Mar A Tionscnaíodh As Initiated

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Explanatory Memorandum
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AN BILLE UM INIMIRCE, CÓNAÍ AGUS COSAINT 2010

IMMIGRATION, RESIDENCE AND PROTECTION BILL 2010
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Mar a tionscnaíodh
As initiated
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ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
Section
1. Short title and commencement.
2. Interpretation.
3. Orders and regulations.
4. Expenses.
5. Repeals and revocation.
PART 2
General
6. Foreign nationals lawfully and unlawfully present.
7. Marriage itself not to create immigration advantage.
8. Persons having permission to be in the State by operation

of section.
9. Limits on entitlement of foreign nationals unlawfully present

to certain services, etc.
10. Saver for EU rights and obligations.
11. Delegation of functions of Minister to persons not officers of

the Minister.
PART 3
Visas
12. Interpretation (Part 3).
13. Obligation to possess valid visa.

[No. 38 of 2010]
14. Powers of Minister.
15. Visa-exempt foreign nationals.
16. Visa application.
17. Determination of visa application.
18. Grant of visa.
19. Refusal of visa application.
20. Revocation of visa.
21. Visa review application.
22. Determination of visa review application.
23. Transit visa.
PART 4
Entry into the State
24. Entry into State to be by way of approved ports, etc.
25. Approved ports.
26. Requirement for travel document at frontier of State.
27. Arrival at frontier of State: presentation and examination.
28. Arrival of foreign nationals under the age of 18 years.
29. Entry permission.
30. Entry permit.
31. Refusal to grant entry into the State.
32. Entry into State: health considerations.
33. Duties of carriers.
34. Fixed penalties for offences under section 33.
PART 5
Residence
35. Residence permission.
36. Register of foreign nationals.
37. Application for residence permission of different category.
38. Residence permission: factors to be considered.
39. Renewal of residence permission.
40. Non-renewal of renewable residence permission.
41. Modification of conditions of residence permission.
2
42. Application by foreign national for modification of con-
ditions of residence permission.
43. Modification of conditions of residence permission on Mini-

ster’s own initiative.
44. Residence permit.
45. Replacement of lost, etc. residence permit.
46. Long-term residence permission.
47. Renewal of long-term residence permission.
48. Non-renewal of long-term residence permission.
49. Revocation of permission.
50. Procedure for revocation of entry permission or non-renew-

able residence permission.
51. Proposal to revoke renewable residence permission or long-

term residence permission.
52. Procedure for revocation of renewable residence permission

or long-term residence permission.
53. Review application.
54. Determination of review.
55. Non-return orders.
56. Immigration officers’ powers under this Part.
57. Regulations.
PART 6
Removal from the State
58. Rule against refoulement.
59. Removal from State of foreign national unlawfully present.
60. Arrest and detention of foreign national for purpose of

removal from State.
61. Imposition of conditions upon foreign national arrested

under section 60.
62. Imposition of conditions upon foreign national unlawfully

present in the State.
63. Provisions supplementary to sections 60, 61 and 62.
64. Persons under 18 years of age.
65. Responsibilities of carriers in relation to removal of foreign

nationals from State.
66. Liability for costs of removal.
3
PART 7
Protection
Chapter 1
General
68. Restriction of Freedom of Information Acts 1997 and 2003.
69. Entitlement to protection in State.
70. Assessment of facts and circumstances.
71. Acts of persecution.
72. Factors bearing on assessment of reasons for, and fear of,

persecution.
73. Exclusion from protection.
74. Cessation of protection status.

Chapter 2
Protection applications
75. Protection application entry permission.
76. Register of protection applicants.
77. Protection application entry permit.
78. Procedures for issue of protection application entry permit

where foreign national is present at frontier.
79. Arrest and detention of protection applicants in certain cir-

cumstances.
80. Priority to be given to detained protection applicants.

Chapter 3
Protection application procedure
81. Protection application and information to be given to protec-

tion applicant about procedure.
82. Inadmissible protection applications.
83. Minister’s investigation of protection applications.
84. Burden of proof.
85. Credibility.
86. Duty to co-operate.
87. Protection of identity of protection applicants.
88. Determination and report of investigation of protection

application.
4
89. Minister’s discretion to grant residence permission in cer-
tain circumstances.
90. Withdrawal or deemed withdrawal of protection application.
91. Notification of determination of protection application at

first instance.
92. Appeal to Tribunal.
93. Oral hearings.
94. Appeal to Tribunal: provision of information.
95. Withdrawal and deemed withdrawal of appeal.
96. Decision of Tribunal on appeal.
97. Subsequent protection application.
98. Report in relation to health of protection applicant.
99. Accelerated procedure in certain cases.

Chapter 4
Protection Review Tribunal
100. Protection Review Tribunal.
101. Membership of Tribunal.
102. Functions of chairperson of Tribunal, etc.
103. Role of members of the Tribunal.
104. Registrar.
105. Functions of the Registrar.
106. Advisory Committee.
107. Access to Tribunal decisions.
108. Prioritisation.
Chapter 5
Protection declarations and permits
109. Protection declaration.
110. Protection permission and permit.
111. Revocation of protection declaration.
112. Procedure for revocation of protection declaration.
113. Programme refugees, etc.
114. Temporary protection.
115. Issue of travel documents by Minister.
5
116. Member of family of person in relation to whom protection
declaration is in force.
Chapter 6
Safe Countries
117. Safe countries of origin.
118. Safe third countries.
119. Safe third country — transfer of persons.
120. Council Regulation country — transfer of persons.
PART 8
Further Provisions
121. Prohibition of false documents, etc.
122. Exchange of information.
123. Exchange of information: further provisions.
124. Provision of biometric information.
125. Production of travel documents.
126. Requirement for travel document: embarkation from State.
127. Advance passenger information.
128. Statutory notice.
129. Registers of foreign nationals in certain premises, etc.
130. Appointment of immigration officers, etc.
131. Powers of immigration officers.
132. Exclusion orders.
133. Judicial review: special provisions.
134. Penalties and proceedings.
135. Offences by body corporate, etc.
136. Service of notices, etc.
137. Restrictions on change of name.
138. Marriage of convenience.
139. Victims of trafficking (recovery and reflection).
140. Treatment of foreign nationals regulations.
141. Regulations governing grant of permissions, etc.
142. Fees.
143. Directions.
6
144. Public security, etc.
145. Bonds, deposits and guarantees.
146. Statistical information.
147. Amendments.
PART 9
smuggling of persons
149. Facilitation of unlawful entry and presence.
150. Proceedings relating to offences committed outside State.
151. Evidence in proceedings under Part.
152. Double jeopardy.
153. Exercise of enforcement powers in respect of ships.
154. Enforcement officers and enforcement powers in respect of

ships.
155. Jurisdiction and prosecutions in relation to offences on ships.
156. Power to detain certain vehicles.
157. Forfeiture of ship, aircraft or other vehicle.
PART 10
Transitional, etc., provisions
159. Immigration matters.
160. Deportation, removal and exclusion.
161. Immigration officers.
162. Detention.
163. Protection matters.
164. Protection Review Tribunal.
165. Continuity of statutory time periods.
166. Continuity of validity of travel documents.
167. Judicial review.
168. Transitional arrangements relating to repeal of Illegal Immi-

grants (Trafficking) Act 2000.
7
SCHEDULE 1
THE CONVENTION RELATING TO THE STATUS OF
REFUGEES DONE AT GENEVA ON 28 JULY 1951
SCHEDULE 2
PROTOCOL RELATING TO THE STATUS OF REFUGEES
DONE AT NEW YORK ON 31 JANUARY 1967
SCHEDULE 3
Amendments to Enactments
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8
Acts Referred to
Aliens Act 1935 1935, No. 14

Aviation (Preclearance) Act 2009 2009, No. 16
Bail Act 1997 1997, No. 16
Child Care Acts 1991 to 2007
Civil Legal Aid Act 1995 1995, No. 32
Civil Registration Act 2004 2004, No. 3
Civil Service Regulation Acts 1956 to 2005
Criminal Justice (Legal Aid) Act 1962 1962, No. 12
Criminal Justice (Mutual Assistance) Act 2008 2008, No. 7
Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2
Criminal Justice (United Nations Convention Against
Torture) Act 2000 2000, No. 11
Criminal Justice Act 2006 2006, No. 26
Criminal Law (Human Trafficking) Act 2008 2008, No. 8
Criminal Law Act 1976 1976, No. 32
Data Protection Acts 1988 and 2003
Diplomatic and Consular Officers (Provision of Services)
Act 1993 1993, No. 33
Diplomatic Relations and Immunities Act 1967 1967, No. 8
Diplomatic Relations and Immunities Acts 1967 to 2006
Employment Equality Act 1998 1998, No. 21
Employment Permits Act 2006 2006, No. 16
Employment Permits Act 2003 2003, No. 7
Employment Permits Acts 2003 and 2006
Equal Status Act 2000 2000, No. 8
European Arrest Warrant Act 2003 2003, No. 45
European Parliament Elections Act 1997 1997, No. 2
Extradition (Amendment) Act 1994 1994, No. 6
Extradition Acts 1965 to 2001
Garda Síochána Act 2005 2005, No. 20
Health Act 1947 1947, No. 28
Health Act 1953 1953, No. 26
Health Acts 1947 to 2009
Housing (Miscellaneous Provisions) Act 1992 1992, No. 18
Housing (Miscellaneous Provisions) Act 2002 2002, No. 9
Housing Acts 1966 to 2009
Illegal Immigrants (Trafficking) Act 2000 2000, No. 29
Immigration Act 1999 1999, No. 22
International Criminal Court Act 2006 2006, No. 30
International War Crimes Tribunal Act 1998 1998, No. 40
Irish Nationality and Citizenship Act 2004 2004, No. 38
Irish Nationality and Citizenship Acts 1956 to 2004
Local Government Act 2001 2001, No. 37
Oireachtas (Allowances to Members) Act 1938 1938, No. 34
Passports Act 2008 2008, No. 4
Pilotage Order Confirmation Act 1927 1927, No. 1(P)
Police (Property) Act 1897 60 & 61 Vic., c.30
9
Prisons Act 2007 2007, No. 10
Public Service Management (Recruitment and Appointment)
Act 2004 2004, No. 33
Refugee Act 1996 1996, No. 17
Road Traffic Act 1961 1961, No. 24
Road Traffic Act 2006 2006, No. 23
Social Welfare and Pensions (No. 2) Act 2009 2009, No. 43
Social Welfare Consolidation Act 2005 2005, No. 26
Taxi Regulation Act 2003 2003, No. 25
10
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BILL
entitled
5 AN ACT TO RESTATE AND MODIFY CERTAIN ASPECTS

OF THE LAW RELATING TO THE ENTRY INTO, PRES-
ENCE IN AND REMOVAL FROM THE STATE OF CER-
TAIN FOREIGN NATIONALS AND OTHERS, INCLUD-
ING FOREIGN NATIONALS IN NEED OF PROTECTION
10 FROM THE RISK OF SERIOUS HARM OR PER-
SECUTION ELSEWHERE, WHILE HAVING REGARD
ALSO TO THE POWER OF THE EXECUTIVE IN
RELATION TO THE ABOVE MATTERS, TO GIVE
EFFECT TO COUNCIL DIRECTIVE 2001/40/EC OF 28
15 MAY 20011 ON THE MUTUAL RECOGNITION OF
DECISIONS ON THE EXPULSION OF THIRD COUNTRY
NATIONALS, TO GIVE EFFCT TO COUNCIL
DIRECTIVE 2001/55/EC OF 20 JULY 20012 ON MINIMUM
STANDARDS FOR GIVING TEMPORARY PROTECTION
20 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 THEROF, TO GIVE EFFECT TO
25 COUNCIL DIRECTIVE 2002/90/EC OF 28 NOVEMBER
20023 DEFINING THE FACILITATION OF UNAUTHOR-
ISED ENTRY, TRANSIT AND RESIDENCE, TO GIVE
EFFECT TO EU FRAMEWORK DECISION 2002/946/JHA
OF 28 NOVEMBER 20024 ON THE STRENGTHENING OF
30 THE PENAL FRAMEWORK TO PREVENT THE FACILI-
TATION OF UNAUTHORISED ENTRY, TRANSIT AND
RESIDENCE, TO GIVE EFFECT TO COUNCIL
DIRECTIVE 2004/82/EC OF 29 APRIL 20045 ON THE OBLI-
GATION OF CARRIERS TO COMMUNICATE PASSEN-
35 GER DATA, TO GIVE EFFECT TO COUNCIL
DIRECTIVE 2005/85/EC OF 1 DECEMBER 20056 ON MINI-
MUM STANDARDS ON PROCEDURES IN MEMBER
STATES FOR GRANTING AND WITHDRAWING REFU-
GEE STATUS, TO GIVE FURTHER EFFECT TO THE
1
O.J. No. L 149, 02.06.01, p 34.
2
O.J. No. L212, 07.08.2001, p. 12.
3
O.J. No. L328, 05.12.2002, p.17.
4
O.J. No. L328, 05.12.2002, p. 1.
5
O.J. No. L261, 06.08.2004, p.24.
6
O.J. No. L326, 13.12.2005, p. 13.
11
CONVENTION RELATING TO THE STATUS OF REFU-
GEES 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 AND TO GIVE EFFECT TO THE 5
PROTOCOL AGAINST THE SMUGGLING OF
MIGRANTS BY LAND, SEA AND AIR SUPPLEMENTING
THE UN CONVENTION AGAINST TRANSNATIONAL
ORGANIZED CRIME, TO AMEND THE IRISH
NATIONALITY AND CITIZENSHIP ACT 1956, TO 10
AMEND OR REPEAL CERTAIN OTHER ENACTMENTS
AND TO PROVIDE FOR RELATED MATTERS, INCLUD-
ING VICTIMS OF HUMAN TRAFFICKING.
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 15
PRELIMINARY
Short title and 1.—(1) This Act may be cited as the Immigration, Residence and
commencement. Protection Act 2010.
(2) This Act comes into operation on such day or days as the
Minister may, by order or orders, appoint either generally or with 20
reference to a particular purpose or provision and different days may
be so appointed for different purposes or different provisions.
Interpretation. 2.—In this Act—
“approved port” shall be construed in accordance with section 25;
“biometric information” means information about the distinctive 25

physical characteristics of a person including—
(a) measurements or other assessments of those character-

istics, and
(b) information about those characteristics held in automated

form, but does not include information relating to the 30
DNA profile of a person; and references to the provision
by a person of biometric information mean its provision
in a way that enables the identity of the person to be
investigated or ascertained;
“carrier”— 35
(a) in relation to a vehicle other than a ship, means the oper-

ator of the vehicle,
(b) in relation to a ship, means its master, and
(c) in a case where the responsibility for unloading a vehicle

or attending to the disembarkation of its passengers or 40
otherwise receiving it on its arrival in the State, or
attending to the embarkation of passengers on its depar-
ture from the State, has been delegated by its operator
to another person, includes both that operator and the
other person, 45
12
and, for the purposes of this definition, “operator” means any person
who owns, part-owns or charters the vehicle or who has the manage-
ment and control of the business where the vehicle is used;
“country of origin” means the country or countries of nationality or,

5 for stateless persons, of former habitual residence;
“DNA” means deoxyribonucleic acid;
“DNA profile”, in relation to a person, means information compris-

ing a set of identification characteristics of the non-coding part of
DNA derived from an examination and analysis of a sample of bio-
10 logical material that is clearly identifiable as relating to the person
and that is capable of comparison with similar information derived
from an examination and analysis of another sample of biological
material for the purpose of determining whether or not that other
sample could relate to that person;
15 “document” includes—
(a) any written matter,
(b) any photograph,
(c) any currency notes or counterfeit currency notes,
(d) any information in non-legible form that is capable of

20 being converted into legible form,
(e) any audio or video recording, and
(f) a travel document or an identity document;
“dwelling place” means, in relation to a foreign national, the place

in which the foreign national usually lives when in the State;
25 “embarking” includes departure by any form of conveyance and

departure over a land frontier;
“entry permit” shall be construed in accordance with section 30;
“entry permission” shall be construed in accordance with section

29(1)(a);
30 “European act” means—
(a) a provision of the treaties governing the European

Union, or
(b) an act or provision of an act, adopted by an institution

of the European Union, an institution of the European
35 Communities or any other body competent under those
treaties;
“exclusion period” shall be construed in accordance with section

55(1);
“foreign national” means a person who is neither—
40 (a) an Irish citizen, nor
(b) a person who has established a right to enter and be

present in the State under the European Communities
(Aliens) Regulations 1977 (S.I. No. 393 of 1977), the
13
European Communities (Right of Residence for Non-
Economically Active Persons) Regulations 1997 (S.I. No.
57 of 1997) or the European Communities (Free Move-
ment of Persons) (No. 2) Regulations 2006 (S.I. No. 656
of 2006); 5
“freedom” includes freedom from the likelihood of serious assault,

including serious assault of a sexual nature;
“Geneva Convention” means the Convention relating to the Status

of Refugees done at Geneva on 28 July 1951 (the text of which, in
the English language, is, for convenience of reference, set out in 10
Schedule 1 to this Act), and includes the Protocol relating to the
Status of Refugees done at New York on 31 January 1967 (the text
of which, in the English language, is, for convenience of reference,
set out in Schedule 2 to this Act);
“governor” has the same meaning as it has in the Prisons Act 2007; 15
“High Commissioner” means the United Nations High Com-

missioner for Refugees;
“holder” means, in relation to a document, the person to whom the

document relates and, for the purposes of this definition, “docu-
ment” means one that is valid under the law of the place of the 20
authority that issued it;
“identity document” includes a passport, visa, transit visa, national

identity card, entry permit, residence permit, driving licence, employ-
ment permit, birth certificate, marriage certificate or any other docu-
ment establishing or contributing to establishing a person’s national- 25
ity or identity issued or purporting to be issued by or on behalf of a
local or the national authority of a state, including the State, or by
an organ or agency of the United Nations;
“immigration area” means an area designated as an immigration area

by order under section 130(4); 30
“immigration area office” means a place designated as an immi-

gration area office by order under section 130(4);
“immigration officer” means an immigration officer appointed under

section 130 or a person deemed under section 161(1) be an immi-
gration officer; 35
“information” includes—
(a) information in the form of a document (or any other thing)

or in any other form, and
(b) personal information, including biometric information;
“information holder” means a Minister of the Government, the 40

Revenue Commissioners, a local authority, the Health Service
Executive, the Garda Síochána, or a body, or the holder of any
office, established—
(a) by or under any enactment other than the Companies

Acts, or 45
(b) under the Companies Acts in pursuance of powers con-

ferred by or under any other enactment,
and financed wholly or partly by means of moneys provided or loans

made or guaranteed by a Minister of the Government or the issue
14
of shares held by or on behalf of a Minister of the Government or a
subsidiary of any such body;
“legal representative” means a practising barrister or practising

solicitor;
5 “local authority” has the same meaning as it has in section 2(1) of

the Local Government Act 2001;
“long-term residence permission” shall be construed in accordance

with section 46;
“long-term residence permit” shall be construed in accordance with

