International Protection Act 2015

22.

Subsequent application

22.      (1) A person shall not make a subsequent application without the consent of the Minister, given under this section.

(2) An application for the consent referred to in subsection (1) shall include—

(a) a written statement of the reasons why the person concerned considers that the consent of the Minister should be given,

(b) where the previous application was withdrawn or deemed to have been withdrawn under this Act or, as the case may be, the Act of 1996, a written explanation of the circumstances giving rise to the withdrawal or deemed withdrawal,

(c) where the person concerned was deemed, for the purposes of his or her previous application, to be a person to whom section 38(5) applied, a written explanation of the circumstances giving rise to the application to him or her of that subsection,

(d) all relevant information being relied upon by the person concerned to demonstrate that he or she is entitled to international protection, and

(e) a written statement drawing to the Minister’s attention any new elements or findings, which have arisen since the determination of the previous application concerned, relating to the examination of whether the person is entitled to international protection.

(3) The Minister shall, as soon as practicable after receipt by him or her of an application under subsection (2), give or cause to be given to the person concerned a statement in writing specifying in a language that the person may reasonably be supposed to understand—

(a) the procedures that are to be followed for the purposes of this section,

(b) the entitlement of the person to communicate with the High Commissioner,

(c) the duty of the person to co-operate with the Minister and to furnish information relevant to his or her request, and

(d) such other information as the Minister considers necessary to inform the person of the effect of this section, and of any other relevant provision of this Act and regulations made under it.

(4) An international protection officer shall recommend to the Minister that the Minister give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection (2), the officer is satisfied that—

(a) since the determination of the previous application concerned, new elements or findings have arisen or have been presented by the person which make it significantly more likely that the person will qualify for international protection, and the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application, or

(b) where the previous application concerned was one to which subsection (2)(b) applies, the person was, at the time of the withdrawal or deemed withdrawal, through no fault of the person, incapable of pursuing his or her previous application.

(5) An international protection officer shall recommend to the Minister that the Minister refuse to give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection (2), the officer is satisfied that neither paragraph (a) nor (b) of subsection (4) applies in respect of the person.

(6) Where an international protection officer makes a recommendation under subsection (5), the Minister shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of the recommendation, which notification shall include a statement—

(a) of the reasons for the recommendation, and

(b) informing the person concerned of his or her entitlement under subsection (8) to appeal to the Tribunal against the recommendation.

(7) The Minister shall notify the High Commissioner of a recommendation under subsection (5).

(8) A person to whom a notification under subsection (6) is sent may, within such period from the date of the notification as may be prescribed under section 77, appeal to the Tribunal against the recommendation concerned.

(9) Sections 41 , 44 , 45 and 46(8) shall apply to an appeal under subsection (8), subject to the following modifications, and any other necessary modifications:

(a) the Tribunal shall make its decision without an oral hearing;

(b) a reference in section 44 to the documents given to the applicant under section 40 shall be construed as a reference to the notification given to the applicant under subsection (6).

(10) Before reaching a decision on an appeal under subsection (8), the Tribunal shall consider the following—

(a) the notice of appeal,

(b) all material furnished to the Tribunal by the Minister that is relevant to the recommendation concerned,

(c) any observations made to the Tribunal by the Minister or the High Commissioner, and

(d) such other matters as the Tribunal considers relevant to the appeal.

(11) In relation to an appeal under subsection (8), the Tribunal may decide to—

(a) affirm the recommendation of the international protection officer, or

(b) set aside the recommendation of the international protection officer.

(12) The decision of the Tribunal on an appeal under subsection (8) and the reasons for the decision shall be communicated by the Tribunal to the person concerned and his or her legal representative (if known), the Minister and the High Commissioner.

(13) Where—

(a) an international protection officer makes a recommendation under subsection (4), or

(b) the Tribunal, under subsection (11), sets aside a recommendation under subsection (5),

the Minister shall give his or her consent to the making of a subsequent application by the person concerned.

(14) Where the Minister gives his or her consent under subsection (13)

(a) he or she shall, as soon as practicable, notify the person concerned and his or her legal representative (if known) of that fact, and

(b) the person concerned shall be entitled, within 10 working days of the sending of the notification under paragraph (a), to make a subsequent application.

(15) Where a recommendation is made under subsection (5) and—

(a) the person concerned does not appeal under subsection (8) against the recommendation, or

(b) the Tribunal, under subsection (11), affirms the recommendation,

the Minister shall refuse to give his or her consent to the making of a subsequent application by the person concerned.

(16) Where a subsequent application is purported to have been made under section 15 and the Minister has not given his or her consent under this section to the making of the application—

(a) any examination of the application shall be terminated, and

(b) the report referred to in section 39 shall not be prepared.

(17) A notification referred to in subsection (6) or (14) shall be in a language that the person may reasonably be supposed to understand, where—

(a) the person is not assisted or represented by a legal representative, and

(b) legal assistance is not available to the person.

(18) In this section—

“previous application” means, in relation to a person—

(a) an application for international protection made by the person under this Act, in respect of which the Minister has, under section 47 , refused to give a refugee declaration, or

(b) an application made by the person under section 8 of the Act of 1996, in respect of which the Minister has, under section 17 of that Act, refused to give a declaration,

and includes any appeal made in relation to the application;

“subsequent application” means an application for international protection made by a person who has made a previous application.

Annotations:

Modifications (not altering text):

C6

Application of section restricted (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 13(2), 14(2).

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.

...

Certain persons taken back under EU Regulation

13. ...

(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, and subject to Regulation 15, 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.

...

Subsidiary protection applicant to whom Article 18(1)(c) applies

14. ...

(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, and subject to Regulation 15, 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.

...