International Protection Act 2015


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 30 June 2018


This Revised Act is an administrative consolidation of the International Protection Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 29 June 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 30 June 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

International Protection Act 2015 (Safe Countries of Origin) Order 2018 (S.I. No. 121 of 2018)

International Protection Act 2015 (Section 6(2)(j)) (Commencement) Order 2018 (S.I. No. 119 of 2018)

European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018)

European Union (Subsidiary Protection) Regulations 2017 (S.I. No. 409 of 2017)

International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 (S.I. No. 116 of 2017)

International Protection Act 2015 (Deportation) Regulations 2016 (S.I. No. 668 of 2016)

International Protection Act 2015 (Travel Document) Regulations 2016 (S.I. No. 667 of 2016)

International Protection Act 2015 (Places of Detention) Regulations 2016 (S.I. No. 666 of 2016)

International Protection Act 2015 (Voluntary Return) Regulations 2016 (S.I. No. 665 of 2016)

International Protection Act 2015 (Permission to Remain) Regulations 2016 (S.I. No. 664 of 2017)

International Protection Act 2015 (Commencement) (No. 3) Order 2016 (S.I. No. 663 of 2016)

International Protection Act 2015 (Temporary Residence Certificate) (Prescribed Information) Regulations 2016 (S.I. No. 662 of 2016)

International Protection Act 2015 (Establishment Day) Order 2016 (S.I. No. 661 of 2016)

International Protection Act 2015 (Application for International Protection Form) Regulations 2016 (S.I. No. 660 of 2016)

International Protection Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No. 133 of 2016)

International Protection Act 2015 (Commencement) Order 2016 (S.I. No. 26 of 2016)

All statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 16 April 2018, were considered in the preparation of this revision.


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 30 June 2018


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



Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 30 June 2018


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 2001 1 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 2004 2 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 2005 3 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:

Annotations:

Modifications (not altering text):

C1

Act applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 15.

Applicant under section 8 of the Refugee Act 1996 or under section 15 of Act of 2015 to whom Article 18(1)(c) applies

12. ...

(2) A person to whom this Regulation applies shall, notwithstanding section 22 of the Act of 2015, but without prejudice to section 21 of that Act, be deemed to have made, on the date on which this Regulation first applies to him or her, an application for international protection under section 15 of that Act, and, subject to this Regulation, the provisions of that Act shall, with any necessary modifications, apply accordingly.

...

Person to whom Regulation 13(2) or 14(2) applies.

15. Where a person is deemed under Regulation 13(2) or 14(2) to have made an application for international protection under section 15 of the Act of 2015, the provisions of that Act shall apply to the application, with the following modifications and any other necessary modifications—

(a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration,

(b) for the purposes of the examination under Part 5 of that Act of the application, the person shall be deemed to be a person who should not be given a refugee declaration,

(c) for the purposes of section 39(3) of that Act—

(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the person, and

(ii) the recommendation of the Refugee Applications Commissioner, made under the Act of 1996 in respect of the person, shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the person should not be given a refugee declaration,

and

(d) an appeal to the Tribunal under section 41(1) of that Act against a recommendation under paragraph (b) or (c) of section 39(3) of that Act may be made only in respect of the part of the recommendation that recommends that the person should not be given a subsidiary protection declaration.

C2

References construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 18(2), 19(2).

Provisions in relation to international protection officers

18. (1) An international protection officer shall be independent in the performance of his or her functions under these Regulations.

(2) A reference in the Act of 2015 to the functions of an international protection officer conferred on him or her by that Act shall be deemed to include a reference to the functions conferred on an international protection officer by these Regulations.

Provisions in relation to the Tribunal

19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.

(2) A reference in the Act of 2015 to—

(a) a function of the Tribunal, chairperson, deputy chairperson, registrar or a member of the Tribunal (including a reference to a function conferred by that Act) shall be deemed to include a reference to the functions conferred upon the Tribunal, chairperson, deputy chairperson, registrar or member, as the case may be, by these Regulations.

(b) the work or business of the Tribunal shall include a reference to the work or business of the Tribunal by virtue of these Regulations, and

(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.