International Protection Act 2015

73

Prioritisation

73.      (1) Subject to the need for fairness and efficiency in dealing with applications for international protection under this Act, the Minister may, where he or she considers it necessary or expedient to do so—

(a) accord priority to any application, or

(b) having consulted with the chairperson of the Tribunal, request the chairperson to accord priority to any appeal.

(2) In according priority under subsection (1)(a) or making a request under subsection (1)(b), the Minister may have regard to the following:

(a) whether the applicant possesses identity documents, and, if not, whether he or she has provided a reasonable explanation for the absence of such documents;

(b) whether the applicant has provided a reasonable explanation to substantiate his or her claim that the State is the first safe country in which he or she has arrived since departing from his or her country of origin;

(c) whether the applicant has provided a full and true explanation of how he or she travelled to and arrived in the State;

(d) where the application was made other than at the frontier of the State, whether the applicant has provided a reasonable explanation to show why he or she did not make an application for international protection or, as the case may be, an application under section 8 of the Act of 1996 immediately on arriving at the frontier of the State unless the application is grounded on events which have taken place since his or her arrival in the State;

(e) where the applicant has forged, destroyed or disposed of any identity or other documents relevant to his or her application, whether he or she has a reasonable explanation for so doing;

(f) whether the applicant has adduced manifestly false evidence in support of his or her application, or has otherwise made false representations, either orally or in writing;

(g) whether the applicant, without reasonable cause, has made an application following the notification of a proposal under section 3(3)(a) of the Immigration Act 1999;

(h) whether the applicant has complied with the requirements of section 27(1);

(i) whether the applicant is a person in respect of whom the Child and Family Agency is providing care and protection;

(j) whether the applicant has, without reasonable cause, failed to comply with the requirements of paragraphs (a), (c) or (d) of F22[section 16(3);]

F23[(k) whether the applicant is from a safe country of origin;

(l) whether the country of origin of the applicant is a country in respect of which there are a large number of applications or appeals, and the need to ensure that these and all other applications or appeals are dealt with in an efficient manner.]

Annotations:

Amendments:

F22

Substituted (8.11.2022) by European Communities (International Protection Procedures) Regulations 2022 (S.I. No. 541 of 2022), reg. 3(a), in effect as per reg. 1(2).

F23

Inserted (8.11.2022) by European Communities (International Protection Procedures) Regulations 2022 (S.I. No. 541 of 2022), reg. 3(b), in effect as per reg. 1(2).