International Protection Act 2015

59

Programme refugees, etc.

59.      (1) In this section, and subject to subsection (4), a “programme refugee” means a person to whom permission to enter and remain in the State for resettlement, or for temporary protection other than temporary protection provided for in section 60, has been given by the Government or the Minister and whose name is entered in a register established and maintained by the Minister, whether or not such person is a refugee within the meaning of the definition of “refugee” in section 2.

(2) During such period as he or she is entitled to remain in the State pursuant to permission given by the Government or the Minister referred to in subsection (1), sections 53 to 55 shall apply to a programme refugee as if the programme refugee is a qualified person with the modification that a permission given under section 54 may be for a specified period of less than 3 years.

(3) The Minister may, after consultation with the Minister for Foreign Affairs and Trade, enter into agreements with the High Commissioner for the reception and resettlement in the State of programme refugees.

(4) (a) A person who, on the date on which this section enters into operation, is a programme refugee within the meaning of section 24 of the Act of 1996, shall be deemed to be a programme refugee for the purposes of this section.

(b) An entry in the register referred to in section 24(1) of the Act of 1996 in respect of a person to whom paragraph (a) applies shall be deemed to be an entry in respect of him or her in the register referred to in subsection (1).

Annotations:

Modifications (not altering text):

C12

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

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are transferred to the Minister for Children and Youth Affairs.

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(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

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Section 59(3) of the International Protection Act 2015 (No. 66 of 2015)

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