Refugee Act 1996

Applications for declaration.

8

8.—(1) (a) A person who arrives at the frontiers of the State seeking asylum in the State or seeking the protection of the State against persecution or requesting not to be returned or removed to a particular country or otherwise indicating an unwillingness to leave the State for fear of persecution—

(i) shall be interviewed by an immigration officer as soon as practicable after such arrival, and

(ii) may apply to the Minister for a declaration.

(b) The immigration officer concerned shall inform a person referred to in paragraph (a), where possible in a language that the person understands, that he or she may apply under that paragraph for a declaration and that he or she is entitled to consult a solicitor and the High Commissioner.

F11[(c) A person who at any time is in the State (whether lawfully or unlawfully) and is seeking the status of a refugee in the State may apply to the Minister for a declaration and, if he or she does so, shall be interviewed by an authorised officer or an immigration officer at such times as may be specified by the authorised officer or the immigration officer, as the case may be, who shall also inform the person that he or she is entitled to consult a solicitor and the High Commissioner and the person shall make himself or herself available for such interview at the times so specified.]

F11[(2) An interview under subsection (1) shall, in relation to the person the subject of the interview, seek to establish inter alia—

(a) whether the person wishes to make an application for a declaration and, if he or she does so wish, the general grounds upon which the application is based,

(b) the identity of the person,

(c) the nationality and country of origin of the person,

(d) the mode of transport used and the route travelled by the person to the State,

(e) the reason why the person came to the State, and

(f) the legal basis for the entry into or presence in the State of the person,

and shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the interview was conducted by an immigration officer, to the Commissioner.]

F11[(3) (a) The Commissioner shall notify the High Commissioner in writing of the making of an application and the notice shall include the name of the applicant and the name of his or her country of origin and such other information as the Minister may specify by notice in writing addressed to the Commissioner.

(b) The Commissioner shall furnish a copy of the record of any interview under subsection (1)—

(i) to the Minister, and

(ii) to the High Commissioner whenever so requested by him or her in writing.]

F11[(4) An application under subsection (1) shall be made in writing in the prescribed form or in a form to the like effect and shall be addressed to the Commissioner.]

F11[(5) (a) Where it appears to an immigration officer or an authorised officer that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform the F12[Child and Family Agency] and thereupon the provisions of the Child Care Act, 1991, shall apply in relation to the child.]

F13[(b) Where it appears to the F12[Child and Family Agency], on the basis of information available to it, that an application for a declaration should be made by or on behalf of a child referred to in paragraph (a), the F12[Child and Family Agency] shall arrange for the appointment of an employee of the F12[Child and Family Agency] or such other person as it may determine to make an application on behalf of the child.]

(c) Any costs incurred by a person under paragraph (b) other than any legal costs arising from such application shall be paid by the F12[Child and Family Agency].

(d) F14[…]

(6) For the purposes of this Act, a person who travels by sea or air from outside the State and lands in the State shall be deemed to arrive at the frontiers of the State.

Annotations

Amendments:

F11

Substituted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(c), S.I. No. 9 of 2000.

F12

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 8, S.I. No. 502 of 2013.

F13

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 15 item 1(a)-(c), S.I. No. 887 of 2004.

F14

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 15 item 1(d), S.I. No. 887 of 2004.

Modifications (not altering text):

C5

Application of section extended (25.11.2014) by European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014), regs. 9-11.

Applicant under section 8 of Act of 1996 to whom Article 18(1)(a) of EU Regulation applies

9. (1) This Regulation applies to a person—

(a) to whom Article 18(1)(a) of the EU Regulation applies,

(b) who is present in the State, and

(c) who is the subject of a decision by the Commissioner, made under Article 18(1)(a) of the EU Regulation, that the State is the Member State responsible under the EU Regulation for examining the person’s application for international protection.

(2) A person to whom this Regulation applies shall be deemed to have applied, on the date on which this Regulation applies to him or her, for a declaration under section 8 of the Act of 1996, and the provisions of that Act shall, with any necessary modifications, apply accordingly.

(3) The Commissioner shall send a person to whom this Regulation applies, and his or her legal representative (if known), a notice in writing informing him or her of the effect of paragraph (2).

(4) Notwithstanding anything contained in those Regulations, Regulations 10, 11, 12, 13, 14 and 15 shall not apply to a person to whom this Regulation applies.

Applicant under section 8 of Act of 1996 to whom Article 18(1)(c) of EU Regulation applies

10. (1) This Regulation applies to a person—

(a) to whom Article 18(1)(c) of the EU Regulation applies,

(b) who has made an application under section 8 of the Act of 1996, which application was, under that Act, withdrawn or deemed to have been withdrawn,

(c) who is present in the State, and

(d) whom the Commissioner has agreed to take back on the grounds that the State is the Member State responsible under the EU Regulation for examining the person’s application for international protection.

(2) A person to whom this Regulation applies may, in accordance with this Regulation, make an application for the completion of the investigation under section 11 of the Act of 1996 of his or her application under section 8 of that Act.

(3) The Commissioner shall send a person to whom this Regulation applies, and his or her legal representative (if known), a notice in writing informing him or her of—

(a) his or her entitlement to make an application under paragraph (2), and

(b) the requirements under paragraph (4) for the making of such an application.

...

(5) On receipt of an application under paragraph (2) that is made in accordance with paragraph (4), the Commissioner shall proceed to complete his or her investigation under section 11 of the Act of 1996 of the person’s application under section 8 of that Act and, for the purposes of such an investigation—

(a) the provisions of the Act of 1996 shall, subject to paragraph (b) and any other necessary modifications, apply, and

(b) where the Commissioner had, under section 13(1) of the Act of 1996 and before the sending of the notice under paragraph (3), sent the person a copy of a report to which section 13(2) of the Act of 1996 applies, section 13 of the Act of 1996 shall apply to that investigation as if that report had not been prepared.

(6) Notwithstanding anything contained in those Regulations, Regulations 11, 12, 13, 14 and 15 shall not apply to a person to whom this Regulation applies.

Applicant under section 8 of Act of 1996 to whom Article 18(1)(d) of EU Regulation applies

11. ...

(4) An appeal referred to in paragraph (2)—

(a) may be made only by a person to whom this Regulation applies to whom a notice under paragraph (3) has been sent,

(b) subject to subparagraph (c), shall be made in the manner prescribed under section 16(1) of the Act of 1996, and

(c) shall be made within 15 working days of the sending to the person of a notice under paragraph (3).

(5) Where a person to whom this Regulation applies appeals in accordance with this Regulation, the provisions of the Act of 1996 shall, with any necessary modifications, apply to that appeal, as if the notice sent by the Minister under section 17(5) of the Act of 1996 had not been sent.

...

Editorial Notes:

E12

Procedure for unaccompanied minors prescribed (1.03.2011) by Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011), reg. 4, in effect as per reg. 1(2).

E13

Power pursuant to subs. (4) exercised (20.11.2000) by Refugee Act, 1996 (Application Form) Regulations 2000 (S.I. No. 345 of 2000), in effect as per reg. 1(2).

E14

Procedure for determination under the Dublin Convention prescribed (20.11.2000) by Dublin Convention (Implementation) Order 2000 (S.I. No. 343 of 2000), art. 3, in effect as per art. 1(2).

E15

Previous affecting provision: health board substituted by Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 15 item 1(a)-(c), S.I. No. 887 of 2004; substituted as per F-note above.