International Protection Act 2015

60.

Temporary protection

60.      (1) In this section—

“temporary protection” means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons who are unable to return to their country of origin, immediate and temporary protection;

“Council Directive” means Council Directive 2001/55/EC of 20 July 2001 6 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof and any other Directive amending or replacing it;

“displaced persons” has the same meaning as in the Council Directive.

(2) Subject to subsection (3), this section applies to a displaced person to whom, following a Council Decision under Article 5 of the Council Directive establishing the existence of a mass influx of displaced persons, permission to enter and remain in the State for temporary protection as part of a group of persons has been given by the Government or the Minister and whose personal data (that is to say, name, nationality, date and place of birth, marital status, family relationship) are entered in a register established and maintained for the purposes of this section by the Minister.

(3) The Minister may exclude a displaced person from temporary protection if—

(a) there are serious reasons for considering that—

(i) he or she has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes, or

(ii) he or she has been guilty of acts contrary to the purposes and principles of the United Nations,

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

(c) the Minister is of opinion that he or she constitutes a danger to the community of the State because he or she was convicted by a final judgment of a particularly serious crime, whether in the State or elsewhere, or

(d) there are serious reasons for considering that he or she has committed a serious non-political crime outside the State prior to his or her entry into the State.

(4) In considering whether to exclude a displaced person from temporary protection under paragraph (c) or (d) of subsection (3), the Minister shall weigh the reasons underlying the Council Decision concerned as they relate to the displaced person against the nature of the crime of which the displaced person concerned is suspected.

(5) Subsections (3)(d) and (4) apply both to the participants in and the persons who have instigated a crime referred to in those provisions.

(6) The Minister shall give to a displaced person to whom subsection (2) applies, a permission to reside in the State and shall—

(a) issue him or her with—

(i) if required, an Irish visa or an Irish transit visa free of charge, or

(ii) a permission to remain in the State,

and

(b) provide him or her with information, in a language that he or she may reasonably be supposed to understand, setting out the provisions of this section relating to temporary protection in the State.

(7) Subject to subsection (8), a permission to reside in the State given under subsection (6) shall be valid for one year, and may be renewed.

(8) A permission to reside in the State given under subsection (6) may be revoked—

(a) when temporary protection has ended in accordance with the Council Decision concerned,

(b) upon the transfer of residence of the holder of the permission to another Member State, or

(c) where the Minister decides that the holder should have been excluded from temporary protection under subsection (3) or (4).

(9) Where, during the validity of a permission to reside in the State given under subsection (6), a displaced person to whom subsection (2) applies seeks to enter another Member State or has entered it without authorisation, the Minister shall, in co-operation with the competent authority of that Member State, make arrangements for the return of the person to the State.

(10) Without prejudice to subsection (8), a displaced person to whom subsection (2) applies shall be entitled—

(a) to seek and enter employment, to engage in any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and the same social welfare benefits as those to which Irish citizens are entitled, and

(c) to the same rights of travel in the State as those to which Irish citizens are entitled.

(11) The Minister shall co-operate with the competent authorities of another Member State in relation to—

(a) the transfer to another Member State of a displaced person to whom subsection (2) applies,

(b) the transfer from another Member State to the State of a displaced person to whom subsection (2) applies, and

(c) the reunification, either in the State or in another Member State, of family members of a displaced person to whom subsection (2) applies.

(12) The Minister may prescribe documentation to be used for the purpose of enabling and facilitating transfers and reunifications referred to in subsection (11).

(13) For the purposes of subsection (11), the Minister may provide to another Member State, insofar as they are available—

(a) personal data relating to a displaced person (that is to say, name, nationality, date and place of birth, marital status and family relationship),

(b) travel documents relating to the person concerned,

(c) documents concerning evidence of family ties relating to the person concerned (such as marriage certificates, birth certificates and certificates of adoption),

(d) other information required to establish the identity of the person concerned or his or her family relationships,

(e) residence permits and decisions concerning the giving or refusal of visas or residence permissions to the person concerned by the Minister, and documents forming the basis of those decisions,

(f) applications for visas or entry or residence permissions submitted by the person concerned and pending in the State, and the stage reached in the processing of these, and

(g) any corrected information within paragraphs (a) to (f) which becomes available.

(14) Subsection (2) shall not apply to a person who is, for the time being, an applicant and a permission to reside in the State given under subsection (6) shall not be in force in relation to such a person.

(15) In this section, “Irish transit visa” and “Irish visa” have the meaning they have under the Immigration Act 2003.