International Protection Act 2015

16.

Permission to enter and remain in the State

16.      (1) An applicant shall be given, by or on behalf of the Minister, a permission that operates to allow the applicant to enter and remain or, as the case may be, to remain in the State for the sole purpose of the examination of his or her application, including any appeal to the Tribunal in relation to the application.

(2) A permission given under subsection (1) shall be valid until the person to whom it is given ceases under section 2(2) to be an applicant.

(3) Subject to subsection (6), an applicant shall—

(a) not leave or attempt to leave the State without the consent of the Minister,

(b) not seek, enter or be in employment or engage for gain in any business, trade or profession,

(c) inform the Minister of his or her address and any change of address as soon as possible, and

(d) comply with either or both of the following conditions, as may be notified in writing to him or her by an immigration officer:

(i) that he or she reside or remain in a specified district or place in the State;

(ii) that he or she report at specified intervals to—

(I) an immigration officer, or

(II) a specified Garda Síochána station.

(4) An immigration officer may, by notice in writing, withdraw a condition referred to in subsection (3)(d) or vary it in a specified manner, and a reference in this Act to a condition imposed on an applicant under subsection (3)(d) shall be construed as including a reference to such a condition as varied under this subsection.

(5) An applicant who contravenes subsection (3) or (4) shall be guilty of an offence and shall be liable on summary conviction to a class D fine or imprisonment for a term not exceeding 1 month or both.

(6) Paragraphs (a), (b) and (d) of subsection (3) and section 20 shall not apply to an applicant—

(a) to whom section 2(3) applies, or

(b) who, were he or she not an applicant, would be entitled to remain in the State under any other enactment or rule of law.

Annotations:

Modifications (not altering text):

C4

Subss. (3), (4) and (5) applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 8(2)(a).

Suspension of implementation of transfer decision pending outcome of appeal

8. (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 2015 shall apply to the entitlement of an 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 (3), (4) and (5) of section 16;

(b) section 19.