10 section 46(8);
“marriage” means a marriage that is capable of being recognised in

the State as a valid marriage pursuant to the law in force at the time
that the marriage is being considered by the Minister under this Act,
other than a marriage that has been deemed or determined by the
15 Minister under section 138 to be a marriage of convenience;
“member of a crew” means any person engaged in the working or

service of an aircraft or vessel;
“member state of the EEA” means a state that is a contracting party

to the Agreement on the European Economic Area signed at Oporto
20 on 2 May 1992, as amended for the time being;
“Minister” means the Minister for Justice and Law Reform;
“non-coding part of DNA”, in relation to a person, means the chro-

mosome regions of the person’s DNA that are not known to provide
for any functional properties of the person;
25 “non-renewable residence permission” means a residence permission

that is expressed not to be renewable;
“non-return order” shall be construed in accordance with section 55;
“passenger” means any person, other than a member of a crew, trav-

elling or seeking to travel on board a vehicle;
30 “persecution” shall be construed in accordance with Part 7;
“port” includes any place, whether on a land or sea frontier, where

a person might arrive in or depart from the State and includes an
airport;
“prescribed” means prescribed by regulations made by the Minister;
35 “protection” shall be construed in accordance with section 69(1);
“protection applicant” means a person who has applied for protec-

tion in the State and whose application has not been—
(a) determined, or
(b) withdrawn or deemed to be withdrawn;
40 “protection application” means an application for protection in the

State made to the Minister, and, in sections 69(3)(b), 88(4)(f),
108(2)(i), 119 and 120, includes an equivalent application made in
another state;
“protection application entry permission” shall be construed in

45 accordance with section 75;
15
“protection declaration” shall be construed in accordance with
section 109;
“protection permission” shall be construed in accordance with

section 110;
“protection permit” shall be construed in accordance with section 5

110(7);
“refoulement” means the sending of a foreign national from the

State to a territory where—
(a) in the opinion of the Minister, the life or freedom of the

foreign national will be threatened on account of his or 10
her race, religion, nationality, membership of a particular
social group or political opinion, as these terms are con-
strued under section 72,
(b) the Minister has substantial grounds for believing that the
foreign national will face a real risk of suffering serious 15
harm, or
(c) the Minister has substantial grounds for believing that the
foreign national will be in danger of being subjected to
torture or inhuman or degrading treatment or
punishment; 20
“Registrar” means the Registrar of the Tribunal appointed under

section 104;
“relevant immigration area office”, in relation to a foreign national,

means the immigration area office for the immigration area in which
that foreign national has or will have his or her dwelling place while 25
in the State, or such other immigration area office as may be speci-
fied by the Minister;
“renewable residence permission” means a residence permission that

is expressed to be renewable;
“residence permission” shall be construed in accordance with 30

section 35(1);
“residence permit” shall be construed in accordance with section 44

and, in sections 29(5) and (6), 31(1)(p), 114(14)(e), 126(2)(b)(i)(I)
and 142(2)(d), includes a long-term residence permit;
“revenue offence” means a revenue offence within the meaning of 35

section 2 of the Criminal Justice (Mutual Assistance) Act 2008;
“safe third country” means a country designated as a safe third coun-

try by order under section 118;
“serious harm” shall be construed in accordance with section 67(1);
“serious non-political crime” includes particularly cruel actions, even 40

if committed with an allegedly political objective;
“social welfare benefits” includes any payment or services under the

Social Welfare Acts, the Health Acts 1947 to 2009 and the Housing
Acts 1966 to 2009;
“subsequent protection application” means a protection application 45

made by or on behalf of a person after a protection application entry
permission that had been granted to him or her has ceased to be
valid under section 75(4);
16
“torture” has the meaning it has in section 1 (as amended by section
186 of the Criminal Justice Act 2006) of the Criminal Justice (United
Nations Convention Against Torture) Act 2000;
“territory” includes the frontier of a territory;
5 “trafficking” means—
(a) trafficking a child for the purposes of the exploitation of

the child, or
(b) trafficking a person for the purposes of the exploitation of

that person,
10 within the meaning of the Criminal Law (Human Trafficking) Act

2008;
“transit visa” shall be construed in accordance with section 12;
“travel document” means—
(a) a passport or other document that—
15 (i) identifies the holder,
(ii) in the case of a passport, states his or her national-

ity, and
(iii) was issued by or on behalf of an authority recognised

for the purpose by the Government or, if it has been
20 renewed, was renewed by such an authority,
(b) a national identity document issued by a Member State, or
(c) a travel document issued under section 115;
“Tribunal” means the Protection Review Tribunal established by

section 100;
25 “vehicle” means any means of transport, mechanically propelled or

not, used, constructed or adapted to carry or convey persons or
goods by land, water or air;
“vessel” means a waterborne craft of any type, whether self-pro-

pelled or not, and includes an air cushion craft and any structure in
30 or on water or on water and attached to land;
“visa” shall be construed in accordance with section 12;
“visa application” shall be construed in accordance with section 16;
“visa-exempt foreign national” shall be construed in accordance with

section 12.
35 3.—(1) The Minister may make regulations in relation to any Orders and
matter referred to in this Act as prescribed or to be prescribed. regulations.
(2) Different regulations under subsection (1) may be made in

respect of different classes of matter the subject of the prescribing
concerned.
40 (3) Regulations under this Act may contain such incidental, sup-
plementary, consequential and transitional provisions as appear to
17
the Minister to be necessary or expedient for the purposes or in
consequence of, or to give full effect to, such regulations.
(4) Every regulation or order (other than an order under section

1(2) or 100(1), regulations under section 46(1)(b) or an order relating
to an individual) made under this Act shall be laid before each 5
House of the Oireachtas as soon as practicable after it is made and,
if a resolution annulling such order or regulation is passed by either
such House within the next 21 days on which that House has sat after
the order or regulation is laid before it, the order or regulation shall
be annulled accordingly but without prejudice to the validity of any- 10
thing previously done thereunder.
Expenses. 4.—The expenses incurred by the Minister in the administration

of this Act shall, to such extent as may be sanctioned by the Minister
for Finance, be paid out of moneys provided by the Oireachtas.
Repeals and 5.—(1) The following enactments are repealed: 15

revocation.
(a) the Aliens Act 1935;
(b) the Refugee Act 1996;
(c) the Immigration Act 1999;
(d) the Immigration Act 2003;
(e) the Immigration Act 2004; and 20
(f) the Illegal Immigrants (Trafficking) Act 2000.
(2) The European Communities (Eligibility for Protection) Regu-

lations 2006 (S.I. No. 518 of 2006) are revoked.
(3) The repeals and revocation given effect by this section are
subject to the provisions of Part 10. 25
PART 2
General
Foreign nationals 6.—(1) The presence in the State of a foreign national is lawful if,
lawfully and and only if, it is in accordance with permission given or deemed to
unlawfully present. be given to him or her, in accordance with this Act, to be present in 30
the State.
(2) The entry into the State of a foreign national is lawful if, and
only if, it is in accordance with permission given or deemed to be
given to him or her, in accordance with this Act, to enter the State.
(3) A foreign national who is present in or enters the State unlaw- 35

fully is guilty of an offence.
(4) A foreign national whose presence in the State is unlawful is

under an immediate and continuing obligation to leave the State.
(5) A foreign national who does not comply with the obligation
under subsection (4) may be removed from the State in accordance 40
with the provisions of this Act.
18
(6) A foreign national may be arrested, or arrested and detained,
for the purpose of securing his or her removal under subsection (5).
(7) Reasonable force may be used if necessary to secure the

removal of a foreign national under subsection (5).
5 (8) In the determination by the Minister of any question relating

to the grant of a visa to or the entry into, presence in or removal
from the State, of a foreign national, other than the question whether
the foreign national is entitled to protection in the State, the foreign
national shall not be entitled to derive any benefit from any period
10 of unlawful presence in the State.
(9) A foreign national at a frontier of the State who has been

refused permission to enter the State—
(a) may not enter the State or, if he or she has entered it, shall
leave it, and
15 (b) may be removed from the State in accordance with the

provisions of this Act.
(10) Subsections (6) to (8) apply to a removal under subsection

(9)(b) as they apply to a removal under subsection (5).
(11) If, in any proceedings of whatever nature—
20 (a) a question arises whether, for the purposes of a provision

of this Act, a person is—
(i) a foreign national,
(ii) a foreign national of a particular nationality,
(iii) a foreign national of a particular class,
25 (iv) a foreign national related to a particular person, or
(v) a foreign national of a nationality, class of nationality

or other class specified in an order or regulations
made under this Act,
and
30 (b) the resolution of that question in a particular way will fav-

our or tend to favour the lawfulness of the person’s entry
into or, as the case may be, presence in the State,
then the onus of proving the facts which may so resolve that question
shall lie on that person.
35 7.—For the avoidance of doubt, the fact that a foreign national Marriage itself not
seeking to enter into or be present or remain in the State is married, to create
immigration
or related by marriage, to a particular person does not, of itself, advantage.
create any entitlement for that foreign national to be granted a visa,
entry permission or residence permission, or have a residence per-
40 mission renewed under this Act.
19
Persons having 8.—(1) Subject to section 132, the following persons have, by vir-
permission to be in tue of this subsection, permission to be present in the State:
the State by
operation of
section. (a) a person who is entitled, in the State, to privileges and
immunities—
(i) by virtue of section 5 or 6 of the Diplomatic Relations 5

and Immunities Act 1967, or
(ii) under or by virtue of an Act of the Oireachtas or an

instrument made under such an Act;
(b) a national of the United Kingdom of Great Britain and

Northern Ireland. 10
(2) The Minister may, by order, provide that—
(a) such person, or
(b) persons within such class of persons,
as is specified in the order shall be regarded as having permission to

be present in the State. 15
Limits on 9.—(1) A foreign national present in the State whose presence in

entitlement of the State is unlawful shall not—
foreign nationals
unlawfully present
to certain services, (a) seek employment,
etc.
(b) enter the service of an employer,
(c) be in employment (including self-employment), or 20
(d) engage for gain in any business, trade or profession, in

the State.
(2) Subject to subsection (3), a foreign national present in the

State whose presence in the State is unlawful shall not be entitled to
apply for or receive any of the following benefits or services: 25
(a) a payment under the Social Welfare Consolidation Act

2005;
(b) a benefit or service provided by or on behalf of the Health

Service Executive, other than services provided under the
Civil Registration Act 2004; 30
(c) the provision of housing services by a housing authority;
(d) higher or further education or training, the provision of

which to the foreign national is financed out of public
funds;
(e) the grant of a driving licence or learner permit; 35
(f) services, including apprenticeship schemes and training

courses, that are run or provided, or the provision of
which is arranged, by An Foras Áiseanna Saothair;
(g) the grant by a statutory body of any licence or other auth-

orisation which a person is required under any enactment 40
20
to possess in order for his or her engagement in a part-
icular business, trade or profession to be lawful;
(h) any benefit or service for the time being prescribed by the
Minister after consultation with the Minister of the
5 Government responsible for or, in the opinion of the
Minister, otherwise concerned with, the provision of that
benefit or service.
(3) Subsection (2) does not apply in relation to the provision of—
(a) medical treatment or services, where such provision while

10 the foreign national is present in the State is essential,
and the foreign national does not have sufficient
resources to pay for that treatment or those services,
(b) medical or other services necessary for the protection of

public health,
15 (c) access to early childhood, primary or secondary education

to a foreign national who is under the age of 18 years,
(d) a payment under sections 201 and 202 of the Social Wel-
fare Consolidation Act 2005,
(e) free legal aid under the Criminal Justice (Legal Aid) Act
20 1962 or, in any proceedings relating to the foreign
national’s removal from the State, legal advice or legal
aid under the Civil Legal Aid Act 1995, or
(f) such other benefits or services (however described) as may

be prescribed, being benefits or services that, in the
25 opinion of the Minister—
(i) are of a humanitarian nature,
(ii) are provided for the purpose of dealing with or allevi-

ating emergencies, or
(iii) are provided by way of assistance towards the repatri-

30 ation of foreign nationals.
(4) Before prescribing any benefit or service under subsection

(3)(f), the Minister shall consult the Minister for Finance and such
other Minister of the Government as is responsible for or, in the
opinion of the Minister, otherwise concerned with, the provision of
35 the benefit or service.
(5) The provision to a foreign national of any benefit or service

(however described) referred to in subsection (3) shall not, of itself,
render his or her presence in the State lawful, nor shall it, of itself,
affect the operation of section 6.
40 (6) (a) Subsection (2) shall not be construed as conferring a right

or entitlement to apply for or receive any benefit or
service not referred to therein or prescribed thereunder.
(b) Where a foreign national applies for or seeks any benefit

or service referred to in subsection (2), the onus of
45 proving that his or her presence in the State is lawful shall
lie on that foreign national.
(7) In this section—
21
“driving licence” has the meaning assigned to it by section 22 of the
Road Traffic Act 1961;
“housing services” shall be construed in accordance with the Housing

Acts 1966 to 2009;
“housing authority” has the meaning assigned to it by section 23 (as 5

amended by section 8 of the Housing (Miscellaneous Provisions) Act
2009) of the Housing (Miscellaneous Provisions) Act 1992;
“learner permit” has the meaning assigned to it by section 35 (as

inserted by section 11 of the Road Traffic Act 2006) of the Road
Traffic Act 1961; 10
“statutory body” means—
(a) a Minister of the Government,
(b) a local authority,
(c) the Health Service Executive,
(d) the Garda Commissioner or a member of the Garda Síoch- 15

ána duly authorised by the Garda Commissioner,
(e) a company established under the Companies Acts,

financed wholly or partly by means of moneys provided,
or loans made or guaranteed, by a Minister of the
Government or the issue of shares held by or on behalf 20
of a Minister of the Government or a subsidiary of any
such body, or
(f) any other board or body established by or under statute.
Saver for EU rights 10.—(1) Nothing in this Act shall be construed as affecting any
and obligations. obligation of the State under a European act. 25
(2) Except where otherwise provided, nothing in this Act shall be

construed as affecting the operation of—
(a) the European Communities (Aliens) Regulations 1977

(S.I. No. 393 of 1977),
(b) the European Communities (Right of Residence for Non- 30

Economically Active Persons) Regulations 1997 (S.I. No.
57 of 1997), or
(c) the European Communities (Free Movement of Persons)

(No. 2) Regulations 2006 (S.I. No. 656 of 2006).
Delegation of 11.—(1) Subject to subsection (4), the Minister may, in writing, 35

functions of delegate any of his or her functions under this Act to a named person
Minister to persons or to a specified category of persons, who is or are not officers of
not officers of the
Minister. the Minister.
(2) Where the person or category of persons referred to in subsec-

tion (1) is a person or category of persons who is or are agents, 40
officers or employees of another Minister of the Government, the
Minister shall not delegate the functions concerned without first
obtaining the consent of that other Minister.
22
(3) Every function delegated under this section shall be perfor-
med subject to the general supervision and control of the Minister
and to such limitations (if any) as may be specified in the delegation
and different limitations may be specified in regard to different per-
5 sons or categories of persons.
(4) Nothing in this section shall be construed as permitting the

delegation of the Minister’s power under this Act to make orders or
regulations or to give directions.
(5) Nothing in this section shall affect the operation of any rule
10 of law under which the Minister’s functions may be performed on
his or her behalf by an officer of the Minister.
PART 3
Visas
12.—In this Part— Interpretation

(Part 3).
15 “transit visa” means a certificate granted to a foreign national by or
on behalf of the Minister stating that its holder is permitted to arrive
at a port, or at a specified port, in the State with the intention of
passing through the port in order to travel to another state;
“visa” means a certificate granted to a foreign national by or on

20 behalf of the Minister stating that its holder is permitted, for the
purpose of seeking an entry permission, to be present at a frontier
of the State—
(a) within such period,
(b) for such purpose, and
25 (c) on such or so many occasions,
as are specified in the visa;
“visa-exempt foreign national” means a foreign national or a person

who is in a class of foreign nationals who is exempt, under an order
made under section 15, from the requirement to have a visa.
30 13.—(1) A foreign national seeking to enter the State shall be in Obligation to

possession of a valid visa in respect of that entry unless he or she is possess valid visa.
a visa-exempt foreign national.
(2) A visa is valid if, and only if—
(a) it—
35 (i) is affixed to a travel document, or
(ii) complies with any regulations made by the Minister

that relate to the affixation of visas to travel
documents,
(b) it was not granted on the basis of information referred to

40 in section 17(5)(e), and
(c) it is not revoked under section 20.
23
(3) A foreign national who contravenes subsection (1) is guilty of
an offence.
Powers of Minister. 14.—(1) The Minister may prescribe such relevant information to
be included in a visa, as respects foreign nationals to whom a visa
relates, as he or she considers necessary. 5
(2) The Minister may prescribe such categories of visa as he or

she considers necessary or desirable, and may take into account, in
prescribing such categories, any relevant factors, including—
(a) nationality,
(b) age, 10
(c) purpose of entry into and presence in the State,
(d) proposed duration of that presence,
(e) number of entries into the State to be permitted,
(f) place where the visa application is to be made,
(g) method of application for the visa, 15
(h) whether the foreign nationals concerned have or pre-

viously have had permission to enter and be present in
the State,
(i) circumstances of priority or urgency attached to a visa

application. 20
(3) The Minister may attach different conditions to different cat-

egories of visas or to particular visas and, in doing so shall have
regard to the matters specified in section 141(2) and (4).
Visa-exempt foreign 15.—(1) The Minister may by order designate a foreign national
nationals. or a class or classes of foreign nationals as exempt from the require- 25
ment to have a visa.
(2) Without prejudice to the power of designation referred to in

subsection (1), factors by reference to which that power may be exer-
cised include:
(a) nationality; 30
(b) age;
(c) purpose of entry into and presence in the State;
(d) proposed duration of that presence;
(e) occupation;
(f) diplomatic status; 35
(g) immigration status (whether in the State or another state);
(h) any matters specified in subsection (2) or (4) of section 141;
24
(i) any combination of the factors referred to in paragraphs
(a) to (h).
(3) The fact that the exercise by the Minister of the power under
subsection (1) has the effect that the same foreign national may, in
5 some circumstances, be a visa-exempt foreign national and, in others,
not be, shall not invalidate the exercise of that power.
16.—(1) (a) A foreign national, other than a visa-exempt foreign Visa application.
national, who is seeking permission to enter the State
shall apply to the Minister for a visa.
10 (b) The Minister may receive and consider visa applications.
(2) A visa application shall be—
(a) in the prescribed form (if any),
(b) accompanied by such fee (if any) as may be prescribed,
(c) accompanied by such information as may be prescribed,
15 (d) accompanied by a travel document, and
(e) where subsection (3)(c) applies, accompanied by the

deposit, bond or guarantee required under that
subsection.
(3) The Minister may prescribe—
20 (a) the form in which visa applications are to be made,
(b) the manner in which the foreign national’s biometric infor-

mation is to be provided,
(c) circumstances when foreign nationals are required to—
(i) provide a deposit, or
25 (ii) enter into a bond, whether or not secured by

guarantee.
17.—(1) The Minister shall determine whether a visa is to be Determination of

granted to a visa applicant. visa application.
(2) The onus of satisfying the Minister that he or she should exer-
30 cise the powers under this Part and grant a visa to a visa applicant
shall lie on that visa applicant.
(3) The Minister may, before determining a visa application,

make or cause to be made such inquiries as he or she considers, in
his or her absolute discretion, appropriate.
35 (4) In determining a visa application, the Minister shall take into

account all information that appears to the Minister to be relevant,
whether or not provided by the applicant.
(5) The Minister shall refuse to grant a visa if he or she considers

its refusal to be justified for any reason, including that, in his or
40 her opinion—
25
(a) the application does not meet the requirements of section
16,
(b) the purpose for which entry into and presence in the State
is sought is not that stated in the application,
(c) presence in the State is sought for a specified period and 5

the applicant’s connections with his or her place of resi-
dence or country of origin are not sufficient to satisfy the
Minister that the applicant will leave the State at the end
of that period,
(d) the applicant would be unlikely to be able, while in the 10

State, to support himself or herself and any
accompanying dependants without recourse to publicly
funded benefits or services,
(e) the information provided by the applicant with or in con-

nection with the application is false, incomplete or other- 15
wise misleading,
(f) the applicant has not complied with an obligation imposed

on him or her by or under this Act to provide information
in, or in connection with, the visa application,
(g) any— 20
(i) conduct of the applicant or any member of his or her

family in connection with immigration (whether or
not to the State), or
(ii) criminal conviction of the applicant,
indicates that the applicant would be unlikely to comply 25

with a condition of permission to enter and be present in
the State,
(h) the applicant’s entry into or presence in the State would

be a risk to national security, public security, public
health or public order or be contrary to public policy 30
(“ordre public”),
(i) the circumstances surrounding the applicant’s presence in

the State would result in an inappropriate expenditure of
public funds,
(j) the applicant— 35
(i) intends to travel (whether immediately or not) to

Great Britain, Northern Ireland, the Channel Islands
or the Isle of Man, and
(ii) would not qualify for admission to that place if he or

she arrived there from a place other than the State, 40
(k) the applicant has failed to discharge a liability for costs

under section 66,
(l) any previous conduct of any person or organisation con-

nected with the applicant’s purpose for being present in
the State indicates that any requirement imposed on the 45
applicant in respect of his or her entry into or presence
in the State is unlikely to be complied with.
26
(6) In this section, “criminal conviction” means a criminal
conviction—
(a) in the State, or
(b) outside the State, where the act or omission that consti-
5 tuted the offence of which the applicant was convicted, if
done or made in the State on the date on which the visa
application is determined, would constitute an offence in
the State.
18.—(1) Where the Minister, pursuant to a visa application, Grant of visa.

10 decides to grant a visa, he or she shall, as soon as practicable—
(a) grant a visa to the applicant concerned,
(b) arrange for the issue of the visa concerned, and
(c) give notice of his or her decision to the applicant con-

cerned, which may include—
15 (i) by having the notice posted on a website that is

designed to ensure that each such notice is accessible
only to the person for whom it is intended, or
(ii) transmitting to the applicant his or her travel docu-

ment to which the visa concerned has been affixed.
20 (2) A visa granted under subsection (1)—
(a) may be of a category specified under section 14(2), and
(b) whether or not it is of such a category, may be granted

subject to such additional conditions as the Minister con-
siders appropriate, having regard to the matters specified
25 in section 141.
19.—(1) Where the Minister refuses a visa application he or she Refusal of visa
shall, as soon as practicable, give notice to the applicant concerned application.
of the refusal and the reason or reasons for it.
(2) The Minister, in giving notice under subsection (1), shall

30 inform the applicant whether a review is available under section 21
and, where it is, how it may be sought.
(3) Section 18(1)(c)(i) shall apply to the giving of a notice under

this section as it applies to the giving of a notice under that section.
20.—(1) The Minister may revoke a visa if he or she considers its Revocation of visa.
35 revocation to be justified, for any reason, including that, in his or
her opinion—
(a) the visa was granted on the basis of information (including

information about the purpose of entry into or presence
in the State) which was—
40 (i) false, incomplete or otherwise misleading, and
27
(ii) furnished with the intention of misleading the Mini-
ster in his or her determination of the visa appli-
cation concerned,
(b) the presence in the State or arrival at its frontiers of the

holder of the visa would not be conducive to national 5
security, public security, public health or public order or
would be contrary to public policy (“ordre public”),
(c) circumstances existing at the time when the visa was

granted have changed and the nature of the change is
such that, had the changed circumstances existed at that 10
time, the visa would not have been granted, or
(d) the visa was granted in error.
(2) Where the Minister revokes a visa, he or she shall take all
reasonable steps to inform the person concerned as soon as practi-
cable of that fact and the reasons for it, which may include by com- 15
plying with section 18(1)(c)(i).
Visa review 21.—(1) Subject to subsection (2), a visa applicant whose visa
application. application is refused under section 17(5) or a person who was the
holder of a visa which has been revoked under section 20(1), may
apply to the Minister for a review of the visa refusal or visa revo- 20
cation, as the case may be.
(2) The following shall not be entitled to make an application

under this section:
(a) a visa applicant whose visa application is refused, where

the reasons for the refusal consist of or include the reason 25
referred to in section 17(5)(e) and the information con-
cerned was furnished with the intention of misleading the
Minister in his or her determination of the visa
application;
(b) a person who was the holder of a visa which has been 30
revoked, where the reasons for the refusal consist of or
include that referred to in section 20(1)(a).
(3) An application under this section shall be—
(a) made by the foreign national whose visa application was

refused or whose visa was revoked, 35
(b) in the case of a visa refusal, made within 8 weeks of the

notification referred to in section 19(1),
(c) in the case of a visa revocation, made within 3 weeks of

the notification referred to in section 20(2),
(d) made in the prescribed form (if any), 40
(e) accompanied by such fee (if any) as may be prescribed,

and
(f) accompanied by a statement of the grounds upon which

the review is sought and such information and documen-
tary evidence as the foreign national proposes to use in 45
support of the application.
28
(4) An application which complies with subsection (3) shall be
reviewed by a visa review officer who—
(a) shall be a person other than the person who made the
decision to refuse or revoke the visa, as the case may
5 be, and
(b) shall—
(i) be of a grade senior to the grade of the person who

made the decision concerned, or
(ii) if it would be impracticable for the visa review officer

10 to be a person of such a grade, be of the same grade
as the grade of the person who made the decision
concerned.
(5) The visa review officer may, before determining an application

under this section, make or cause to be made such inquiries as he or
15 she considers appropriate.
(6) In determining an application under this section, the visa

review officer shall have regard to all information that appears to
the review officer to be relevant, whether or not provided by the
applicant.
20 22.—(1) A visa review officer shall, on carrying out a visa review Determination of
under section 21, either— visa review
application.
(a) confirm the visa refusal or visa revocation, or
(b) set it aside.
(2) A confirmation under subsection (1)(a) may be on the same

25 grounds as the visa refusal or visa revocation or on other grounds
(or partly on the same grounds, and partly on other grounds) and,
where it is (or is partly) on other grounds, those other grounds shall
be substituted for or added to the grounds of the visa refusal or
visa revocation.
30 (3) Where, under subsection (1)(a), the visa review officer con-
firms a visa refusal or visa revocation, the review officer shall give
notice to the visa review applicant concerned, which may include by
complying with section 18(1)(c)(i).
(4) Where, under subsection (1)(b), the review officer sets aside a
35 visa refusal or visa revocation, the review officer shall grant the visa
concerned in accordance with section 18 and arrange for the issue of
the visa concerned.
23.—(1) The Minister may by order designate a foreign national Transit visa.
or a class or classes of foreign nationals as being required to have a
40 transit visa in order to be permitted to arrive at a port, or a specified
port, in the State with the intention of passing through the port in
order to travel to another state.
(2) Without limiting the power of designation referred to in sub-

section (1), factors by reference to which that power may be exer-
45 cised include:
(a) nationality;
29
(b) age;
(c) purpose of entry into and presence in the State;
(d) proposed duration of that presence;
(e) occupation;
(f) diplomatic status; 5
(g) immigration status (whether in the State or another state);
(h) any matters specified in subsection (2) or (4) of section 141;
(i) any combination of the factors referred to in paragraphs

(a) to (h).
(3) The fact that the exercise by the Minister of the power under 10
subsection (1) has the effect that the same foreign national may, in
some circumstances, be required to have a transit visa and, in others,
not be so required, shall not invalidate the exercise of that power.
(4) A foreign national to whom an order under subsection (1)

applies shall not arrive at a port in the State unless he or she is in 15
possession of a valid transit visa in respect of that arrival.

an offence.
(6) Sections 13, 14 and 16 to 22 apply in respect of a transit visa

as they apply to a visa. 20
PART 4
Entry into the State
Entry into State to 24.—(1) A person (other than an Irish citizen) arriving from out-
be by way of side the State by air or sea shall not enter or attempt to enter the
approved ports, etc. State elsewhere than at an approved port, unless— 25
(a) the Minister has consented to such entry, with or without

conditions, which may include conditions requiring the
person to—
(i) present himself or herself to an immigration officer

on arrival in the State, and 30
(ii) provide such information to the immigration officer

as the immigration officer may require for the pur-
poses of this Act, or
(b) the person is—
(i) a person who arrives in the course of employment as 35

a member of a crew,
(ii) a person who enters or attempts to enter the State

elsewhere than at an approved port as a result of an
emergency affecting an aircraft or vessel, a medical
or other emergency, or circumstances beyond the 40
person’s control,
30
or
(iii) a national of the United Kingdom of Great Britain

and Northern Ireland who has travelled directly
from Great Britain, Northern Ireland, the Channel
5 Islands or the Isle of Man.
(2) Consent may be given in respect of one or more persons or

classes of persons.
(3) The Minister may give directions regarding the means of seek-
ing consent, and those directions may require any or all of the follow-
10 ing matters:
(a) that a person seeking consent apply for it in writing;
(b) that an application for consent include information in such

form and regarding such matters as the Minister may
specify in the directions;
15 (c) that a specified undertaking be provided;
(d) that an application for consent be accompanied by such

fee (if any) as may be prescribed;
(e) that any information or undertaking required under para-

graph (b) or (c) be provided, or any fee required under
20 paragraph (d) be paid, before the person arrives in the
State.
(4) (a) Where the Minister gives consent, he or she may, if satis-
fied on the basis of the information available to him or
her (including information that is included in the appli-
25 cation under a direction made under subsection (3)(b))
that it is appropriate to do so, waive the requirement
under section 27(1) in respect of the person who is the
subject of the consent.
(b) A person who arrives in the State in compliance with a

30 consent to which a waiver under paragraph (a) applies
shall be deemed to have complied with the requirement
under section 27(1).
(5) A person who contravenes subsection (1) is guilty of an

offence.
35 (6) A person who contravenes subsection (1) shall be regarded as

having been refused an entry permission.
25.—(1) The Minister may by order designate a place to be an Approved ports.

approved port for the purposes of this Act.
(2) The designation of a place as an approved port may be subject

40 to such conditions as are specified in the order, which may include
conditions—
(a) obliging the person having the management and control of

the approved port to provide, free of charge, such accom-
modation and other facilities as the Minister may require
45 for the purpose of the performance of functions under
this Part at the approved port, and
31
(b) obliging that person to maintain that accommodation and
those other facilities in a manner that is compatible with
the efficient performance of those functions.
(3) Before deciding to impose a condition under subsection (2),

the Minister shall consult the person referred to in that subsection. 5
(4) A person is guilty of an offence if the person operates a port

or other place that is not an approved port and—
(a) represents it to be an approved port,
(b) knowingly facilitates the entry into the State of another

person at that port or other place so that the other person 10
thereby commits an offence under section 24(5), or
(c) knowing that another person has committed an offence

under that section at that port or other place, fails to
report the circumstances to an immigration officer.
Requirement for 26.—(1) A person (other than a national of the United Kingdom 15
travel document at of Great Britain and Northern Ireland who has travelled directly
frontier of State.
from Great Britain, Northern Ireland, the Channel Islands or the Isle
of Man or an Irish citizen) arriving or attempting to arrive from
outside the State or entering or attempting to enter the State shall
be in possession of a valid travel document. 20
(2) A person (including an Irish citizen) arriving or attempting to

arrive from outside the State or entering or attempting to enter the
State shall—
(a) comply with such reasonable instructions as an immi-

gration officer may give for those purposes, and 25
(b) furnish to an immigration officer such information in such

manner as the immigration officer may reasonably
require for the purposes of the performance of his or her
functions, and where the immigration officer requires a
person other than a foreign national to provide bio- 30
metric information—
(i) the biometric information need only be furnished to

the extent necessary to enable the immigration
officer to compare it with any biometric information
in a travel document furnished by the person, to 35
establish that that travel document relates to him or
her and to establish the validity of that travel docu-
ment, and
(ii) the biometric information is not otherwise authorised

to be retained, stored or compared to any other bio- 40
metric information.
(3) A person who contravenes this section is guilty of an offence.
(4) For the purposes of this Part, a person coming from outside
the State who arrives at any place in the State shall be deemed to
have arrived at a frontier of the State. 45
Arrival at frontier 27.—(1) A person (other than a person to whom a waiver has
of State: been granted under section 24(4), a national of the United Kingdom
presentation and
examination.
32
of Great Britain and Northern Ireland who has travelled directly
from Great Britain, Northern Ireland, the Channel Islands or the Isle
of Man or an Irish citizen), on arrival at a frontier of the State, shall
as soon as practicable—
5 (a) present himself or herself—
(i) on arriving at an approved port, to an immigration

officer at that port,
(ii) on arriving elsewhere in compliance with a consent

under section 24, in such manner as may be specified
10 in that consent, and
(iii) in any other circumstances, as soon as practicable to

an immigration officer at his or her relevant immi-
gration area office,
and
15 (b) apply for an entry permission, unless the person is a person

who has established a right to enter and be present in the
State under the European Communities (Aliens) Regu-
lations 1977 (S.I. No. 393 of 1977), the European Com-
munities (Right of Residence for Non-Economically
20 Active Persons) Regulations 1997 (S.I. No. 57 of 1997) or
the European Communities (Free Movement of Persons)
(No. 2) Regulations 2006 (S.I. No. 656 of 2006).
(2) A person shall be deemed to have presented himself or herself

to an officer referred to in subsection (1) if he or she—
25 (a) presents himself or herself in the prescribed manner, or
(b) does all of the following things:
(i) reports in person to the officer;
(ii) produces to that officer a travel document;
(iii) provides to that officer such information as the officer

30 reasonably requires for the purposes of carrying out
his or her functions.
(3) Subject to subsection (5)(a), an immigration officer may exer-

cise the power to examine a person (other than an Irish citizen) arriv-
ing at a frontier of the State, whether or not the person has presented
35 himself or herself or is deemed to have presented himself or herself
to the officer, for the purpose of determining whether the person
should be granted an entry permission.
(4) Without prejudice to the generality of subsection (3), but sub-

ject to subsection (5), the immigration officer may—
40 (a) require the person to state whether he or she has with him
or her any documents or articles which are relevant to
the carrying out of functions under this Part, and if so, to
produce any such documents or articles to the officer,
(b) search the person and anything he or she has with him or
45 her for any such documents or articles,
33
(c) examine any such documents or articles, and make and
retain copies of the documents for the purposes of later
examination,
(d) subject to subsection (5)(b), require the person to provide

biometric information for examination and comparison 5
at that time or for retention for later examination and
comparison or both,
(e) require the person to undergo a medical examination by a

registered medical practitioner, carried out having regard
to any relevant International Health Regulations for the 10
time being adopted by the World Health Assembly of the
World Health Organisation, where the officer has reason-
able cause to believe that the person has—
(i) a disease or condition subject to the International

Health Regulations for the time being adopted by 15
the World Health Assembly of the World Health
Organisation, or
(ii) another infectious or contagious parasitic disease in

respect of which special provisions are in operation
to prevent the spread of such diseases from abroad, 20
(f) photograph, or cause to be photographed, the person and

retain any photograph taken, and
(g) do any other thing reasonably required to establish any

matters relevant to the determination, including
establishing— 25
(i) the identity, nationality and country of origin of the

person,
(ii) the means of transport and route by which the person

travelled to the State,
(iii) matters relevant to the person’s application to enter 30

and be present in the State,
(iv) the purpose of the person’s entry into and presence

in the State,
(v) the intended duration of that presence,
(vi) the person’s intended dwelling place in the State, 35
(vii) any personal relationship between the person and any

other person in the State,
(viii) any personal relationship between the person and any

other person who has travelled, or ostensibly trav-
elled, to the State with him or her or who sub- 40
sequently intends to join him or her in the State,
(ix) the person’s income, earning capacity and other finan-

cial or economic resources,
(x) the financial needs and responsibilities which the per-

son has, will have or is likely to have, 45
34
(xi) whether the person is likely to comply with any pro-
posed conditions of permission to enter or be present
in the State,
(xii) the results of any examination carried out under para-

5 graph (e), or
(xiii) any entitlements the person has to enter the State—
(I) under any European act,
(II) as a national of a member state of the EEA or of

the Swiss Confederation, or
10 (III) as a dependent relative of such a national.
(5) (a) The powers referred to in subsection (4) may—
(i) in relation to a person who is a national of the United

Kingdom and Northern Ireland who has travelled
directly from Great Britain, Northern Ireland, the
15 Channel Islands or the Isle of Man, be exercised only
to the extent necessary to ascertain that the person
is such a national and has so travelled, and
(ii) in relation to a person who has established or who is

claiming a right to enter and be present in the State
20 under any of the Regulations referred to in subsec-
tion (1)(b), be exercised only to the extent necessary
to ascertain that the person is such a person.
(b) A requirement under subsection (4)(d) imposed on a per-

son to whom paragraph (a) applies—
25 (i) requires the person to furnish that information only

to the extent necessary for ascertaining that he or
she is a person to whom paragraph (a) applies, and
(ii) does not otherwise authorise the retention, storage or

comparison of that information.
30 (6) Where, in the course of an examination under this section, a

foreign national indicates that he or she—
(a) wishes to make a protection application in the State,
(b) is seeking the protection of the State against persecution

or serious harm,
35 (c) is requesting not to be returned or removed to a particular

country for fear of persecution or serious harm, or
(d) is otherwise unwilling to leave the State for fear of per-

secution or serious harm,
the immigration officer shall—
40 (i) subject to sections 29(4) and 81(2), grant that foreign

national a protection application entry permission,
(ii) inform that foreign national, in a language that he or she

may reasonably be supposed to understand, of the pro-
cedures for making a protection application and that he
35
or she is entitled to consult a solicitor and the High Com-
missioner,
(iii) conduct the remainder of the examination with the assist-

ance of an interpreter who is able to ensure appropriate
communication between the person being interviewed 5
and the interviewer, which requirement shall be regarded
as complied with if interpretation is provided in a langu-
age that the person being interviewed may reasonably be
supposed to understand and in which he or she is able
to communicate, 10
(iv) keep a record of the examination, and
(v) furnish a copy of the record to the foreign national and to

the Minister.
(7) The provisions of subsections (2) to (4) shall apply to a foreign

national who, under subsection (6), is granted a protection appli- 15
cation entry permission.

offence.
Arrival of foreign 28.—(1) Where (whether or not in the performance of his or her
nationals under the functions under section 27) it appears to an immigration officer that 20
age of 18 years. a foreign national under the age of 18 years who has arrived at a
frontier of the State is not accompanied, or is not to be accompanied,
by an adult who is taking responsibility for the care and protection
of the foreign national, the officer shall, as soon as practicable, notify
the Health Service Executive of that fact. 25
(2) (a) Where (whether or not in the performance of his or her

functions under section 27) it appears to an immigration
officer that a foreign national under the age of 18 years
who has arrived at a frontier of the State is accompanied
or to be accompanied by an adult, the officer shall require 30
that adult to satisfy him or her that the adult is taking
responsibility for the care and protection of the foreign
national.
(b) For the purposes of paragraph (a), an immigration officer

may make such inquiries of or about the foreign national, 35
and the adult, as the immigration officer considers neces-
sary in order to satisfy himself or herself that the adult is
taking the responsibility referred to in paragraph (a) and
is authorised to do so.
(c) Where the officer (whether or not having made appro- 40

priate enquiries under paragraph (b)) is not satisfied
either that the adult is taking responsibility for the
foreign national or that the adult is authorised to do so,
he or she shall so inform the Health Service Executive.
(3) Subsections (1) and (2) apply also in relation to a foreign 45

national under the age of 18 years who is found in the State but in
respect of whom the Health Service Executive was not notified under
those subsections.
(4) It shall be presumed that a foreign national in respect of whom

the Health Service Executive has been notified under this section is 50
a child in need of care and protection, and the Child Care Acts 1991
36
to 2007 and other enactments relating to the care and welfare of
persons under the age of 18 years shall apply accordingly.
(5) Subsection (4) is without prejudice to the application to any

particular foreign national under the age of 18 years of any enact-
5 ment other than those mentioned in that subsection.
(6) (a) Where it appears to an immigration officer that a foreign

national to whom this section applies is seeking protec-
tion in the State, the officer shall, as soon as practicable,
notify the Health Service Executive of that fact.
10 (b) Where it appears to the Health Service Executive, on the

basis of information available to it, that a protection
application should be made on behalf of a foreign
national in respect of whom it has been notified under
this section, subsections (8), (9) and (10) of section 81
15 shall apply.
(7) If and for so long as it appears to an immigration officer that

a foreign national is 18 years of age or over, the provisions of this
Part shall apply to the foreign national as if he or she were 18 years
of age or over.
20 29.—(1) An immigration officer, subject to section 31 and in Entry permission.

accordance with this Act, any regulations made under it and any
directions the Minister may give under section 143, may, on behalf
of the Minister—
(a) grant to a foreign national permission to enter and be

25 present in the State, whether or not subject to con-
ditions, or
(b) refuse to grant to a foreign national permission to enter

and be present in the State.
(2) In exercising the power under subsection (1) or (3), the immi-
30 gration officer shall have regard to all the circumstances relating to
the foreign national concerned, including—
(a) those ascertained under section 27, and
(b) any relevant information supplied by the Minister or any

other information holder.
35 (3) A foreign national to whom section 27(6) applies and who

applies for permission to enter the State shall not be refused such
permission unless the foreign national concerned is subject to an
exclusion order under section 132 and has not been given the consent
referred to in subsection (4).
40 (4) A person who is subject to an exclusion order under section

132 is not entitled to make a protection application without the con-
sent of the Minister.
(5) Where an immigration officer, under subsection (1), grants an

entry permission to a foreign national who is not the holder of a
45 valid residence permit, the officer shall issue an entry permit to the
foreign national.
(6) Where an immigration officer, under subsection (1), grants an

entry permission to a foreign national who is the holder of a valid
37
residence permit, the officer shall record the fact and date of the
entry permission in the foreign national’s travel document.
(7) The grant of an entry permission to a person shall not, of

itself, entitle the person to the grant of a residence permission.
(8) Where a person to whom an entry permission is granted is 5

entitled, under that permission, to apply under section 35 for a resi-
dence permission, then, unless that person has so applied by the date
of expiration of that entry permission—
(a) he or she shall be ineligible to so apply, and
(b) his or her permission to be present in the State expires. 10
(9) Subject to section 32(3)(c), an entry permission shall be valid

for a period that does not exceed 90 days.
Entry permit. 30.—(1) An entry permit issued under section 29(5)—
(a) is evidence that the holder has been granted an entry per-
mission that is valid for the period specified in the permit, 15
(b) shall be endorsed on the holder’s travel document,
(c) where the permission concerned entitles the holder to

apply for a residence permission under section 35, shall
state that fact, and
(d) shall contain such other information and be in such form 20

as may be prescribed.
(2) Where an entry permission is subject to conditions, the con-

ditions shall be mentioned in the entry permit.
Refusal to grant 31.—(1) An immigration officer, in accordance with this Act, any
entry into the State. regulations made under it and any directions the Minister may give 25
under section 143, may, on behalf of the Minister, exercise the power
referred to in section 29(1)(b) to refuse to permit a foreign national
to enter the State where the officer is satisfied—
(a) that the foreign national would be unlikely to be able,

while in the State, to support himself or herself and any 30
accompanying dependants without recourse to publicly
funded benefits or services,
(b) that the foreign national’s and any accompanying depend-

ants’ presence in the State would result in an inap-
propriate expenditure of public funds, 35
(c) that he or she intends to take up employment in the State,

but is neither in possession of a valid employment permit
within the meaning of the Employment Permits Acts
2003 and 2006 nor exempt from the requirement, under
those Acts, to possess such a permit, 40
(d) subject to section 32, that he or she suffers from a disease

or condition referred to in paragraph (e) of section 27(4)
or has refused to undergo a medical examination
required under that paragraph,
38
(e) that he or she has failed to co-operate in an examination
conducted under section 27,
(f) that he or she has been convicted—
(i) in the State, of an offence punishable by imprison-

5 ment for a period of 12 months or by a more severe
penalty, or
(ii) outside the State, where the act or omission that con-
stituted the offence of which the applicant was con-
victed, if committed in the State at the date of the
10 immigration officer’s decision, would constitute an
offence punishable under the laws of the State by
imprisonment for a period of 12 months or by a more
severe penalty,
(g) that he or she neither has a visa nor is a visa-exempt

15 foreign national,
(h) that he or she is the subject of—
(i) a non-return order under section 55,
(ii) a removal order or an exclusion order under the

European Communities (Free Movement of
20 Persons) (No. 2) Regulations 2006,
(iii) a removal from the State under section 59, the period
referred to in subsection (8) of that section not hav-
ing expired,
(iv) an exclusion order under section 132,
25 (v) an expulsion decision within the meaning of Council

Directive 2001/40/EC of 28 May 20017 on the mutual
recognition of decisions on the expulsion of third
country nationals, which stands for the time being
in force,
30 (vi) an entry ban within the meaning of Council Directive

2008/115/EC of the European Parliament and of the
Council of 16 December 2008 on common standards
and procedures in Member States for returning
illegally staying third-country nationals8,
35 (vii) any order or determination made by the Minister

under any enactment, or under any other power of
the Minister, relating to the entry into, or presence
or residence in, the State, which requires the foreign
national to leave the State or which prohibits the
40 foreign national’s entry into or presence in the
State, or
(viii) a determination under section 119 or 120 that the

applicant should be transferred,
(i) that he or she is not in possession of a valid travel

45 document,
(j) that he or she—

7
O.J. No. L 149, 02.06.2001, p. 34
8
O.J. No. L 348, 24.12.2008, p. 98
39
(i) intends to travel (whether immediately or not) to
Great Britain, Northern Ireland, the Channel Islands
or the Isle of Man, and
(ii) would not qualify for admission to that place if he or

she arrived there from a place other than the State, 5
(k) that he or she, having arrived in the State in the course of

employment as a member of a crew, has remained in the
State without the permission of an immigration officer
after the departure of the aircraft or vessel in which he
or she arrived, 10
(l) that his or her entry into or presence in the State would
be a risk to national security, public security or public
order or be contrary to public policy (“ordre public”),
(m) that there is reason to believe that the purpose for which
entry into and presence in the State is sought is not that 15
which he or she has stated,
(n) that he or she has failed to discharge a liability for costs

under section 66,
(o) that any previous conduct of any person or organisation

connected with the foreign national’s purpose for being 20
present in the State indicates that any requirement
imposed on the foreign national in respect of his or her
entry into and presence in the State is unlikely to be com-
plied with,
(p) that he or she is in possession of a fraudulently obtained 25

entry permit or residence permit, or
(q) that, subject to section 27(6), any documentation provided

by the applicant is—
(i) false, incomplete or otherwise misleading, and
(ii) furnished with the intention of misleading an immi- 30

gration officer in the exercise of his or her power
under section 27.
(2) An immigration officer who, under subsection (1), refuses to

permit a foreign national to enter the State shall as soon as practi-
cable inform the foreign national in writing of the grounds for the 35
refusal.
Entry into State: 32.—(1) A foreign national who after being examined under
health section 27 would be refused an entry permission shall nevertheless
considerations. be permitted to enter the State if, following a medical examination
under section 27(4)(e), or the refusal of the foreign national to 40
undergo such an examination, an order is made in respect of that
foreign national under section 38 (as amended by section 35 of the
Health Act 1953) of the Health Act 1947.
(2) An entry permission granted under subsection (1) shall be for

the purposes of the operation of section 38 of the Health Act 1947 45
and for no other purpose, and a period of presence in the State on
the basis of such entry permission shall not be reckonable as a period
of residence in the State for any purpose.
40
(3) (a) A person permitted to enter the State under subsection (1)
shall be deemed to be lawfully present in the State for
the purposes of the operation of section 38 of the Health
Act 1947 and for no other purpose.
5 (b) Notwithstanding paragraph (a), section 9 shall apply to a

person permitted to enter the State under subsection (1)
as if his or her presence in the State was unlawful.
(c) The period of deemed lawful presence referred to in para-

graph (a) shall, notwithstanding section 29(9), expire in
10 accordance with subsection (4).
(4) On the giving of a certificate under section 38(1) of the Health

Act 1947 stating that the foreign national is no longer a probable
source of infection, or on the termination otherwise of a period of
detention under that section, the foreign national—
15 (a) is unlawfully present in the State, and
(b) shall be treated as a person to whom an entry permission

has been refused under section 29(1)(b).
(5) A person to whom an entry permission is given under subsec-

tion (1) shall be given a notice in writing stating the grounds on which
20 entry permission would otherwise have been refused and the effect
of subsections (2) to (4).
33.—(1) Where a vehicle arrives at a frontier of the State from a Duties of carriers.
place other than Great Britain, Northern Ireland, the Channel
Islands or the Isle of Man, the carrier shall ensure—
25 (a) that all persons other than Irish citizens on board the
vehicle who are seeking to enter the State or to pass
through a port in the State in order to travel to another
state—
(i) do so at an approved port, or elsewhere in compliance

30 with a consent under section 24, and
(ii) disembark there in compliance with any directions

given by an immigration officer,
(b) that all persons on board the vehicle who are seeking to
enter the State present themselves to an immigration
35 officer, for the purposes of sections 26 to 28, in a manner
specified by that or any other immigration officer, and
(c) that each person (other than an Irish citizen) on board the
vehicle who is seeking to enter the State or to pass
through a port in the State in order to travel to another
40 state has with him or her a valid travel document and, if
required by law, a visa or, as the case may be, a transit
visa.
(2) A carrier who contravenes subsection (1) is guilty of an

offence and, where a contravention relates to more than one person
45 on board the vehicle, the contravention constitutes, as respects each
person, a separate offence.
41
(3) Subject to subsection (4), where a vehicle arrives in the State
from a place outside the State, the carrier shall, if so required by an
immigration officer—
(a) provide him or her with a list specifying the name and
nationality of each person carried on board the vehicle 5
and in such form, and containing such other information
relating to the identity of the person, as may be
prescribed,
(b) provide him or her with details of the members of the crew
of the vehicle, 10
(c) provide him or her with copies of such documents, includ-

ing travel documents relating to any person carried on
board the vehicle, as may be prescribed,
(d) provide him or her with such other information as may

be prescribed, 15
(e) detain on board any foreign national coming in the vehicle

from a place outside the State until the foreign national
is examined by an immigration officer, and
(f) detain on board any foreign national referred to in para-

graph (e) whose application for an entry permission has 20
been refused by an immigration officer.
(4) If so required by an immigration officer, the carrier shall

provide the list, details, copies and information specified in subsec-
tion (3)(a) to (d) before the departure of the vehicle from the last
place it was before arriving in the State. 25
(5) A person who contravenes subsection (3) or (4) is guilty of

an offence.
(6) It is a defence for a person charged with an offence under a

provision of this section to show that he or she took all reasonable
steps open to him or her to ensure compliance with the provision. 30
(7) It is a defence for a person charged with an offence consisting

of a contravention of subsection (1)(c) to show—
(a) that the person referred to in subsection (1)(c) had with

him or her the travel document, visa or transit visa before
embarking on the vehicle, or 35
(b) that the person charged with the offence did not know and
had no reasonable grounds for suspecting that the travel
document, visa or transit visa was invalid.
(8) A person guilty of an offence under this section is liable on

summary conviction to a fine of €3,000. 40
(9) In a prosecution for an offence under this section, it shall be

presumed, until the contrary is shown by the accused person, that a
payment under a notice under section 34 has not been made.
(10) The Minister may from time to time draw up and publish
guidelines concerning steps to be taken by carriers to ensure com- 45
pliance by them with this section.
42
(11) A person detained under subsection (3)(e) or (f) is in lawful
custody.
34.—(1) Where an immigration officer has reasonable grounds for Fixed penalties for
believing that an offence under section 33 is being or has been com- offences under
5 mitted by a person, he or she shall serve, or cause to be served, section 33.
personally or by post, on the person a notice in the prescribed form
stating—
(a) that the person is alleged to have committed the offence,
(b) that the person may, during the period of 28 days begin-
10 ning on the date of the notice, make to a member of
the Garda Síochána or an authorised person at a Garda
Síochána station or at another place specified in the
notice a payment of €1,500 accompanied by the notice,
(c) that a prosecution in respect of the alleged offence will not

15 be instituted during the period specified in the notice and,
if the payment specified in the notice is made during that
period, no prosecution in respect of the alleged offence
will be instituted.
(2) Where a notice is served under subsection (1)—
20 (a) a person to whom the notice applies may, during the

period specified in the notice, make to a member of the
Garda Síochána or an authorised person at a Garda
Síochána station or at another place specified in the
notice the payment specified in the notice, accompanied
25 by the notice,
(b) the member or the authorised person may receive the pay-
ment and issue a receipt for it and the money so received
shall be paid into or disposed of for the benefit of the
Exchequer in such manner as the Minister for Finance
30 directs and no payment so received shall in any circum-
stances be recoverable by the person who made it,
(c) a prosecution in respect of the alleged offence shall not be

instituted in the period specified in the notice, and, if the
payment specified in the notice is made during that
35 period, no prosecution in respect of the alleged offence
shall be instituted.
(3) In this section, “authorised person” means a person appointed

by the Minister to be an authorised person for the purposes of this
section.
40 PART 5
Residence
35.—(1) The holder of an entry permission which entitles him or Residence

her to do so may apply to the Minister for permission to reside in permission.
the State.
45 (2) Subject to subsection (9), a foreign national who is not a per-

son referred to in subsection (1) shall not be entitled to apply for a
residence permission.
43
(3) An application for a residence permission shall be—
(a) subject to subsection (9) and any regulations made under

section 57(b), made by the applicant in person at his or
her relevant immigration area office, and
(b) accompanied by— 5
(i) the applicant’s travel document,
(ii) such fee (if any) as may be prescribed,
(iii) satisfactory evidence that the applicant continues to

fulfil the conditions of his or her entry permission,
(iv) details of the reasons why a residence permission is 10

being sought and the duration of the permission
being sought, and
(v) such further information as may be prescribed.
(4) The Minister, in making a determination of an application for

a residence permission, may require the applicant to provide such 15
further information as may be required to—
(a) assist the Minister in his or her consideration of the

matters referred to in section 38, or
(b) maintain the accuracy of the Register of Foreign

Nationals. 20
(5) Subject to subsection (6), the Minister may grant residence

permissions—
(a) of such different categories,
(b) by reference to such different circumstances,
(c) by reference to such different classes of foreign national, 25

and
(d) subject to such conditions, including conditions as to the

duration of the residence permission and whether it may
be renewed.
as the Minister considers appropriate. 30
(6) The Minister shall exercise his or her power under subsection
(5)—
(a) where regulations relevant to the category of residence

permission the Minister wishes to grant have been made
under section 141, subject to those regulations, and 35
(b) in any other case, having regard to the matters specified

in subsections (2) to (4) of section 141.
(7) A residence permission is subject to the provisions of this Act

and regulations made under it.
(8) A residence permission shall not, unless otherwise specified, 40

entitle the holder—
44
(a) to enter (or re-enter) the State, or
(b) to present himself or herself at a frontier of the State and

seek permission to enter it.
(9) Notwithstanding subsection (2), where a foreign national is a

5 child born in the State and is present in the State, an application for
a residence permission may be made on his or her behalf not later
than 3 months after his or her birth.
36.—(1) The Minister shall cause to be established and main- Register of foreign
tained a register of foreign nationals to whom residence permissions, nationals.
10 long-term residence permissions or protection permissions have been
granted, which register shall be known as the Register of Foreign
Nationals.
(2) The Register of Foreign Nationals shall contain, in respect of

each foreign national registered in it, the following information:
15 (a) the foreign national’s name in which his or her permission

was granted;
(b) the foreign national’s sex;
(c) a registration number for him or her;
(d) his or her nationality, how and when it was acquired and
20 any previous nationality;
(e) his or her date and place of birth;
(f) his or her profession or occupation and where it is

carried on;
(g) his or her date, place and mode of arrival in the State;
25 (h) the address of his or her dwelling place;
(i) the address of his or her dwelling place outside the State
immediately prior to his or her arrival in the State;
(j) a photograph sufficient to identify him or her;
(k) particulars of his or her travel document;
30 (l) the details referred to in paragraphs (a) to (j) as they relate

to any of his or her dependants, whether or not such
dependants are resident in the State;
(m) biometric information relating to the foreign national

sufficient to identify him or her.
35 (3) A foreign national present in the State shall provide the Mini-
ster or an immigration officer with such information as the Minister
or, as the case may be, that officer, considers necessary to enable the
creation of an accurate entry relating to the foreign national in the
Register of Foreign Nationals or, as the case may be, to maintain the
40 accuracy of that Register—
(a) on being so required by the Minister or the immigration

officer, or
45
(b) whenever a matter arises or event occurs which affects or
might affect the accuracy of that Register relating to the
foreign national.

an offence. 5
(5) Without prejudice to sections 122 and 123, access to the infor-
mation contained in the Register of Foreign Nationals shall be con-
fined to—
(a) an officer of the Minister,
(b) an immigration officer, and 10
(c) a member of the Garda Síochána,
who requires that information for any purpose under this Act.
Application for 37.—(1) The holder of a residence permission of a particular cate-

residence gory which entitles him or her to do so, or who is eligible to do so
permission of under regulations made under section 141, may apply to the Minister 15
different category.
for a residence permission of a different category.
(2) An application under subsection (1) shall be—
(a) subject to any regulations made under section 57(b), made

by the applicant in person at his or her relevant immi-
gration area office, and 20
(b) accompanied by—
(i) the most recently issued and still valid residence per-
mit held by the applicant,
(ii) the applicant’s travel document,
(iii) such fee (if any) as may be prescribed, 25
(iv) satisfactory evidence that the applicant continues to

fulfil the conditions of his or her residence
permission,
(v) details of the reasons why a residence permission of a

different category is being sought and the duration 30
of the permission being sought, and
(vi) such further information as may be prescribed.
(3) Section 35(4) to (8) shall apply to an application under subsec-

tion (1) as they apply to an application for a residence permission
under that section. 35
Residence 38.—When determining an application for the grant or renewal of

permission: factors a residence permission or for the renewal of a long-term residence
to be considered. permission under section 47, or deciding whether to modify under
section 41 the conditions of a residence permission, the Minister shall
have regard to all information that appears to the Minister to be 40
relevant, whether or not provided by the foreign national concerned,
and, in particular, but without prejudice to the generality of the fore-
going, to information regarding the following matters:
46
(a) the stated purpose of the proposed entry into or presence
in the State;
(b) the intended duration of the stay in the State;
(c) any personal relationships that the foreign national has

5 with persons in the State and the nationality and immi-
gration status of such persons;
(d) the foreign national’s income, earning capacity and other

financial resources;
(e) the financial needs, obligations and responsibilities which

