International Protection Act 2015

47.

Refugee declaration and subsidiary protection declaration

47.      (1) The Minister shall, subject to subsection (3), give a refugee declaration to an applicant as soon as possible after receipt by the Minister of—

(a) a report under section 39 that includes a recommendation referred to in subsection (3)(a) of that section, or

(b) a decision of the Tribunal referred to in subsection (2)(b) or (3)(b) of section 46 .

(2) The Minister shall refuse to give a refugee declaration to an applicant where—

(a) a report under section 39 in respect of the application concerned includes a recommendation referred to in paragraph (b) of section 39(3) , and the applicant has not appealed under section 41 against the recommendation,

(b) an appeal by the applicant under section 41(1)(a) against a recommendation is withdrawn or deemed to be withdrawn under section 45 , or

(c) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(2)(a) in relation to the appeal.

(3) The Minister may refuse to give a refugee declaration to an applicant who is a refugee where—

(a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or

(b) the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.

(4) The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of—

(a) a report under section 39 that includes a recommendation referred to in section 39(3)(b) , or

(b) a decision of the Tribunal referred to in section 46(3)(c) .

(5) The Minister shall refuse both to give a refugee declaration and to give a subsidiary protection declaration to an applicant where—

(a) the application concerned is withdrawn under section 20 or 37 ,

(b) a report under section 39 in respect of the application concerned includes a recommendation referred to in section 39(3)(c) , and the applicant has not appealed under section 41 against the recommendation,

(c) an appeal by the applicant under section 41(1)(b) by the applicant against a recommendation is deemed under section 20 to be withdrawn, or is withdrawn or deemed to be withdrawn under section 45 , or

(d) the Tribunal, following an appeal under section 41 by the applicant, has made a decision under section 46(3)(a) in relation to the appeal.

(6) Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.

(7) The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of:

(a) the giving under subsection (1) of a refugee declaration;

(b) the giving under subsection (4) of a subsidiary protection declaration;

(c) the refusal under subsection (2) or (3) to give a refugee declaration;

(d) the refusal under subsection (5) both to give a refugee declaration and to give a subsidiary protection declaration.

(8) The Minister shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give an applicant a refugee declaration or a subsidiary protection declaration.

(9) A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under this Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen.