International Protection Act 2015

70.

Transitional provisions relating to caseloads under repealed enactments

70.      (1) Where, before the date on which this subsection comes into operation, a person has made an application for a declaration under section 8 of the Act of 1996 and, by that date, a report under section 13 of that Act has not been prepared in respect of the application, the person shall be deemed to have made an application for international protection under section 15 and the provisions of this Act shall apply accordingly.

(2) Where, before the date on which this subsection comes into operation, a person has made an appeal under section 16 of the Act of 1996 against a recommendation of the Refugee Applications Commissioner and, by that date, the appeal has not been decided, the person shall be deemed to have made an application for international protection under section 15 and the provisions of this Act shall apply accordingly, subject to the following modifications and any other necessary modifications:

(a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration;

(b) for the purposes of the examination un der Part 5 of the application, the person shall be deemed to be a person who should not be given a refugee declaration;

(c) for the purposes of section 39(3)

(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the applicant, and

(ii) the recommendation of the Refugee Applications Commissioner shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the applicant should not be given a refugee declaration; and

(d) where the international protection officer makes his or her recommendation under section 39

(i) subject to subparagraph (ii), the person’s appeal under section 16 of the Act of 1996 shall be deemed to be an appeal made in accordance with section 41(1)(a), and the provisions of this Act shall apply accordingly,

(ii) where the recommendation is one referred to in section 39(3)(c) and the person appeals in accordance with section 41(1)(b) against the recommendation, the person’s appeal under section 16 of the Act of 1996 shall be deemed to be included in the appeal under section 41(1)(b) , and

(iii) section 43 shall not apply in respect of the appeal referred to in sub paragraph (i) or (ii).

(3) Where, before the date on which this subsection comes into operation, a person has made an application for a declaration under section 8 of the Act of 1996, which application has been the subject of a recommendation under section 13 of that Act to whichsubsection (2) of that section applies, and by that date, the Minister has not refused under section 17 of that Act to give the person concerned a declaration, then, subject to subsection (6), the person shall be deemed to have made an application for international protection under section 15.

(4) Where, before the date on which this subsection comes into operation, the former Tribunal has affirmed under section 16 of the Act of 1996 a recommendation of the Refugee Applications Commissioner and, by that date, the Minister has not refused under section 17 of that Act to give the person concerned a declaration, then, subject to subsection (6), the person shall be deemed to have made an application for international protection under section 15 .

(5) Where, before the date on which this subsection comes into operation, a person has made an application within the meaning of Regulation 2(1) of the Regulations of 2013 and, by that date, the Refugee Applications Commissioner has not yet commenced the investigation of the application under Regulation 5 of those Regulations, then, subject to subsection (6), the person shall be deemed to have made an application for international protection under section 15 .

(6) Where a person is deemed under subsection (3), (4) or (5) to have made an application for international protection under section 15, this Act shall apply to the application, with the following modifications and any other necessary modifications—

(a) the application shall be deemed not to be an application for status in the State as a refugee on the basis of a refugee declaration but to be an application only for status in the State as a person eligible for subsidiary protection on the basis of a subsidiary protection declaration,

(b) for the purposes of the examination under Part 5 of the application, the person shall be deemed to be a person who should not be given a refugee declaration,

(c) for the purposes of section 39(3)

(i) a recommendation referred to in paragraph (a) of that subsection shall not be made in respect of the applicant, and

(ii) the recommendation of the Refugee Applications Commissioner, made under the Act of 1996 in respect of the applicant, shall be deemed to be a recommendation, referred to in paragraphs (b) and (c) of that subsection, of the international protection officer that the applicant should not be given a refugee declaration,

and

(d) an appeal to the Tribunal under section 41(1) against a recommendation under paragraph (b) or (c) of section 39(3) may be made only in respect of the part of the recommendation that recommends that the applicant should not be given a subsidiary protection declaration.

(7) Where—

(a) immediately before the date on which this subsection comes into operation, a person is an applicant within the meaning of section 1 of the Act of 1996 and his or her application under the Act has not been determined, and

(b) he or she, on that date, is not deemed under this section to have made an application for international protection under section 15 ,

then, notwithstanding section 6

(i) the Act of 1996, and not this Act, shall, for the purpose of his or her application for a declaration under the Act of 1996, continue to apply to him or her, and

(ii) in the event that a notice under F3 [ section 17(5) ] of the Act of 1996 is sent to him or her, he or she may apply under the Regulations of 2013 for a subsidiary protection declaration, and the Regulations of 2006 and the Regulations of 2013 shall apply to the application, and

(iii) in the event that a declaration under section 17 of the Act of 1996 is given to him or her, the declaration shall be deemed to be a refugee declaration given to the person under this Act and the provisions of this Act shall apply accordingly.