10 the foreign national has or is likely to have in the foresee-
able future;
(f) whether in the opinion of the Minister the foreign national

is likely to comply with any proposed conditions, includ-
ing conditions as to duration of stay and engagement in
15 employment or any business, trade or profession in the
State;
(g) any entitlements of the foreign national to be present in

the State as a national of a member state of the EEA or
of the Swiss Confederation, or as a dependant of such
20 a national;
(h) any conduct of the foreign national or any member of his

or her family in connection with immigration (whether or
not to the State);
(i) any criminal convictions of the foreign national—
25 (i) in the State, or
stituted the offence of which the foreign national was
convicted, if done or made in the State on the date
on which the application is determined or decision
30 to modify the conditions is made, would constitute
an offence in the State;
(j) whether in the opinion of the Minister the foreign

national’s presence in the State would be a risk to
national security, public security, public health, or public
35 order or would be contrary to public policy (“ordre
public”);
(k) any matters specified in regulations made under section

141;
(l) any previous conduct of any person or organisation con-

40 nected with the foreign national’s purpose for being
present in the State that in the opinion of the Minister
indicates that any requirement imposed on the foreign
national in respect of his or her entry into or presence in
the State is unlikely to be complied with.
45 39.—(1) A foreign national to whom a residence permission, Renewal of

other than a residence permission that is expressed to be non-renew- residence
able or that is to be treated, under subsection (4), as non-renewable, permission.
has been granted shall be entitled to apply for its renewal.
47
(2) An application for the renewal of a residence permission
shall be—
(a) subject to subsections (3) and (4) and any regulations made
under section 57(b), made by the applicant, not later than
21 days before the permission expires, in person at his or 5
her relevant immigration area office, and
(b) accompanied by—
(i) the most recently issued residence permit held by the

applicant (whether or not it has expired),
(ii) the applicant’s travel document, 10
(iii) such fee (if any) as may be prescribed,
(iv) satisfactory evidence that the applicant continues to

satisfy the stated purpose of his or her residence in
the State and any conditions of the most recently
granted residence permission granted to him or her, 15
(v) details of the reasons why a renewal is being sought

and the duration of the permission being sought, and
(vi) such further information as may be prescribed.
(3) The Minister is not obliged to consider an application to

renew a residence permission that is not made within the time 20
required by subsection (2)(a) but, in deciding whether to consider
such an application, shall have regard to any reason given or known
to him or her as to why the application was not made in time.
(4) An application to renew a residence permission which is not

made within 3 months of the end of the duration of the residence 25
permission shall be treated as non-renewable for the purposes of
subsection (1), but the Minister may consider the application where
he or she is satisfied that the failure to submit the application within
that 3 month period was attributable to—
(a) a genuine error, oversight or misunderstanding on the part 30

of the foreign national concerned, or
(b) exceptional circumstances by virtue of which, through no

fault of that foreign national, his or her application could
not have been made within that period.
(5) The Minister, in making a determination of an application 35

under subsection (1), may require the applicant to provide such
further information as may be required to—
(a) assist the Minister to consider the matters referred to in

subsection (6)(b) and section 38, or
(b) maintain the accuracy of the Register of Foreign 40

Nationals.
(6) The Minister shall, subject to section 40, renew a residence

permission where he or she is satisfied—
(a) that the application complies with subsection (2), and
48
(b) that the applicant continues to satisfy the purpose and con-
ditions referred to in subsection (2)(b)(iv).
40.—(1) The Minister, on an application under section 39, may Non-renewal of

refuse to renew a renewable residence permission if satisfied that— renewable residence
permission.
5 (a) the applicant does not continue to satisfy the stated pur-
pose of his or her residence in the State and any con-
ditions of the most recently granted residence permission
granted to him or her,
(b) any of the grounds for the revocation of that permission

10 referred to in section 49 apply, or
(c) the circumstances existing at the time the permission was

granted have changed and the nature of the change is
such that, had the changed circumstances existed at that
time, the permission would not have been granted.
15 (2) Where the Minister, under subsection (1), refuses to renew a

renewable residence permission, he or she shall notify in writing the
foreign national concerned, in a language that he or she may reason-
ably be supposed to understand, of the refusal.
(3) A notification under subsection (2) shall include—
20 (a) a statement of the reasons for the refusal,
(b) if it is proposed to make a non-return order under section

55 in conjunction with the refusal, a statement of—
(i) that proposal and of the reasons for it, and
(ii) the proposed exclusion period,
25 (c) where subsection (5) applies, a statement to that effect,
(d) a statement that the foreign national may, within 5 work-

ing days of the notification being received by, or (if
earlier) deemed under section 136 to have been duly
given to, him or her, make a review application under
30 section 53, which may include representations in relation
to the proposal to make a non-return order or the pro-
posed exclusion period, if applicable,
(e) a statement that, if the foreign national does not make a

review application within the period specified in para-
35 graph (d), then he or she is obliged to leave the State
from the date specified in the notification or shall be
unlawfully present in the State and may be removed from
the State in accordance with the provisions of this Act,
and
40 (f) a statement of the effect of sections 6 and 66.
(4) A refusal shall, subject to subsection (5), take effect—
(a) where no review application is made, from the end of the

period specified in subsection (3)(d), or
(b) where a review application is made, and the refusal is con-

45 firmed by the review officer, from the date specified in
49
the notification issued under section 54 confirming the
refusal.
(5) A refusal shall, without prejudice to the right of the foreign

national concerned to have the refusal reviewed, take effect on the
date specified in the notification under subsection (2) where— 5
(a) in the opinion of the Minister, the circumstances surround-

ing the refusal are such that, on grounds of national
security, public security, public order or public policy
(“ordre public”), the refusal should take place on that
date, and 10
(b) a statement to that effect has been included in or with

the notification.
(6) Subject to subsection (7), a foreign national who is the subject

of a refusal is, if present in the State, for all purposes unlawfully
present in the State— 15
(a) from the date on which the refusal takes effect, or
(b) from the date on which his or her residence permission

expires, whichever is the later.
(7) A foreign national who has made a review application under

section 53(2) shall, if present in the State, be deemed to be lawfully 20
present in the State until the review application has been determined
and notification of the determination has been given, or the notifi-
cation is deemed under section 136 to have been duly given, to him
or her, notwithstanding that his or her residence permission has
expired in the meantime. 25
Modification of 41.—(1) The Minister may—

conditions of
residence
permission. (a) on an application which complies with section 42(2), or
(b) on his or her own initiative,
modify the conditions of a residence permission.
(2) Where the conditions of a permission referred to in subsection 30

(1) are modified under this section, the permission concerned shall
be valid for—
(a) the remainder of the duration of the original permission,

or
(b) such other period as the Minister may determine when 35

modifying the conditions.
(3) If a permission the subject of an application under section 42

or a proposal under section 43 expires before the determination of
the application or the completion of the procedure under section 43,
as the case may be, the permission may continue to have effect, sub- 40
ject to any modification made by the Minister, for such period as the
Minister may determine, and nothing done or purported to be done
under section 40 or 45 with respect to that permission shall have
any effect.
50
42.—(1) A foreign national to whom a residence permission has Application by
been granted may make an application under section 41(1)(a) unless foreign national for
modification of
his or her permission— conditions of
residence
(a) is expressed to be non-renewable, permission.
5 (b) is subject to a condition that he or she shall not be entitled

to apply for modification of the conditions of the per-
mission, or
(c) will expire within 21 days of the date of the application.
(2) An application under section 41(1)(a) complies with this sub-

10 section if it is—
(a) made by the applicant at his or her relevant immigration

area office,
(b) made in the prescribed form (if any), and
(c) accompanied by—
15 (i) the applicant’s travel document,
(ii) the most recently issued, and still valid, residence per-
mit held by the applicant,
(iii) such fee (if any) as may be prescribed, and
(iv) a statement of the modification being applied for and

20 an explanation of the reasons for the application.
(3) The Minister, in making a determination of an application,

may require the applicant to provide such further information as may
be required to—

25 matters referred to in section 38, or

Nationals.
(4) In exercising powers under section 41(1)(a), the Minister may

make the modification applied for or such other modification as he
30 or she considers appropriate.
(5) The Minister shall notify the applicant of his or her decision
to modify the conditions of the applicant’s permission, including the
reasons for the decision, and the modification shall take effect on
the date specified in the notification.
35 43.—(1) Where the Minister proposes to modify under section Modification of

41(1)(b) the conditions of a residence permission, he or she shall conditions of
residence
notify the foreign national concerned in writing, in a language that permission on
the foreign national may reasonably be supposed to understand, of Minister’s own
the proposed modification and the date on which it is proposed that initiative.
40 the modification will take effect.
(a) a statement of the reasons for the proposal,
51
(b) a statement that the foreign national concerned may,
within 5 working days of the notification being received
by, or (if earlier) deemed under section 136 to have been
duly given to, him or her, make representations to the
Minister as to why the conditions should not be modified 5
as proposed,
(c) a statement that if no such representations are made by

the foreign national concerned within the time specified
in paragraph (b), then, subject to subsection (4), the con-
ditions of the residence permission will be modified as 10
proposed from the date specified in the notification, and
(d) if it is proposed to apply the provisions of subsection (4),

a statement of that proposal.
(3) Subject to subsection (4), the modification of conditions under

section 41(1)(b) shall take effect— 15
(a) where no representations have been made within the time

specified in subsection (2)(b), from the date specified in
the notification under subsection (1), or
(b) where representations have been made within the time

specified in subsection (2)(b), from the date on which the 20
Minister advises the foreign national concerned of his or
her decision to modify the conditions of the residence
permission concerned.
(4) Subject to subsection (5), a modification of conditions of a

residence permission shall take effect on the date specified in a noti- 25
fication under subsection (1) where—
(a) in the opinion of the Minister, the circumstances surround-

ing the proposal to modify the conditions of the residence
permission are such that, on grounds of national security,
public security, public order or public policy (“ordre 30
public”), the proposed modification should take effect
immediately, and
(b) a statement to that effect has been included in or with

the notification.
(5) Where subsection (4) applies, and representations have been 35

made within the period specified in subsection (2)(b), the modifi-
cation of conditions referred to in subsection (4) shall take effect on
the date of the notification under subsection (1), subject to the Mini-
ster’s advising the foreign national under subsection (3)(b) of a
decision reversing or further modifying that modification. 40
Residence permit. 44.—(1) Where a residence permission is granted or renewed, or

the conditions of a residence permission are modified, in accordance
with this Part, the Minister shall issue or cause to be issued a resi-
dence permit to the foreign national concerned.
(2) A residence permit issued under subsection (1) is evidence 45

that the holder has permission to reside in the State—
(a) for the time specified in the permit, and
(b) subject to the conditions of the residence permission

concerned.
52
(3) A residence permit issued under this section shall contain:
(a) the name, date of birth and nationality of the holder;
(b) a photograph sufficient to identify the holder;
(c) a statement of the period for which it is valid;
5 (d) an indication as to whether the residence permission is

renewable;
(e) an indication of the conditions of the residence permission;
(f) a statement of the category of residence permission

concerned;
10 (g) such other information as may be prescribed, including

information relating to the holder.
(4) A residence permit remains the property of the Minister.
(5) A residence permit ceases to be valid, and the person to whom

it had been issued shall return it to the Minister without delay,
15 after—
(a) it expires, if the person’s residence permission is not

renewed in accordance with section 39 or 47, as the case
may be, or
(b) a revocation under section 49(1) or proposal to revoke a

20 renewable residence permission or a long term residence
permission under section 51(1) takes effect.
45.—(1) The Minister may, on an application which complies with Replacement of

subsection (2), issue a residence permit to replace one that has been lost, etc. residence
permit.
lost, destroyed or damaged, or is otherwise illegible.
25 (2) An application complies with this subsection if—
(a) it is made by the holder of the residence permit in person

at the holder’s relevant immigration area office,
(b) it is made before the expiration of the residence permit to

be replaced,
30 (c) where the residence permit to be replaced is damaged or

illegible, it is accompanied by that permit,
(d) in the case of a residence permit which has been lost or

destroyed, it is accompanied by satisfactory evidence to
establish that the permit has been lost or destroyed, and
35 (e) it is accompanied by—
(i) the holder’s travel document, and
(ii) such fee (if any) as may be prescribed.
(3) A replacement residence permit issued under subsection (1) is

valid for the remainder of the duration of the residence permit which
40 it replaces.
53
Long-term 46.—(1) Subject to subsection (6), the Minister shall, on an appli-
residence cation which complies with subsection (2), grant permission to reside
permission. in the State as a long-term resident to a foreign national who meets—
(a) the standard eligibility requirements specified in subsec-

tion (4), or 5
(b) (i) the standard eligibility requirements specified in para-

graphs (a), (c) and (d) of subsection (4), and
(ii) the eligibility requirements specified in regulations

made under section 141, where they are more favour-
able to the foreign national. 10
(2) Subject to any regulations made under section 57, an appli-

cation complies with this subsection if it—
(a) is made to the Minister,
(b) is in the prescribed form (if any), and
(c) is accompanied by— 15
(i) the applicant’s travel document,
(ii) such fee (if any) as may be prescribed, and
(iii) satisfactory evidence that the applicant meets the

eligibility requirements specified in paragraph (a) or
(b) of subsection (1). 20
(3) A long-term residence permission granted under subsection

(1) shall—
(a) subject to paragraph (b), be valid for a period of 5 years

or such greater period as may be prescribed, and
(b) subject to sections 48 and 51, be renewable. 25
(4) The standard eligibility requirements referred to in subsection

(1) are:
(a) that the foreign national’s presence in the State would not
be a risk to national security, public security, public
health or contrary to public policy (“ordre public”); 30
(b) subject to subsection (5), that the foreign national has been
continuously resident in the State for a period of 12
months immediately before the date of the application
under subsection (1) and, during the 5 years immediately
preceding that period, has had a total period of residence 35
in the State amounting to 4 years;
(c) that the foreign national is of good character;
(d) that the foreign national—
(i) is in compliance with his or her obligations in relation

to the payment or remittance of any taxes, interest 40
or penalties required to be paid or remitted by law,
and the delivery of any returns required to be deliv-
ered by law,
54
(ii) can demonstrate, in such manner as may be pre-
scribed, a reasonable competence for communicating
in the Irish or English language,
(iii) has satisfied the Minister, in such manner as may be

5 prescribed, that he or she has made reasonable
efforts, while resident in the State, to socially inte-
grate, and
(iv) has, while resident in the State, supported himself or

herself and any dependants without recourse to such
10 publicly funded benefits or services as may be
prescribed.
(5) A period of residence in the State shall not be reckonable for

the purposes of subsection (4)(b) if—
(a) it is in accordance with a permission given to the foreign

15 national to enter or be present in the State for the pur-
pose of enabling him or her to engage in a course of edu-
cation, training, apprenticeship or study in the State,
(b) it is a period during which the foreign national was the

holder of a protection application entry permit under
20 section 77 or a temporary residence certificate issued
under section 9(3) of the Refugee Act 1996,
(c) it is a period during which the foreign national was a per-

son to whom 114(2) applies,
(d) it is a period during which the foreign national was entitled

25 in the State to privileges and immunities under the Diplo-
matic Relations and Immunities Acts 1967 to 2006,
(e) it is a period in respect of which the foreign national was

granted permission to enter and be present in the State
for the purpose of cross-border provision of services or
30 for another similar short-term purpose,
(f) it is a period where the foreign national’s residence per-

mission was non-renewable or otherwise expressly sub-
ject to a condition that the period not be reckonable for
the purposes of this section,
35 (g) it is a period when the foreign national was imprisoned, or
(h) it is a period during which the foreign national was unlaw-

fully in the State.
(6) The Minister may refuse to grant a long-term residence per-

mission under subsection (1) to a foreign national if the Minister is
40 of the opinion that the foreign national’s presence in the State would
be a risk to national security, public security, public health or con-
trary to public policy (“ordre public”).
(7) Where a long-term residence permission is granted to a

foreign national who meets the standard eligibility requirements or,
45 as the case may be, the eligibility requirements referred to in subsec-
tion (1)(b), the foreign national shall be entitled, for so long as that
permission remains in force:
(a) subject to section 49(2)—
55
(i) to reside in the State, and
(ii) to the same rights of travel in or to or from the State

as those to which Irish citizens are entitled, subject
to the requirement under this Act to present himself
or herself to an immigration officer and to provide 5
that immigration officer with any information,
including a travel document, which the officer may
reasonably require for the purposes of his or her
functions;
(b) along with his or her qualifying dependants, to enter 10

employment and to engage for gain in any business, trade
or profession in the State in the like manner and to the
like extent in all respects as an Irish citizen;
(c) along with his or her qualifying dependants, to receive,

upon and subject to the terms and conditions applicable 15
to Irish citizens, the same medical care and services and
the same social welfare benefits as those to which Irish
citizens are entitled;
(d) along with his or her qualifying dependants, to have access

to education and training in the State in accordance with 20
any relevant enactment or rule of law.
(8) Where the Minister grants a long-term residence permission

to a foreign national, or renews such a permission, he or she shall
issue or cause to be issued a long-term residence permit to that
foreign national and sections 44 and 45 shall apply to that long-term 25
residence permit as if it were a residence permit.
(9) Notwithstanding section 141, where regulations are proposed

to be made for the purposes of subsection (1)(b), a draft thereof shall
be laid before each House of the Oireachtas and the regulations shall
not be made until a resolution approving of the draft has been passed 30
by each such House.
“dependant” in relation to a foreign national, means—
(a) where the foreign national is married, his or her spouse

(provided the marriage is subsisting at the time of the 35
grant of permission under subsection (1)), or
(b) a child of the foreign national who, at the date of the grant
of permission under subsection (1)—
(i) is under the age of 18 years,
(ii) is not married, 40
(iii) is dependent on the foreign national, and
(iv) has his or her primary place of residence with the

foreign national;
“qualifying dependant”, in relation to a foreign national, means a

person who— 45
(a) (i) is a dependant who, at the time of granting of per-

mission under subsection (1), is lawfully resident in
56
the State and who, for the purposes of this section,
has been granted a residence permission,
(ii) is a dependant who, at the time of granting of per-

mission under subsection (1), is resident outside the
5 State and who, for the purposes of this section, has
been granted a residence permission,
(iii) is a child of the foreign national born in the State

following the grant of the permission under subsec-
tion (1), or
10 (iv) is, at the time of granting of permission under subsec-

tion (1)—
(I) lawfully resident in the State,
(II) not a dependant,
but who subsequently becomes a dependant and

15 who, for the purposes of this section, has been
granted a residence permission,
and
(b) satisfies the Minister that he or she is a person within such

class of persons as may be prescribed who may be
20 regarded as qualifying dependants under regulations
made under section 141.
47.—(1) The Minister may, on an application which complies with Renewal of long-
subsection (2) made by a holder of a long-term residence permission term residence
permission.
in person at his or her relevant immigration office, grant a renewal
25 of the permission.
(2) An application complies with this section if—
(a) subject to subsection (4), it is made not later than 21 days

before the permission expires,
(b) subject to any regulations made under section 57, it is

30 made by the applicant in person at his or her relevant
immigration area office,
(c) it is in the prescribed form (if any), and
(d) it is accompanied by—
(i) the most recently issued long-term residence permit

35 held by the applicant (whether or not it has expired),
(ii) the applicant’s travel document,
(iii) such fee (if any) as may be prescribed, and
(iv) sufficient evidence to satisfy the Minister that, during

the period of validity of the long-term residence per-
40 mission, the applicant has—
(I) been continuously resident in the State, and
57
(II) not been absent from the State for a continuous
period of 12 months.
(3) The Minister, in considering an application under subsection

