International Protection Act 2015

Number 66 of 2015

INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 31 January 2024

This Revised Act is an administrative consolidation of the International Protection Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the International Protection Act 2015 (Safe Countries of Origin) (Amendment) Order 2024 (S.I. No. 32 of 2024), made 30 January 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 31 January 2024


CONTENTS

PART 1

Preliminary

Section

1. Short title and commencement

2. Interpretation

3. Regulations

4. Expenses

5. Service of documents

6. Repeals and revocations

PART 2

Qualification for International Protection

7. Acts of persecution

8. Reasons for persecution

9. Cessation of refugee status

10. Exclusion from being a refugee

11. Cessation of eligibility for subsidiary protection

12. Exclusion from eligibility for subsidiary protection

PART 3

Application for International Protection

13. Preliminary interview

14. Unaccompanied child seeking international protection

15. Application for international protection

16. Permission to enter and remain in the State

17. Temporary residence certificate

18. Statement to be given to applicant

19. Taking of fingerprints

20. Detention of applicant

21. Inadmissible application

22. Subsequent application

23. Report in relation to the health of applicant

24. Examination to determine age of unaccompanied person

25. Examination to determine age for purposes of subsection (7) of section 20

26. Protection of identity of applicant

PART 4

Assessment of Applications for International Protection

27. Duty of applicant to cooperate

28. Assessment of facts and circumstances

29. International protection needs arising sur place

30. Actors of persecution or serious harm

31. Actors of protection

32. Internal protection

33. Applicant from safe country of origin

PART 5

Examination of Applications at First Instance

34. Examination of application

35. Personal interview

36. Applicants to whom section 15(4) applies

37. Withdrawal of application at first instance

38. Failure by applicant to cooperate

39. Report of examination of application

40. Notification of recommendation in relation to application at first instance

PART 6

Appeals to Tribunal

41. Appeal to Tribunal

42. Oral hearing

43. Accelerated appeal procedures in certain cases

44. Appeal to Tribunal: provision of information

45. Withdrawal and deemed withdrawal of appeal to Tribunal

46. Decision of Tribunal on appeal

PART 7

Declarations and Other Outcomes

47. Refugee declaration and subsidiary protection declaration

48. Option to voluntarily return to country of origin

49. Permission to remain

50. Prohibition of refoulement

50A. Prohibition of refoulement (application for international protection determined under section 21 to be inadmissable)

51. Deportation order

51A. Return order

51B. Return of person subject of return order

51C. Period of validity of return order

52. Revocation of refugee declaration or subsidiary protection declaration

PART 8

Content of International Protection

53. Extension to qualified person of certain rights

54. Permission to reside in State

55. Travel document

56. Permission to enter and reside for member of family of qualified person

57. Permission to reside for member of family of qualified person

58. Situation of vulnerable persons

PART 9

Programme Refugees and Temporary Protection

59. Programme refugees, etc.

60. Temporary protection

PART 10

International Protection Appeals Tribunal

61. International Protection Appeals Tribunal

62. Membership of Tribunal

63. Functions of chairperson of Tribunal

64. Functions of deputy chairperson of Tribunal

65. Role of members of Tribunal

66. Registrar

67. Functions of Registrar

PART 11

Transitional Provisions

68. Detention

69. Transitional provisions relating to declarations and permissions under repealed enactments

70. Transitional provisions relating to caseloads under repealed enactments

71. Transitional provisions relating to Refugee Appeals Tribunal

PART 12

Miscellaneous

72. Designation of safe countries of origin

72A. Designation of safe third countries

73. Prioritisation

73A. Acceleration

74. International protection officers

75. Chief international protection officer

76. Contracts for services

77. Period for making appeal under sections 21, 22, 41 and 43

PART 13

Miscellaneous Amendments

78. Amendment of Immigration Act 1999

79. Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000

80. Amendment of section 5 of Immigration Act 2003

81. Amendment of Immigration Act 2004

SCHEDULE 1

Text of 1951 Convention relating to the Status of Refugees

Chapter I

GENERAL PROVISIONS

Chapter II

JURIDICAL STATUS

Chapter III

GAINFUL EMPLOYMENT

Chapter IV

WELFARE

Chapter V

ADMINISTRATIVE MEASURES

Chapter VI

EXECUTORY AND TRANSITORY PROVISIONS

Chapter VII

FINAL CLAUSES

SCHEDULE 2

Text of 1967 Protocol relating to the Status of Refugees



Number 66 of 2015


INTERNATIONAL PROTECTION ACT 2015

REVISED

Updated to 31 January 2024


An Act to restate and modify certain aspects of the law relating to the entry into and presence in the State of persons in need of international protection, while having regard also to the power of the Executive in relation to these matters, to give further effect to Council Directive 2001/55/EC of 20 July 20011 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, to give further effect to Council Directive 2004/83/EC of 29 April 20042 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, to give further effect to Council Directive 2005/85/EC of 1 December 20053 on minimum standards on procedures in Member States for granting and withdrawing refugee status, to give further effect to the Convention relating to the Status of Refugees done at Geneva on the 28th day of July 1951 and the Protocol relating to the Status of Refugees done at New York on the 31st day of January 1967, to amend the Immigration Act 1999, the Immigration Act 2003 and the Immigration Act 2004, to amend or repeal certain other enactments, and to provide for related matters.

[30 th December, 2015]

Be it enacted by the Oireachtas as follows:

Annotations

Modifications (not altering text):

C1

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.

C2

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.