International Protection Act 2015

52.

Revocation of refugee declaration or subsidiary protection declaration

52.      (1) The Minister shall, in accordance with this section, revoke a refugee declaration given to a person if satisfied that—

(a) the person should have been or is excluded from being a refugee under section 10 ,

(b) the person has, in accordance with section 9 , ceased to be a refugee, or

(c) misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person a refugee declaration.

(2) The Minister may, in accordance with this section, revoke a refugee declaration given to a person if satisfied that—

(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.

(3) The Minister shall, in accordance with this section, revoke a subsidiary protection declaration given to a person if satisfied that—

(a) the person should have been or is excluded from being eligible for subsidiary protection under section 12 ,

(b) the person has, in accordance with section 11 , ceased to be eligible for subsidiary protection, or

(c) misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person a subsidiary protection declaration.

(4) Where the Minister proposes, under subsection (1), (2) or (3), to revoke a declaration, he or she shall send a notice in writing of his or her proposal and of the reasons for it to the person concerned, which notice shall include a statement of the person’s entitlement under subsection (6) to make representations in writing to the Minister in relation to the proposal.

(5) Where the Minister sends a notice under subsection (4) to a person, he or she shall at the same time send a copy thereof to the person’s legal representative (if known) and to the High Commissioner.

(6) A person who has been sent a notice of a proposal under subsection (4) may, within 15 working days of the sending of the notice, make representations in writing to the Minister in relation to the proposal.

(7) The Minister shall—

(a) before deciding to revoke a declaration under this section, take into consideration any representations made to him or her in accordance with subsection (6), and

(b) where he or she decides to revoke the declaration under this section, send a notice in writing of his or her decision and of the reasons for it to the person concerned, which notice shall include a statement of the person’s entitlement under subsection (8) to appeal.

(8) A person to whom a notice under subsection (7)(b) is sent may, within 10 working days from the date of the notice, appeal to the Circuit Court against the decision of the Minister to revoke the declaration.

(9) The Circuit Court, on the hearing of an appeal under subsection (8), may, as it thinks proper—

(a) affirm the decision of the Minister, or

(b) direct the Minister not to revoke the declaration.

(10) A decision to revoke a declaration shall take effect—

(a) where no appeal to the Circuit Court is brought against the decision of the Minister, on the date on which the period specified in subsection (8) for making such an appeal expires, or

(b) where an appeal to the Circuit Court is brought against the decision of the Minister—

(i) from the date on which the Circuit Court, under subsection (9)(a), affirms the decision, or

(ii) from the date on which the appeal is withdrawn.

(11) In this section “declaration” means a refugee declaration or a subsidiary protection declaration.