(1), may require the applicant to provide such further information as
may be required to— 5


Nationals.
(4) The Minister is not obliged to consider an application to 10

renew a long-term residence permission that is not made within the
period referred to in subsection (2)(a) but, in deciding whether to
consider such an application, shall have regard to any reason given
or known to him or her as to why the application was not made
within that period. 15
Non-renewal of 48.—(1) The Minister, on an application under section 47, may

long-term residence refuse to renew a long-term residence permission if, but only if, one
permission.
or more of the grounds for revocation of that permission specified
in section 49(2) applies.
(2) Where under subsection (1), the Minister proposes to refuse 20

to renew a long-term residence permission granted to a foreign
national, then—
(a) sections 51 and 52 shall apply as if the Minister were pro-

posing to revoke that permission, except that any
decision of the Minister under section 52 that would be a 25
decision not to revoke should be deemed to be a renewal
of the long-term residence permission concerned, and
(b) the foreign national shall, subject to section 51(5), if

present in the State, be deemed to be lawfully present in
the State until the Minister’s decision has effect in accord- 30
ance with section 51(3), notwithstanding that his or her
long-term residence permission has expired in the
meantime.
Revocation of 49.—(1) The Minister may revoke an entry permission, or a resi-

permission. dence permission if satisfied that— 35
(a) the foreign national has contravened a condition of his or

her residence permission or entry permission,
(b) the foreign national, since the grant of the permission, has
served or is serving a term of imprisonment imposed in
the State, 40
(c) there are reasonable grounds for regarding the foreign

national as a danger to the security of the State,
(d) the presence in the State of the foreign national would not
be conducive to the common good,
58
(e) the foreign national obtained his or her permission on the
basis of information or documentation which was false,
incomplete or otherwise misleading,
(f) the permission was granted in error, or
5 (g) there are other reasons which justify the revocation of

the permission.
(2) The Minister may revoke a long-term residence permission if,

but only if, satisfied that the foreign national—
(a) obtained his or her permission on the basis of information

10 or documentation which was false, incomplete or other-
wise misleading,
(b) at any time during the currency of that permission, was

not continuously resident in the State for a period of 12
consecutive months,
15 (c) constitutes a danger to the community of the State, having

been convicted of an offence by a final judgment, or
(d) constitutes a serious risk to national security, public secur-

ity or public order, or that the continued presence in the
State of the foreign national would be contrary to public
20 policy (“ordre public”).
50.—(1) Where the Minister revokes an entry permission or a Procedure for

non-renewable residence permission under section 49(1), he or she revocation of entry
shall notify in writing the foreign national concerned, in a language permission or non-
renewable residence
that he or she may reasonably be supposed to understand, of the permission.
25 revocation.
(a) a statement of the reasons for the revocation,

55 in conjunction with the revocation, a statement of—
30 (i) that proposal and the reasons for it, and
(ii) the proposed exclusion period,
(c) a statement that the foreign national concerned may,

within 5 working days of the notification being received
35 duly given to, him or her, make a review application
under section 53, which may include representations in
relation to the proposal to make a non-return order or
the proposed exclusion period, if applicable,
(d) a statement that if the foreign national concerned does not

40 make a review application within the time specified in
paragraph (c), then he or she is unlawfully present in the
State and is obliged to leave the State by the date speci-
fied in the notification and may be removed from the
State in accordance with the provisions of this Act, and
59
(e) a statement of the effect of subsection (4) (if it is proposed
to apply the provisions of that subsection), and of sections
6 and 66.
(3) A revocation shall take effect—
(a) where no review application is made, from the date speci- 5

fied in the notification under subsection (1), or
(b) subject to subsection (4), where a review application is

made, and the revocation is confirmed by the review
officer, from the date specified in the notification issued
under section 54, confirming the revocation. 10
(4) A revocation shall, without prejudice to the right of the

foreign national concerned to have the revocation reviewed, take
effect on the date specified in a notification under subsection (1)
where—
(a) in the opinion of the Minister, the circumstances surround- 15

ing the revocation are such that, on grounds of national
(“ordre public”), the revocation should take effect on
that date, and
(b) a statement to that effect has been included in or with 20

the notification.
(5) Subject to subsection (4), a foreign national who has made a

review application under section 53 shall, if present in the State, be
deemed to be lawfully present in the State until the review has been
determined and notified or the notification is deemed under section 25
136 to have been duly given to the foreign national, notwithstanding
that his or her entry permission or residence permission has expired
in the meantime.
Proposal to revoke 51.—(1) Where the Minister proposes to revoke, under section
renewable residence 49(1) or (2), a renewable residence permission or a long-term resi- 30
permission or long- dence permission, he or she shall notify, in writing, the foreign
term residence
permission. national concerned, in a language that he or she may reasonably be
supposed to understand, of his or her proposal.
(a) a statement of the reasons for the proposed revocation, 35

55 in conjunction with the proposed revocation, a state-
ment of—
(i) that proposal and the reasons for it, and
(ii) the proposed exclusion period, 40
(c) a statement that the foreign national concerned may,

within 15 working days of the sending of the notification,
make representations to the Minister as to why the resi-
dence permission should not be revoked, which may
include representations in relation to the proposal to 45
make a non-return order or the proposed exclusion
period, if applicable,
60
(d) a statement that if the foreign national concerned does not
make representations within the time specified in para-
graph (c), then he or she is obliged to leave the State by
the date specified in the notification or shall be unlaw-
5 fully present in the State and may be removed from the
State in accordance with the provisions of this Act, and
(e) a statement of the effect of subsection (5) (if it is proposed

to apply the provisions of that subsection) and of sections
6 and 66.
10 (3) (a) Subject to paragraph (b) and subsections (4) and (5), a
proposal to revoke a permission under this section shall
take effect—
(i) where no representations are made under section 52,

from the date specified in the notification under sub-
15 section (1), or
(ii) where representations are made under section 52, and

a determination to revoke the permission is made
under that section, from the date specified in the
notification issued under that section of such deter-
20 mination.
(b) Where the foreign national concerned has been lawfully

resident in the State for a continuous period of 5 years,
the proposal referred to in paragraph (a) shall take effect
not earlier than 3 months from the date of the sending of
25 the notification referred to in subparagraph (i) or (ii), as
the case may be, of that paragraph to the foreign
national concerned.
(4) If the foreign national concerned leaves the State before a

proposal under subsection (1) takes effect, and provides the Minister
30 with evidence to that effect sufficient to satisfy the Minister, the
Minister may revoke the permission concerned and either—
(a) make no non-return order, or
(b) make a non-return order the exclusion period of which

shall be not longer than the proposed exclusion period
35 specified in the notification under subsection (1).
(5) A revocation shall, without prejudice to the right of the

foreign national concerned to make representations under section 52,
take effect on the date specified in the notification under subsection
(1) where—
40 (a) in the opinion of the Minister, the circumstances surround-

ing the revocation are such that, on grounds of national
(“ordre public”), the revocation should take effect on
that date, and
45 (b) a statement to that effect has been included in or with

the notification.
(6) Subject to subsection (5), a foreign national who has made

representations under section 52 shall, if present in the State, be
deemed to be lawfully present in the State until those representations
50 have been considered under that section and the Minister’s determi-
nation notified, or the notification is deemed under section 136 to
61
have been duly given to the foreign national, notwithstanding that
his or her residence permission or long-term residence permission
has expired in the meantime.
Procedure for 52.—(1) A foreign national who is the subject of a proposal under
revocation of section 51(1) may make representations to the Minister in respect of 5
renewable residence
permission or long-
that proposal.
term residence
permission. (2) Representations under this section shall—
(a) be made by the person who is the subject of the proposal,
(b) be made within 15 working days of the sending of the noti-

fication under section 51(1), 10
(c) be made to the Minister,
(d) be in the prescribed form (if any), and
(e) include or be accompanied by a statement of the grounds

upon which the representations are based and such infor-
mation and documentary evidence as the foreign national 15
concerned proposes to use in support of his or her rep-
resentations.
(3) In determining whether to revoke a renewable residence per-

mission under section 49(1) in accordance with this section, the Mini-
ster shall have regard to all the information that appears to him or 20
her to be relevant, including all representations duly made to him or
her, and in doing so shall have regard to the following matters:
(a) humanitarian considerations;
(b) the common good; and
(c) considerations of national security, public security, public 25

order and public policy (“ordre public”).
(4) In determining whether to revoke a long-term residence per-

mission under section 49(2) in accordance with this section, the Mini-
ster shall have regard to the matters specified in that section and in
subsection (3) and, in relation to the foreign national concerned, to— 30
(a) his or her age,
(b) the duration of his or her residence in the State,
(c) his or her family and domestic circumstances,
(d) the nature of his or her connection with the State, if any,
(e) his or her employment (including self-employment) 35

record,
(f) his or her employment (including self-employment)

prospects,
62
(g) his or her character and conduct both within and outside
the State, and
(h) any criminal conviction of the foreign national and, in

particular any criminal conviction—
5 (i) in the State, or
stituted the offence of which the foreign national was
convicted, if done or made in the State on the date
on which the determination is made, would consti-
10 tute an offence in the State.
(5) The Minister is not obliged to consider any representations

not duly made in accordance with subsection (2) but, in exercising
discretion whether to consider such representations, shall have
regard to any reason given or known to him or her why the represen-
15 tations were not made in accordance with that subsection.
(6) The Minister, having considered the matters specified in sub-

section (3) and, if applicable, subsection (4), shall determine whether
to revoke the permission concerned and, having done so, shall notify
the foreign national, in writing, in a language that he or she may
20 reasonably be supposed to understand, of his or her determination.
(7) A notification under subsection (6) shall, if the residence per-

mission is to be revoked, include—
(a) a statement of the reasons for that determination,
(b) if it has been decided to make a non-return order under

25 section 55 in conjunction with the revocation of the resi-
dence permission, a statement of that decision and the
reasons for it, and of the exclusion period,
(c) a statement that the foreign national is obliged to leave

the State by the date specified in the notification or shall
30 be unlawfully present in the State and may be removed
from the State in accordance with the provisions of this
Act, and
(d) a statement of the effect of sections 6 and 66.
53.—(1) In this section and section 54, “decision” means a refusal Review application.
35 under section 40 or a revocation under section 49(1), and may include
a non-return order made in conjunction with such a refusal or
revocation.
(2) A foreign national who is the subject of a decision may apply

to the Minister for a review of the decision.
40 (3) On receipt of an application which complies with subsection

(4) the Minister shall arrange for a review.
(4) A review application complies with this subsection if it—
(a) is made by the foreign national who is the subject of the

decision,
63
(b) is made within 5 working days of the notification referred
to in section 40(2) or 50(1), as the case may be, being
received by, or (if earlier) deemed under section 136 to
have been duly given to, the foreign national concerned,
(c) is made to the Minister, 5
(d) is made in the prescribed form (if any),
(e) is accompanied by the prescribed fee (if any), and
(f) includes or is accompanied by a statement of the grounds

upon which the review is sought and such information
and documentary evidence as the applicant proposes to 10
use in support of the application.
(5) A review shall be carried out by a review officer who shall be

an officer of the Minister—
(a) who is not the person who made the decision, and
(b) who is— 15
(i) of a grade senior to the grade of the person who made

the decision, or
(ii) if it would be impracticable for that officer to be a

person of such a grade, is of the same grade as the
grade of the person who made the decision. 20
(6) The review officer may, before determining a review, make or

cause to be made such inquiries as he or she considers appropriate.
(7) In determining a review under this section, the review officer

shall have regard to all information that appears to the review officer
to be relevant, whether or not provided by the applicant. 25
Determination of 54.—(1) A review officer shall, on carrying out a review under

review. section 53, either—
(a) confirm the decision, or
(b) set it aside.
(2) A confirmation under subsection (1)(a) may be on the same 30

grounds as the decision or on other grounds (or partly on the same
grounds, and partly on other grounds) and, where it is (or is partly)
on other grounds, those other grounds shall be substituted for or
added to the grounds of the decision.
(3) Where, under subsection (1)(a), the review officer confirms a 35

decision, the Minister shall notify the applicant in writing of the con-
firmation.
(a) a statement of the reasons for the confirmation,
64
(b) if it has been decided to make a non-return order under
section 55 in conjunction with the decision, a statement
of that fact, the reasons for it, and the proposed
exclusion period,
5 (c) a statement that the applicant is obliged to leave the State

by the date specified in the notification or shall be unlaw-
fully present in the State and may be removed in accord-
ance with the provisions of this Act, and
(d) a statement of the effect of sections 6 and 66.
10 (5) Where a review officer sets aside a decision made under

section 40, the residence permission concerned shall be renewable in
accordance with section 39.
(6) Where a review officer sets aside a decision made under

section 49(1), the revocation concerned shall not proceed.
15 55.—(1) The Minister may— Non-return orders.
(a) when refusing to renew a residence permission under

section 40,
(b) when revoking an entry permission or residence per-

mission under section 49,
20 (c) on or after the expiration of a permission referred to in

paragraph (b), or a protection application entry
permission,
(d) when issuing a notice referred to in section 82(3)(c),

90(7)(c) or 95(7)(e), or
25 (e) when revoking a protection declaration under section 111,
make a non-return order under this section requiring the foreign

national concerned, having left (including having been removed
from) the State in consequence of the non-renewal, revocation,
expiration, withdrawal, deemed withdrawal or finding of inadmissi-
30 bility, as the case may be, to remain outside the State for such
exclusion period as is specified in the non-return order.
(2) In deciding whether to make a non-return order under subsec-

tion (1), the Minister shall have regard to any representations on the
proposal to make the non-return order or on the proposed exclusion
35 period, submitted by the foreign national concerned under section
51, 52 or 112.
(3) A non-return order shall be in the prescribed form.
(4) An exclusion period shall begin on the date specified in the

non-return order and may end on the date specified in it, or may be
40 of indefinite duration.
(5) Where the Minister has—
(a) under section 50(2), notified the a foreign national to

whom an entry permission or a non-renewable residence
permission has been granted of his or her proposal to
45 make a non-return order,
65
(b) under section 40(3), 51(2), 52(7) or 112(2), notified the
holder of a residence permission, a protection application
entry permission or a protection declaration of his or her
proposal to make a non-return order, or
(c) under section 82(3), 90(7) or 95(7), notified the holder of 5

a protection application entry permit of his or her making
of a non-return order,
the exclusion period specified in the non-return order made by the

Minister shall not exceed the exclusion period or, as the case may
be, the proposed exclusion period specified in such notification. 10
(6) Nothing in subsection (5) shall affect the Minister’s discretion

to make either no non-return order or a non-return order of a shorter
exclusion period where the circumstances mentioned in section
51(4) apply.
(7) Nothing in this section shall affect the Minister’s discretion, 15

whether on application by the foreign national concerned or other-
wise, to revoke a non-return order or to vary it by reducing the
exclusion period.
(8) A person who contravenes a non-return order is guilty of an

offence. 20
Immigration 56.—(1) An immigration officer, subject to subsection (2) and in

officers’ powers accordance with this Act, any regulations made under it and any
under this Part.
directions the Minister may give under section 143, may, on behalf
of the Minister—
(a) grant residence permissions under this Part, 25
(b) attach conditions to residence permissions under this Part,
(c) renew or refuse to renew residence permissions under

section 39 or 40,
(d) modify conditions attached to residence permissions under

section 41(1)(a), and 30
(e) issue replacement residence permits under section 45.
(2) An immigration officer, for the purpose of the performance

of his or her functions under subsection (1), may require the appli-
cant to provide such further information as may be required to—
(a) assist the Minister in his or her consideration of the 35


Nationals.
(3) The Minister may prescribe categories of residence per-

missions in respect of which, or a class or classes of foreign nationals 40
in respect of whom, subsection (1), or any part of that subsection,
shall not apply.
66
57.—The Minister may, for the purposes of this Part, prescribe— Regulations.
(a) procedures and forms for any application provided for

under this Part,
(b) circumstances where applications, or applications of categ-

5 ories prescribed for that purpose, required under this
Part to be made at a foreign national’s relevant immi-
gration area office, may be made otherwise than in
accordance with that requirement, and the places and
procedures for making such applications.
10 PART 6
Removal from the State
58.—(1) A foreign national being removed from the State under Rule against
this Act shall not be sent to a territory if to do so would be a refoulement.
refoulement.
15 (2) Nothing in this Act prevents the extradition of a foreign

national under the Extradition Acts 1965 to 2001 or the operation of
the European Arrest Warrant Act 2003.
59.—(1) Where an immigration officer or a member of the Garda Removal from State
Síochána is satisfied that a foreign national is unlawfully present in of foreign national
unlawfully present.
20 the State or at a frontier of the State, the officer or member may
remove, or cause to be removed, the foreign national from the State.
(2) A foreign national who is removed under subsection (1) shall

be sent to whichever of the following states or territories the officer
or member removing him or her considers appropriate:
25 (a) the state where he or she last embarked for the State, if
that state can be ascertained;
(b) where he or she was refused permission to enter the State

at a port for the purpose of passing through the port in
order to travel to another state, and either—
30 (i) the carrier who would have taken him or her to that
other state has refused to do so, or
(ii) the government of that other state has refused him or

her entry into that state and, in consequence, he or
she remains in the State or has been returned to
35 the State,
the state where he or she last embarked for the State for
the purpose referred to in this paragraph;
(c) the state or territory, the government or other authorities

of which issued any travel document held by him or her;
40 (d) the state or territory which appears to the officer or

member to be the country of origin of that foreign
national; or
67
(e) any state which he or she will, in the opinion of the officer
or member, be permitted to enter.
(3) A foreign national being removed under this section—
(a) shall, for the purposes of facilitating his or her removal,

co-operate in any way necessary and comply with any 5
directions given to him or her to enable an immigration
officer or member of the Garda Síochána to obtain a
travel document, ticket for travel or other document
required for the purpose of the removal and, in part-
icular, shall comply with any request by the officer or 10
member to provide biometric information for or for
inclusion in, or to sign or affix his or her biometric infor-
mation to, any document required for that purpose, and
(b) shall not behave in a manner likely to endanger the safety

of himself or herself or others in the course of his or her 15
being removed from the State.
(4) A person shall not, by act or omission, obstruct or hinder an

immigration officer or a member of the Garda Síochána engaged in
the removal of a foreign national under this section.
(5) A parent or guardian of, or other person or body having 20

charge of or responsibility for, a person who is under the age of 18
years (in this subsection referred to as a “minor”) and who is being
removed from the State under subsection (1) shall, for the purposes
of facilitating the removal of the minor—
(a) on request by an immigration officer or member of the 25

Garda Síochána, use his or her best endeavours to bring
the minor to or secure the attendance of the minor at
such place as is specified in the request, and
(b) co-operate in any way necessary and comply with any

directions given to him or her to enable such an officer 30
or member to obtain a travel document, ticket for travel
or other document required for the purpose of the
removal of the minor and, in particular, comply with any
request by the officer or member to have the minor’s bio-
metric information provided for or for inclusion in, or to 35
have signed by the minor or have the minor’s biometric
information affixed to, any document required for that
purpose.
(6) A person or body who contravenes subsection (3), (4) or (5)

is guilty of an offence. 40
(7) An immigration officer or a member of the Garda Síochána

may arrest without warrant any person whom he or she suspects of
having committed an offence under this section.
(8) Without prejudice to section 27(6), 55 or 132, but subject to

subsection (9), a foreign national removed under this section shall be 45
ineligible for an entry permission for a period of 6 months from the
date of his or her removal.
(9) The Minister may, on application by the foreign national

referred to in subsection (8) and having regard to the matters speci-
fied in section 141(4), where he or she considers it appropriate to do 50
so in exceptional circumstances, direct that all, or such part as is
68
specified in the direction, of the period of 6 months referred to in
that subsection shall be disregarded for the purposes of an appli-
cation by the foreign national for a visa or for an entry permission.
60.—(1) An immigration officer or a member of the Garda Síoch- Arrest and

