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Act applied with modifications (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 12(2), 15.

Applicant under section 8 of the Refugee Act 1996 or under section 15 of Act of 2015 to whom Article 18(1)(c) applies

12. ...

(2) A person to whom this Regulation applies shall, notwithstanding section 22 of the Act of 2015, but without prejudice to section 21 of that Act, be deemed to have made, on the date on which this Regulation first applies to him or her, an application for international protection under section 15 of that Act, and, subject to this Regulation, the provisions of that Act shall, with any necessary modifications, apply accordingly.

...

Person to whom Regulation 13(2) or 14(2) applies.

15. Where a person is deemed under Regulation 13(2) or 14(2) to have made an application for international protection under section 15 of the Act of 2015, the provisions of that 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 that Act 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) of that Act—

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

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

and

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

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References construed (6.03.2018) by European Union (Dublin System) Regulations 2018 (S.I. No. 62 of 2018), regs. 18(2), 19(2).

Provisions in relation to international protection officers

18. (1) An international protection officer shall be independent in the performance of his or her functions under these Regulations.

(2) A reference in the Act of 2015 to the functions of an international protection officer conferred on him or her by that Act shall be deemed to include a reference to the functions conferred on an international protection officer by these Regulations.

Provisions in relation to the Tribunal

19. (1) The Tribunal shall be independent in the performance of its functions under these Regulations.

(2) A reference in the Act of 2015 to—

(a) a function of the Tribunal, chairperson, deputy chairperson, registrar or a member of the Tribunal (including a reference to a function conferred by that Act) shall be deemed to include a reference to the functions conferred upon the Tribunal, chairperson, deputy chairperson, registrar or member, as the case may be, by these Regulations.

(b) the work or business of the Tribunal shall include a reference to the work or business of the Tribunal by virtue of these Regulations, and

(c) an applicant and an appeal shall include a reference to an applicant or an appeal, as the case may be, under these Regulations.