(8) Where—

(a) immediately before the date on which this subsection comes into operation, a person is an applicant within the meaning of Regulation 2(1) of the Regulations of 2013, or entitled under Regulation 3 of the Regulations of 2013 to make an application for a subsidiary protection declaration, and

(b) he or she, on that date, is not deemed under subsection (2), (3), (4) or (5) to have made an application for international protection under section 15 ,

then, notwithstanding section 6 , the Regulations of 2006 and the Regulations of 2013, and not this Act, shall, for the purpose of his or her application for a subsidiary protection declaration under the Regulations of 2013, continue to apply to him or her.

(9) Where a person to whom subsection (7)(ii) or (8) applies is given, under Regulation 20 of the Regulations of 2013, a subsidiary protection declaration, the declaration shall be deemed to be a subsidiary protection declaration given to the person under this Act and the provisions of this Act shall apply accordingly.

(10) The Minister—

(a) shall give each person to whom subsection (1), (2), (3), (4) or (5) applies a statement in writing explaining the effect of this Act and the procedures under which his or her application for international protection will be dealt with, and

(b) shall afford each such person an opportunity to submit, within a specified period, such additional information in support of his or her application for international protection that he or she considers appropriate.

(11) Where, before the date on which this subsection enters into operation, a person has made an application for the consent of the Minister referred to in section 17(7) of the Act of 1996 and, by that date, the Minister has not made a decision in respect of the application, the application shall be deemed to be an application under section 22(2) and this Act shall apply accordingly.

(12) Where, before the date on which this subsection comes into operation, the Minister has sent a person a notice under section 21(3) of the Act of 1996 of the Minister’s proposal to revoke a declaration and, by that date, the Minister has not made a decision under that section in respect of the proposal, the notice shall be deemed to be a notice under section 52(4) , sent on the date on which it was sent under section 21(3) of the Act of 1996, and this Act shall apply accordingly.

(13) Where, before the date on which this subsection comes into operation, the Minister has sent a person a notice under Regulation 21(2) of the Regulations of 2013 of the Minister’s proposal to revoke a subsidiary protection declaration and, by that date, the Minister has not made a decision under that Regulation in respect of the proposal, the notice shall be deemed to be a notice under section 52(4) , sent on the day on which it was sent under that Regulation, and this Act shall apply accordingly.

(14) Where, before the date on which this subsection comes into operation, a person has made an application under section 18(1) or (4) of the Act of 1996 and, by that date, the Minister has not made a decision under that section in respect of the application—

(a) the Act of 1996 shall continue to apply in respect of the application, and

(b) where the Minister decides under that section to grant a permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 56 and the provisions of this Act shall apply accordingly.

(15) Where, before the date on which this subsection comes into operation, a person has made an application under Regulation 25(1) or (4), or Regulation 26(1) or (4), of the Regulations of 2013 and, by that date, the Minister has not made a decision under the Regulation concerned in respect of the application—

(a) the Regulations of 2013 shall continue to apply in respect of the application, and

(b) where the Minister decides—

(i) under Regulation 25 of the Regulations of 2013, to grant a permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 56 and the provisions of this Act shall apply accordingly, and

(ii) under Regulation 26 of the Regulations of 2013, to grant a permission to the person who is the subject of the application to reside in the State, the permission shall be deemed to be a permission given to the person under section 57 and the provisions of this Act shall apply accordingly.

(16) Where, before the date on which this subsection comes into operation, a person is the subject of a requirement under section 9(5)(a) of the Act of 1996 which, immediately before that date, still has effect, on and from that date, the requirement shall be deemed to be a requirement imposed on the person under section 16(3)(d) and this Act shall apply accordingly.

(17) Fingerprints taken under section 9A of the Act of 1996 shall, from the date on which this subsection comes into operation, be deemed to be fingerprints taken (on the date on which they were taken under the Act of 1996) under section 19 , and this Act shall apply accordingly.

(18) The functions conferred on the Refugee Applications Commissioner by the enactments that continue to apply under this section may, for the purposes referred to in this section, be performed by an international protection officer.

(19) Information provided to the Refugee Applications Commissioner under the Act of 1996, the Regulations of 2013 and the Dublin System Regulations shall, on and from the date on which this subsection comes into operation, be deemed to be information provided to the Minister or an international protection officer under this Act.

(20) Each record held by the Refugee Applications Commissioner under the Act of 1996, the Regulations of 2013 and the Dublin System Regulations shall, on and from the date on which this subsection comes into operation, be deemed to be information provided to the Minister or an international protection officer under this Act.

(21) Where, on the date on which this subsection comes into operation, any legal proceedings are pending to which the Refugee Applications Commissioner is a party and the proceedings have reference to functions which, on and after that date, are functions of an international protection officer, the chief international protection officer shall, to the extent that they have such reference, be substituted in those proceedings for the Refugee Applications Commissioner or added in those proceedings, as may be appropriate, and those proceedings shall not abate by reason of such substitution or addition.

(22) A temporary residence certificate issued under section 9(3) of the Act of 1996 to a person to whom subsection (1), (2), (3) or (4) applies shall be deemed to be a temporary residence certificate issued under section 17 .

(23) A temporary residence certificate given under Regulation 4(2) of the Regulations of 2013 to a person to whom subsection (5) applies shall be deemed to be a temporary residence certificate issued under section 17 .