5 ána may, for the purposes of removing a foreign national from the detention of foreign
national for purpose
State under section 59, arrest the foreign national without warrant of removal from
where— State.
(a) the foreign national has been refused an entry permission

under section 29,
10 (b) the officer or member, with reasonable cause, suspects that

the foreign national—
(i) has failed to comply with any notification under this

Act to the effect that he or she must leave the State
by a specified date,
15 (ii) intends to leave the State and enter another state

without lawful authority,
(iii) has destroyed his or her identity documents or is in

possession of forged, altered or substituted identity
documents, or
20 (iv) intends to avoid removal from the State,
or
(c) section 61(4), 62(2) or 64(5) applies to the foreign national.
(2) A foreign national arrested under subsection (1) may, under

warrant of an immigration officer or a member of the Garda Síoch-
25 ána, be detained—
(a) in a prescribed place, being a prison or other place in the

charge of a governor, an immigration officer or a member
of the Garda Síochána, and
(b) in the custody there of the governor, the immigration

30 officer or the member in charge.
(3) (a) The officer or member under whose warrant a foreign

national is detained under subsection (2) shall, as soon
as practicable—
(i) where the foreign national is detained in a Garda

35 Síochána station, inform the member in charge,
(ii) in any other case, inform the governor, or the immi-

gration officer in charge,
of the arrest and detention.
(b) Where paragraph (a) has been complied with, the con-
40 tinued detention under this section of a foreign national
referred to in that paragraph is authorised.
(4) A foreign national detained under subsection (2) or (3) may,

on the direction of an immigration officer or a member of the Garda
69
Síochána, be moved from the prescribed place where the foreign
national is—
(a) to any other prescribed place, or
(b) for the purposes of, or a purpose connected with, his or

her removal from the State under section 59, to any 5
other place,
without thereby affecting the lawfulness of the custody in which he

or she is being kept.
(5) Subject to subsection (6), a foreign national detained under

this section may not be detained for a period or periods, in relation 10
to any one removal or attempted removal, exceeding 8 weeks in
aggregate.
(6) The following shall be excluded in reckoning any period for

the purposes of subsection (5):
(a) any period during which the foreign national is in custody 15

pending a criminal trial or is serving a sentence of
imprisonment;
(b) any period during which he or she is on board a vehicle

having been placed there under section 65;
(c) any period of delay in his or her removal which is directly 20

attributable to a contravention of subsection (3), (4) or
(5) of section 59;
(d) if the foreign national has taken or is otherwise party to

proceedings in respect of his or her removal, the period
between their institution and their final determination; 25
(e) where the High Court has made an order under subsection
(8)(b), the period specified in the order for which the
foreign national’s removal from the State is to be
suspended.
(7) Proceedings shall not, for the purposes of subsection (6)(d), 30

be taken to be finally determined until the expiration of the time
within which an appeal from those proceedings or, as the case may
be, a further appeal, may be instituted and no appeal or further
appeal has been instituted.
(8) Where a foreign national detained under this section is a party 35

to any proceedings, whether civil or criminal, or required or likely to
be required to attend as a witness in any such proceedings, the High
Court may, on application to it and on being satisfied that it is, for
the purposes of the proceedings, in the interests of justice to do so,
order, for such period as the Court considers appropriate, either or 40
both of the following:
(a) that the foreign national be released from detention;
(b) that the foreign national’s removal from the State be

suspended.
(9) In making an order under subsection (8)(a), the High Court 45

may make the release subject to conditions, including conditions
requiring the foreign national to—
70
(a) reside or remain in a specified district or place in the State,
(b) report at specified intervals to a specified Garda Síochána

station or immigration area office,
(c) surrender any travel document that he or she holds,
5 (d) enter into a recognisance, with or without a surety or sur-

eties, subject to such conditions as the Court considers
appropriate.
(10) (a) Where a foreign national enters into a recognisance under

subsection (9)(d) and fails to comply with any condition
10 to which the recognisance was subject, the High Court
may, on the application of an immigration officer or
member of the Garda Síochána and on information on
oath and in writing made by or on behalf of the officer
or member that the foreign national has contravened a
15 condition of the recognisance, issue a warrant for the
arrest of the foreign national.
(b) An immigration officer or member of the Garda Síochána

may arrest the foreign national referred to in paragraph
(a) notwithstanding that the officer or member does not
20 have the warrant concerned in his or her possession at
the time of the arrest.
(c) Where paragraph (b) applies, the officer or member shall

serve the warrant on the arrested foreign national as soon
as practicable.
25 (d) The arrested foreign national shall be brought as soon as

practicable before the High Court.
(e) Where a foreign national is brought before the Court in

accordance with paragraph (d), and the Court is satisfied
that the foreign national has contravened a condition of
30 the recognisance, the Court may order that—
(i) any moneys conditioned to be paid under the recogni-

sance by the foreign national or any surety be
estreated in such amount and within such period as
the Court thinks fit, or
35 (ii) any sums paid into court by the foreign national or

any surety be forfeited in such amount or amounts
as the Court thinks fit.
(11) In considering whether to make an order under subsection

(8) and whether and how to exercise the power to impose conditions
40 under subsection (9), the High Court shall have regard to whether
the foreign national would, if released, be likely to attempt to avoid
removal from the State under section 59.
(12) In any criminal proceedings brought against a foreign

national detained under subsection (2) or (3), the Director of Public
45 Prosecutions shall, as soon as practicable, inform the court that the
accused is a foreign national so detained, and the court may, in con-
sidering any question about bail in respect of the accused, have
regard to that information.
71
(13) In this section, “member in charge” means the member of
the Garda Síochána who is in charge of a Garda Síochána station in
which a foreign national is detained under subsection (2).
Imposition of 61.—(1) An immigration officer or member of the Garda Síoch-

conditions upon ána who arrests a foreign national under section 60(1) may, without 5
foreign national prejudice to the power to detain the foreign national under that
arrested under
section 60. section, require the foreign national, by direction in writing and
pending his or her removal from the State, to comply with any one
or more of the following conditions:
(a) that he or she reside or remain in a specified district or 10

place in the State;
(b) that he or she report at specified intervals to a specified

Garda Síochána station or immigration area office;
(c) that he or she surrender any travel document that he or

she holds; 15
(d) that he or she provide a deposit;
(e) that he or she enter into a bond, whether or not secured

by a guarantee.
(2) A foreign national who fails to comply with a condition

imposed upon him or her under subsection (1) is guilty of an offence. 20
(3) Subsection (2) shall not apply where the failure by the foreign
national to comply with a condition is attributable to his or her leav-
ing or having left the State and where he or she has not re-entered
the State other than in compliance with the provisions of this Act.
(4) Where a condition is imposed upon a foreign national under 25

subsection (1), an immigration officer or member of the Garda Síoch-
ána may arrest and detain the foreign national under section 60(1)
where—
(a) the foreign national has failed to comply with the con-
dition, or 30
(b) the officer or member is satisfied that, notwithstanding the

exercise of the power under subsection (1), he or she has
reasonable cause to suspect that subparagraph (ii), (iii)
or (iv) of section 60(1)(b) applies or continues to apply
to the foreign national concerned. 35
Imposition of 62.—(1) An immigration officer or member of the Garda Síoch-

conditions upon ána may, without prejudice to sections 60 and 61, require a foreign
foreign national national who is unlawfully present in the State, by direction in writ-
unlawfully present
in the State. ing, to comply with any one or more of the following conditions:
(a) that he or she, in accordance with his or her obligations 40

under section 6—
(i) remove himself or herself from the State by the date

specified in the notification, and
(ii) not re-enter the State other than in compliance with

the provisions of this Act; 45
72
(b) that he or she reside or remain in a specified district or
place in the State;
(c) that he or she report at specified intervals to a specified

Garda Síochána station or immigration area office;
5 (d) that he or she surrender any travel document that he or

she holds;
(e) that he or she provide a deposit;
(f) that he or she enter into a bond, whether or not secured

by guarantee.
10 (2) Where a condition is imposed upon a foreign national under

subsection (1), an immigration officer or member of the Garda Síoch-
ána may arrest and detain the foreign national under section 60(1),
where—
(a) the foreign national has failed to comply with the con-
15 dition, or
(b) the officer or member is satisfied that, notwithstanding the

exercise of the power under subsection (1), he or she has
reasonable cause to suspect that subparagraph (ii), (iii)
or (iv) of section 60(1)(b) applies or continues to apply
20 to the foreign national concerned.
(3) A foreign national who fails to comply with a condition

imposed upon him or her under subsection (1) is guilty of an offence.
63.—(1) Nothing in this Act confers an entitlement on a foreign Provisions

national— supplementary to
sections 60, 61 and
62.
25 (a) who is arrested under section 60 to be dealt with according
to one of the procedures specified in section 60 or section
61(1) rather than another such procedure, or
(b) who is unlawfully present in the State and who is liable to

be arrested under section 60, instead of being arrested
30 under that section, to be dealt with under section 62.
(2) Nothing in section 61 or 62 shall operate to prevent a foreign

national to whom either of those sections applies from being
required, at any time after the giving of the direction concerned, to
provide details of his or her arrangements for leaving the State.
35 (3) Where it appears to the Minister that a foreign national who

is to be or is being removed under section 59 has no travel document,
the Minister may issue to the foreign national a laissez-passer or such
other travel document as the Minister considers appropriate to facili-
tate such removal.
40 64.—(1) Subject to subsections (2) and (5), section 60 does not Persons under 18
apply to a foreign national who is under 18 years of age. years of age.
(2) If, and for so long as, an immigration officer or member of

the Garda Síochána who has the custody of a foreign national
believes and has reasonable grounds for believing that the foreign
45 national is 18 years of age or over, section 60 shall apply to the
foreign national.
73
(3) Where an unmarried person under the age of 18 years is in
the custody of another person (whether his or her parent or a person
acting in loco parentis or any other person) and that other person is
detained under section 60, the immigration officer or the member of
the Garda Síochána concerned shall, without delay, notify the Health 5
Service Executive of the detention and of the circumstances thereof.
(4) An immigration officer or member of the Garda Síochána

may, by direction in writing given to a foreign national under the age
of 18 years, require that foreign national to comply with any of the
conditions specified in section 61(1)(a) to (c) or 62(1)(a) to (d). 10
(5) Where a foreign national fails to comply with a condition

imposed upon him or her under subsection (4), an immigration
officer or member of the Garda Síochána may arrest and detain that
foreign national under section 60(1).
Responsibilities of 65.—(1) An immigration officer or member of the Garda Síoch- 15

carriers in relation ána may place a foreign national to whom section 59 applies on a
to removal of vehicle that is about to leave the State, and a foreign national so
foreign nationals
from State. placed who has been detained under section 60 shall continue to be
in lawful custody until the vehicle leaves the State.
(2) The master or person in charge of a vehicle that is about to 20

leave the State shall, if so directed by an immigration officer or
member of the Garda Síochána, receive a foreign national to whom
section 59 applies (and any dependants of the foreign national) on
board the vehicle and afford the persons so received proper accom-
modation and maintenance during the journey concerned. 25
(3) A direction under subsection (2) may be given only at a

reasonable time before the departure of the vehicle referred to in
that subsection.
(4) Where a foreign national to whom section 59 applies arrived

in the State by means of a vehicle, the master or person in charge of 30
the vehicle shall, if so directed in writing by an immigration officer or
member of the Garda Síochána, remove the foreign national without
delay, and at no expense to the State, from the State to whichever
of the states or territories referred to in section 59(2) the officer or
member considers appropriate. 35
(5) A direction under subsection (4) may require the person to

whom it is given to remove the foreign national referred to in it or
require the person to arrange for the removal of the foreign national
by another carrier.
(6) If a person fails to comply with a direction under subsection 40

(4), the officer or member who gave the direction may arrange for
the removal of the foreign national referred to in the direction.
(7) The Minister shall pay the reasonable expenses incurred in

complying with a direction under subsection (2) but no other liability
shall attach to the Minister or any immigration officer or member of 45
the Garda Síochána for any cost or expense incurred in complying
with any other direction under this section.
(8) Amounts may, for the purposes of subsection (7), be pre-

scribed in relation to the receiving, accommodation and maintenance
of a foreign national under subsection (2) and any amount so pre- 50
scribed shall be taken, for the purposes of subsection (7), as a reason-
able expense.
74
(9) The costs incurred under subsection (6) shall be recoverable
as a simple contract debt by the Minister from the person to whom
the direction was given under subsection (4).
(10) A person who fails to comply with a direction under subsec-

5 tion (4) is guilty of an offence.
(11) A member of the Garda Síochána may arrest without war-

rant any person whom he or she suspects of having committed an
offence under subsection (10).
66.—(1) The Minister may require a foreign national removed Liability for costs of
10 from the State under this Part to pay him or her the reasonable removal.
expenses incurred in the foreign national’s detention, accom-
modation, maintenance while being detained and removed, and
removal.
(2) (a) Subject to paragraph (b), subsection (1) does not apply in
15 respect of a minor.
(b) The Minister may require a person who—
(i) has or has had parental custody or has or had other-

wise taken responsibility for the minor, and
(ii) is removed from the State along with the minor,
20 to pay to the Minister the reasonable expenses incurred

in that minor’s detention, accommodation, maintenance
while being detained and removed, and removal.
(3) Where more than one person is liable under subsection (2)(b),
the liability shall be joint and several.
25 (4) Maximum amounts may be prescribed in respect of different

kinds of circumstances giving rise to expenses payable under subsec-
tions (1) and (2).
(5) In prescribing maximum amounts under subsection (4), the

Minister shall have regard to the actual costs usually incurred in the
30 circumstances to which those amounts relate.
(6) Without prejudice to the generality of subsection (4), the

different kinds of expenses for which maximum amounts may be
prescribed under that subsection may include the following:
(a) the costs over a particular period of time of detaining a

35 foreign national in accordance with section 60(2) and
maintaining him or her while in such detention;
(b) the costs of moving a foreign national in accordance with

section 60(4), including the costs of maintaining him or
her while in custody during the move;
40 (c) the costs of removing a foreign national from the State to

a state or territory in accordance with section 59, includ-
ing the costs of maintaining him or her while in custody
until he or she leaves the State.
(7) The Minister shall notify a foreign national in writing of the

45 amount of expenses to be paid by the foreign national under this
75
section, but failure to so notify does not affect the obligation under
subsection (1) to pay those expenses.
(8) Any costs, or any part thereof, incurred by the Minister under
subsection (1) may be recovered from the foreign national concerned
as a simple contract debt in any court of competent jurisdiction. 5
(9) The relevant period of limitation under the Statutes of Limi-

tations in relation to a debt referred to in subsection (8) shall not
begin to run until the Minister becomes aware of the return to and
presence in the State of the foreign national.
(10) In this section— 10
“minor” means a foreign national who is under the age of 18 years;
“reasonable expenses”, for the purposes of subsection (1) includes

unrecovered costs awarded by a court to the Minister in proceedings
in respect of the lawfulness of the detention and removal from the
State of the foreign national. 15
PART 7
Protection
Chapter 1
General
Interpretation 67.—(1) In this Part— 20

(Part 7).
“act of persecution” shall be construed in accordance with section 71;
“actors of persecution” include—
(a) a state,
(b) parties or organisations controlling a state or a substantial

part of the territory of that state, and 25
(c) non-state actors if it can be demonstrated that the actors

referred to in paragraphs (a) and (b), including inter-
national organisations, are unable or unwilling to provide
protection against persecution;
“actors of serious harm” include— 30
(a) a state,
(b) parties or organisations controlling a state or a substantial

part of the territory of that state, and
(c) non-state actors, if it can be demonstrated that the actors

referred to in paragraphs (a) and (b), including inter- 35
national organisations, are unable or unwilling to provide
protection against serious harm;
“person eligible for subsidiary protection” means a person—
(a) who is not a national of a Member State,
76
(b) who is not entitled to protection in the State as a refugee,
(c) in respect of whom substantial grounds have been shown

for believing that the person concerned, if returned to his
or her country of origin, or, in the case of a stateless per-
5 son, to his or her country of former habitual residence,
would face a real risk of suffering serious harm, and who
is unable, or, owing to such risk, is unwilling to avail him-
self or herself of the protection of that country, construed
in accordance with subsections (2) and (3), and
10 (d) to whom section 73 does not apply;
“refugee” means a person—
(a) who, without prejudice to the Protocol on Asylum for

nationals of Member States of the European Union,
annexed to the Treaty on European Union and to the
15 Treaty on the Functioning of the European Union, is not
a national of a Member State,
(b) who, owing to a well-founded fear of being persecuted for

reasons of race, religion, nationality, membership of a
particular social group or political opinion—
20 (i) is outside the country of his or her nationality and is

unable or, owing to such fear, is unwilling to avail
himself or herself of the protection of that country,
construed in accordance with subsections (2) and
(3), or
25 (ii) if a stateless person, is outside of the country of his or

her former habitual residence and is unable or,
owing to such fear, unwilling to return to it,
and
(c) to whom section 73 does not apply;
30 “serious harm” means—
(a) death penalty or execution,
(b) torture or inhuman or degrading treatment or punishment

of a person in his or her country of origin, or
(c) serious and individual threat to a civilian’s life or person

