International Protection Act 2015

19.

Taking of fingerprints

19.       (1) Subject to subsection (2), a member of the Garda Síochána, or an immigration officer may—

(a) for the purpose of establishing the identity of a person for any purpose of this Act, take or cause to be taken the fingerprints of an applicant, or

(b) for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause to be taken the fingerprints of a person who—

(i) is not a citizen of a Member State,

(ii) has attained the age of 14 years, and

(iii) not having permission, under any enactment or rule of law, to be present or remain in the State, has been found in the State.

(2) Fingerprints shall not be taken under this section from a person who has not attained the age of 14 years, other than in the presence of—

(a) his or her parent, or another person who is taking responsibility for him or her, or

(b) where applicable, a person appointed by the Child and Family Agency under section 15(4) to make an application on behalf of him or her.

(3) If and for so long as the immigration officer or, as the case may be, member of the Garda Síochána concerned has reasonable grounds for believing that the person has attained the age of 14 years, the provisions of subsection (2) shall apply as if he or she has attained the age of 14 years.

(4) An applicant who refuses to permit his or her fingerprints to be taken pursuant to subsection (1)

(a) shall be deemed, for the purposes of section 20(1)(c) , not to have made reasonable efforts to establish his or her identity, and

(b) shall be deemed to have failed to comply with the requirements of section 27(1) .

(5) The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken pursuant to subsection (1).

(6) Every fingerprint of an applicant taken pursuant to subsection (1) and kept under subsection (5) shall (if not earlier destroyed) be destroyed—

(a) not later than 3 months after the person from whom it was taken—

(i) is first given, under section 54 , a permission to reside in the State, and complies with section 9(2) of the Act of 2004,

(ii) becomes an Irish citizen, or

(iii) satisfies the Minister that he or she has acquired the citizenship or nationality of a Member State,

or

(b) in any other case, not later than 10 years after the date on which it is taken.

(7) In this section—

“Member State” includes a state that participates in the Dublin Regulation by virtue of an agreement between the state and the European Union.

Annotations:

Modifications (not altering text):

C5

Section applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), reg. 8(2)(b).

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.