applicant who appeals under Regulation 6 shall, subject to paragraph (2), be entitled to remain in the State pending the outcome of the appeal.

(2) The following provisions of the Act of 1996 shall apply to the entitlement of the applicant under paragraph (1) to remain in the State, as if the references to an applicant in those provisions was a reference to an applicant referred to in paragraph (1):

(a) subsections (4), (4A)(a), (5), (6) and (7) of section 9;

(b) section 9A.

Editorial Notes:

E20

Previous affecting provision: section inserted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(e), S.I. No. 9 of 2000; substituted as per F-note above.