35 by reason of indiscriminate violence in a situation of
international or internal armed conflict.
(2) For the purposes of this Part, protection against persecution

or serious harm shall be regarded as being generally provided where
reasonable steps are taken by a state or parties or organisations,
40 including international organisations, controlling a state or a substan-
tial part of the territory of a state to prevent the persecution or suf-
fering of serious harm, including by the operation of an effective
legal system for the detection, prosecution and punishment of acts
constituting persecution or serious harm, where the protection appli-
45 cant has access to such protection.
(3) For the purposes of assessing, under subsection (2), whether

an international organisation controls a state or a substantial part of
the territory of a state and provides protection against persecution
77
or serious harm, the Minister or, as the case may be, the Tribunal
shall take into account any guidance which may be provided in rel-
evant acts of the Council of the European Union.
Restriction of 68.—(1) The Freedom of Information Acts 1997 and 2003 do not
Freedom of apply to a record relating to a protection application, including its 5
Information Acts investigation or determination under this Part.
1997 and 2003.
(2) In this section, “record” has the same meaning as it has in the
Freedom of Information Acts 1997 and 2003.
Entitlement to 69.—(1) Subject to subsection (3), a person is entitled to protec-

protection in State. tion in the State if he or she— 10
(a) is a refugee, or
(b) not being a refugee, is a person eligible for subsidiary

protection.
(2) A person who seeks any form of protection in the State shall
be deemed to have sought protection in the State as a refugee. 15
(3) A protection applicant shall be presumed not to be in need of

protection in the State if, at any time during the investigation of the
protection applicant’s protection application by the Minister under
section 83, it appears to the Minister that—
(a) the protection applicant’s country of origin is a country for 20

the time being designated as a safe country of origin
under section 117, and he or she has not shown any
reasonable grounds for considering that, notwithstanding
that designation, he or she, in his or her particular cir-
cumstances, is entitled to protection in the State, or 25
(b) the protection applicant had lodged a prior protection

application in another state party to the Geneva Conven-
tion and he or she has not shown reasonable grounds for
the contention that he or she is entitled to protection in
the State. 30
Assessment of facts 70.—(1) The following matters, insofar as they are known, shall
and circumstances. be taken into account by the Minister or the Tribunal, as the case
may be, for the purposes of determining a protection application
under section 88 or deciding an appeal under section 96:
(a) all relevant facts as they relate to the country of origin at 35

the time of making the determination or, as the case may
be, the decision, including laws and regulations of the
country of origin and the manner in which they are
applied;
(b) the relevant statements and documentation presented by 40

the protection applicant including information on
whether he or she has been or may be subject to per-
secution or serious harm;
(c) the individual position and personal circumstances of the

protection applicant, including factors such as back- 45
ground, gender and age, so as to assess whether, on the
78
basis of the protection applicant’s personal circum-
stances, the acts to which the protection applicant has
been or could be exposed would amount to persecution
or serious harm;
5 (d) whether the protection applicant’s activities since leaving

his or her country of origin were engaged in for the sole
or main purpose of creating the necessary conditions for
applying for protection so as to assess whether these
activities will expose the protection applicant to per-
10 secution or serious harm if returned to that country;
(e) whether the protection applicant could reasonably be

expected to avail himself or herself of the protection of
another country where he or she could assert citizenship.
(2) The fact that a protection applicant has already been subject
15 to persecution or serious harm, or to direct threats of such per-
secution or such harm, shall, subject to subsection (3), be regarded
as a serious indication of the protection applicant’s well-founded fear
of persecution or real risk of suffering serious harm.
(3) Subsection (2) shall not apply where there are good reasons to
20 consider that such persecution or serious harm will not be repeated.
(4) A well-founded fear of being persecuted or a real risk of suf-

fering serious harm may be based on events which have taken place
since the protection applicant left his or her country of origin.
(5) A well-founded fear of being persecuted or a real risk of suf-

25 fering serious harm may be based on activities which have been
engaged in by the protection applicant since he or she left his or her
country of origin, in particular where it is established that the activi-
ties relied upon constitute the expression and continuation of convic-
tions or orientations held by the protection applicant in the country
30 of origin.
(6) The Minister or Tribunal may determine that a protection

applicant is not in need of protection if the protection applicant can
reasonably be expected to stay in a part of his or her country of
origin where there is no well-founded fear of being persecuted or
35 real risk of suffering serious harm.
(7) In examining whether a part of the country of origin accords

with subsection (6), the Minister or Tribunal shall have regard to the
general circumstances prevailing in that part of the country and to
the personal circumstances of the protection applicant.
40 (8) Where aspects of the protection applicant’s statements are not

supported by documentary or other evidence, those aspects shall not
need confirmation where the Minister or Tribunal is satisfied that—
(a) the protection applicant has made a genuine effort to sub-

stantiate his or her application,
45 (b) all relevant elements at the protection applicant’s disposal

have been submitted and a satisfactory explanation
regarding any lack of other relevant elements has been
given,
79
(c) the protection applicant’s statements are found to be
coherent and plausible and do not run counter to avail-
able specific and general information relevant to the pro-
tection applicant’s case,
(d) the protection applicant has applied for protection at the 5

earliest possible time, except where he or she demon-
strates good reason for not having done so, and
(e) the general credibility of the protection applicant has

been established.
Acts of persecution. 71.—(1) Acts of persecution for the purposes of this Part must 10
be—
(a) sufficiently serious by their nature or repetition to consti-

tute a severe violation of basic human rights, in particular
the rights from which derogation cannot be made under
Article 15(2) of the European Convention for the Protec- 15
tion of Human Rights and Fundamental Freedoms, or
(b) an accumulation of various measures, including violations

of human rights, which is sufficiently severe to affect an
individual in a similar manner as mentioned in para-
graph (a). 20
(2) The following are examples of acts which may amount to acts
of persecution for the purposes of subsection (1):
(a) acts of physical or mental violence, including acts of sex-

ual violence;
(b) legal, administrative, police or judicial measures, or a com- 25

bination of these measures, that are in themselves dis-
criminatory or are implemented in a discriminatory
manner;
(c) prosecution or punishment that is disproportionate or dis-

criminatory; 30
(d) denial of judicial redress resulting in a disproportionate or

discriminatory punishment;
(e) prosecution or punishment for refusal to perform military

service in a conflict, where performing military service
would include crimes or acts of a kind referred to in sub- 35
section (2) or (3) of section 73;
(f) acts of a gender-specific or child-specific nature.
(3) For the purpose of the definition of “refugee” in section 67,

there must be a connection between the reasons for persecution, as
construed under section 72, and the acts of persecution, construed in 40
accordance with this section.
Factors bearing on 72.—(1) The Minister or the Tribunal, as the case may be, shall
assessment of take the following into account when assessing the reasons for per-
reasons for, and
fear of, persecution.
secution:
80
(a) the concept of race shall in particular include consider-
ations of colour, descent or membership of a particular
ethnic group;
(b) the concept of religion shall in particular include the hold-

5 ing of theistic, non-theistic and atheistic beliefs, the par-
ticipation in, or abstention from, formal worship in
private or in public, either alone or in community with
others, other religious acts or expressions of view, or
forms of personal or communal conduct based on or man-
10 dated by any religious belief;
(c) the concept of nationality shall not be confined to citizen-

ship or lack thereof but shall in particular include mem-
bership of a group determined by its cultural, ethnic or
linguistic identity, common geographical or political
15 origins or its relationship with the population of another
state;
(d) a group shall be considered to form a particular social

group where in particular—
(i) members of that group share an innate characteristic,

20 or a common background that cannot be changed,
or share a characteristic or belief that is so funda-
mental to identity or conscience that a person should
not be forced to renounce it, or
(ii) that group has a distinct identity in the relevant coun-

25 try, because it is perceived as being different by the
surrounding society,
and, depending on the circumstances in the country of

origin, a particular social group may include a group
based on a common characteristic of sexual orientation;
30 (e) the concept of political opinion shall in particular include

the holding of an opinion, thought or belief on a matter
related to the potential actors of persecution and to their
policies or methods, whether or not that opinion, thought
or belief has been acted upon by the protection appli-
35 cant concerned.
(2) In the assessment of whether a protection applicant has a well-

founded fear of being persecuted, it is immaterial whether the pro-
tection applicant actually possesses the racial, religious, national,
social or political characteristic which attracts the persecution, pro-
40 vided that such a characteristic is attributed to the protection appli-
cant by an actor of persecution.
(3) In this Part, “membership of a particular social group”

includes membership of a trade union.
(4) For the purposes of subsection (1)(d)—
45 (a) sexual orientation shall not include acts considered to be

criminal in the State,
(b) gender related aspects may be taken into account,

although where taken alone they would not create a pre-
sumption for the applicability of this section.
81
Exclusion from 73.—(1) A person is excluded from being a refugee where he or
protection. she is—
(a) subject to subsection (6), receiving from organs or agencies

of the United Nations (other than the High
Commissioner) protection or assistance, or 5
(b) recognised by the competent authorities of the country in

which he or she has taken residence as having the rights
and obligations which are attached to the possession of
the nationality of that country, or rights and obligations
equivalent to those. 10
(2) A person is excluded from being a refugee where there are

serious reasons for considering that he or she—
(a) has committed a crime against peace, a war crime or a

crime against humanity, as defined in the international
instruments drawn up to make provision in respect of 15
such crimes,
(b) has committed a serious non-political crime outside the

State prior to the grant of a protection declaration, or
(c) has been guilty of acts contrary to the purposes and prin-
ciples of the United Nations as set out in the Preamble 20
and Articles 1 and 2 of the Charter of the United Nations.
(3) A person is excluded from being eligible for subsidiary protec-

tion where there are serious reasons for considering that he or she—
(a) has committed a crime against peace, a war crime or a

crime against humanity, as defined in the international 25
instruments drawn up to make provision in respect of
such crimes,
(b) has committed a serious crime,
(c) has been guilty of acts contrary to the purposes and prin-
ciples of the United Nations as set out in the Preamble 30
and Articles 1 and 2 of the Charter of the United
Nations, or
(d) constitutes a danger to the community or to the security

of the State.
(4) A person is excluded from being eligible for subsidiary protec- 35

tion if he or she has, prior to his or her admission to the State, com-
mitted a crime, not consisting of a crime or conduct referred to in
subsection (3), which would be punishable by imprisonment had it
been committed in the State and, in the opinion of the Minister or
the Tribunal, as the case may be, left his or her country of origin 40
only in order to avoid sanctions resulting from that crime.
(5) A person who has instigated or otherwise participated in the

commission of an act or crime referred to in subsection (2) or (3) is
excluded from being a refugee or, as the case may be, a person eli-
gible for subsidiary protection. 45
(6) Subsection (1)(a) shall not apply where the protection or

assistance referred to in that subsection has ceased for any reason,
without the position of persons who had been receiving that protec-
tion or assistance being definitively settled in accordance with the
82
relevant resolutions adopted by the General Assembly of the
United Nations.
74.—(1) A person shall cease to be a refugee if he or she— Cessation of

protection status.
(a) has voluntarily re-availed himself or herself of the protec-
5 tion of his or her country of nationality,
(b) having lost his or her nationality, has voluntarily re-

acquired it,
(c) has—
(i) been granted a certificate of naturalisation under the

10 Irish Nationality and Citizenship Acts 1956 to 2004,
or
(ii) acquired a new nationality, and enjoys the protection

of the country of his or her new nationality,
(d) has voluntarily re-established himself or herself in the

15 country which he or she left or outside which he or she
remained owing to fear of persecution,
(e) subject to subsection (2), can no longer, because the cir-

cumstances in connection with which he or she has been
recognised as a refugee have ceased to exist, continue to
20 refuse to avail himself or herself of the protection of his
or her country of nationality, or
(f) subject to subsection (2), being a stateless person, is able,

because the circumstances in connection with which he
or she has been recognised as a refugee have ceased to
25 exist, to return to his or her country of former habitual
residence.
(2) In determining whether subsection (1)(e) or (f) applies, the

Minister shall have regard to whether the change of circumstances is
of such a significant and non-temporary nature that the person’s fear
30 of persecution can no longer be regarded as well-founded.
(3) A person shall cease to be eligible for subsidiary protection

when—
(a) (i) the circumstances which led to the granting of subsidi-

ary protection status have ceased to exist or have
35 changed to such a degree that protection is no longer
required, and
(ii) the change of circumstances is of such a significant

and non-temporary nature that the person no longer
faces a real risk of serious harm, or
40 (b) he or she has—
(i) been granted a certificate of naturalisation under the

Irish Nationality and Citizenship Acts 1956 to 2004,
or
(ii) acquired a new nationality, and enjoys the protection

45 of the country of his or her new nationality.
83
Chapter 2
Protection 75.—(1) A protection applicant shall be granted, by or on behalf

application entry of the Minister, a protection application entry permission.
permission.
(2) A protection application entry permission operates to allow a 5

protection applicant to enter or, as the case may be, to remain in the
State for the sole purpose of having his or her protection appli-
cation investigated.
(3) The grant of a protection application entry permission under

subsection (1) does not, of itself— 10
(a) entitle the protection applicant to reside in the State,
(b) oblige the Minister to grant to the protection applicant any

form of residence permission under this Act, or
(c) confer any entitlement on the protection applicant to

remain in the State when, in accordance with subsection 15
(4), the permission is no longer valid.
(4) A protection application entry permission shall be valid until

whichever of the following first occurs:
(a) the date on which the protection application or appeal is

withdrawn or, as the case may be, deemed to be with- 20
drawn, under this Part;
(b) the date on which the protection application is, under

section 82, determined to be inadmissible,
(c) where the protection applicant is to be transferred under

section 119 or 120, as the case may be, the date of the 25
notification referred to in section 119(4)(c) or, as the case
may be, section 120(3)(c);
(d) where the Minister has determined under section 88 that

the protection applicant is not entitled to protection in
the State, the later of the following dates: 30
(i) where the protection applicant has appealed under

section 92 against the Minister’s determination, the
date on which notice is sent that the Tribunal has,
under section 96(2)(a), decided to affirm the deter-
mination of the Minister; or 35
(ii) where the protection applicant has not so appealed,

the latest date for making such an appeal specified
in the notification of the Minister’s determination of
the protection application;
(e) where the Minister has decided to grant a protection dec- 40

laration to the protection applicant the date on which a
protection permission is granted to the protection
applicant;
84
(f) where the Minister has, in accordance with section 89,
decided to grant a residence permission to the protection
applicant, the date on which that permission is granted.
(5) A protection applicant, for so long as he or she is the holder

5 of a valid protection application entry permission, shall—
(a) not leave or attempt to leave the State without the consent
of the Minister,
(b) not seek, enter or be in employment (including self-

employment) or engage for gain in any business, trade
10 or profession,
(c) inform the Minister of his or her address and any change
of address as soon as possible, and
(d) comply with either or both of the following conditions as

may be notified in writing to him or her by an immi-
15 gration officer or an authorised person:
(i) that he or she reside or remain in a specified district

or place in the State;
(ii) that he or she report at specified intervals to—
(I) an immigration officer or person nominated for

20 the purposes of this subsection by the Minister,
(II) a specified Garda Síochána station, or
(III) a specified immigration area office.
(6) (a) An immigration officer or an authorised person may, by

notice in writing, withdraw a condition referred to in sub-
25 section (5)(d) or vary it in a specified manner.
(b) A protection applicant to whom subsection (5)(d) applies

shall comply with any conditions that have been varied
in accordance with paragraph (a).
(7) A notification under subsection (5)(d) or (6) shall be in a lang-

30 uage that the protection applicant may reasonably be supposed to
understand, and shall—
(a) inform the protection applicant that, in the event he or she

fails to comply with a condition specified in the notifi-
cation, his or her protection application or, as the case
35 may be, appeal, may be deemed to have been with-
drawn, and
(b) contain a statement of the effect of section 6 and section

66.
(8) A protection applicant who contravenes subsection (5) or (6)

40 is guilty of an offence.
(9) Where a protection application entry permission is granted to

a protection applicant, he or she shall, subject to section 78, be issued
with a protection application entry permit.
85
(10) In this section, “authorised person” means a person author-
ised by the Minister to perform the functions conferred on an author-
ised person by this section.
Register of 76.—(1) The Minister shall cause to be established and main-

protection tained a register of foreign nationals to whom protection application 5
applicants.
entry permissions have been granted, which register shall be known
as the Register of Protection Applicants.
(2) The Register of Protection Applicants shall contain, in respect

of each protection applicant registered in it, the following
information: 10
(a) his or her name in which his or her protection application

entry permission was granted;
(b) his or her sex;
(c) his or her registration number;
(d) his or her nationality (unless he or she is a stateless 15

person);
(e) his or her country of origin;
(f) his or her date and place of birth;
(g) his or her date, place and mode of arrival in the State;
(h) the address of his or her dwelling place; 20
(i) the address of his or her dwelling place outside the State
immediately prior to his or her arrival in the State;
(j) a photograph sufficient to identify him or her;
(k) particulars of his or her travel document;
(l) whether he or she is an unaccompanied person under the 25

age of 18 years;
(m) the details referred to in paragraphs (a) to (k) as they

relate to any of his or her dependants, whether or not
such dependants are resident in the State.
(3) A protection applicant shall provide the Minister with such 30

information as the Minister considers necessary to enable the
creation of an accurate entry relating to the protection applicant in
the Register of Protection Applicants or, as the case may be, to main-
tain the accuracy of that Register—
(a) on being so required by the Minister, or 35
(b) whenever a matter arises or event occurs which affects or

might affect the accuracy of that Register relating to the
applicant concerned.
(4) A protection applicant who contravenes subsection (3) is

guilty of an offence. 40
86
(5) Without prejudice to sections 122 and 123, access to the infor-
mation contained in the Register of Protection Applicants shall be
confined to—
(a) an officer of the Minister,
5 (b) an immigration officer, and
(c) a member of the Garda Síochána,
who requires that information for any purpose under this Act.
77.—(1) A protection application entry permit shall contain— Protection

application entry
permit.
(a) the name, date of birth and nationality of the holder, so
10 far as they are known or can be established,
(b) a photograph sufficient to identify the holder, and
(c) such information as may be prescribed, including infor-

mation relating to the holder.
(2) A protection application entry permit, although issued,

15 remains the property of the Minister.
(3) A protection application entry permit is not an identity

document.
(4) A protection application entry permit ceases to be valid, and

the holder of it shall return it to the Minister without delay, after the
20 protection application entry permission concerned ceases to be valid
under section 75(4).
78.—(1) Where an immigration officer, under section 27(6), grants Procedures for issue
a protection application entry permission to a foreign national, the of protection
officer shall— application entry
permit where
foreign national is
25 (a) if it is practicable to do so, issue a protection application present at frontier.
entry permit to the foreign national at the frontier con-
cerned, and
(b) if it is not practicable to issue that permit to the foreign

national in accordance with paragraph (a), require the
30 foreign national to remain in a place specified by the
officer so as to facilitate the issue of a protection appli-
cation entry permit to the foreign national as a matter
of priority.
(2) An immigration officer shall furnish to a foreign national to

35 whom subsection (1)(b) applies a notice in writing, in a language
that the foreign national may reasonably be supposed to understand,
setting out the following:
(a) that the foreign national will as soon as practicable be

issued with a protection application entry permit;
40 (b) that the foreign national is required to remain in the place

specified in the notice until arrangements can be made
for the issue to him or her of the permit;
87
(c) that the foreign national is required to co-operate as neces-
sary in the making of those arrangements, including per-
mitting himself or herself to be brought to a place where
the permit can be issued;
(d) that failure to remain in the place specified in the notice 5

or to co-operate in the making of arrangements for the
issue of a protection application entry permit—
(i) is an offence,
(ii) will result in the foreign national’s protection appli-

cation being deemed to be withdrawn, and 10
(iii) renders the foreign national unlawfully present in the

State, under an immediate and continuing obligation
to leave the State and liable to be removed from the
State in accordance with the provisions of this Act
and, if necessary, to be arrested, or arrested and 15
detained, for that purpose.
(3) A foreign national who is subject to a requirement under sub-

section (1)(b) shall co-operate so far as necessary and practicable in
the making of arrangements for the issue to him or her of a protec-
tion application entry permit. 20
(4) The arrangements referred to in subsection (3) may include

the bringing of the foreign national to a place where the protection
application entry permit can be issued.
(5) A foreign national is guilty of an offence if he or she—
(a) fails to comply with a requirement imposed under subsec- 25

tion (1)(b), or
(b) contravenes subsection (3).
Arrest and 79.—(1) An immigration officer or a member of the Garda Síoch-

detention of ána may arrest a protection applicant and detain him or her in a
protection prescribed place, (in this section referred to as a “place of 30
applicants in certain
circumstances. detention”), being a prison or other place in the charge of a gov-
ernor, an immigration officer or a member of the Garda Síochána,
where that officer or member, with reasonable cause, suspects that
the protection applicant—
(a) poses a threat to public security or public order in the 35

State,
(b) has committed a serious non-political crime outside the

State,
(c) has not made reasonable efforts to establish his or her

identity, 40
(d) intends to avoid removal from the State in the event of

his or her application being transferred under section 119
or 120,
(e) intends to leave the State and without lawful authority

enter another state, 45
(f) without reasonable cause—
88
(i) has destroyed his or her identity or travel document,
or
(ii) is or has been in possession of a forged, altered or

substituted identity document,
5 (g) was, immediately before the making of the protection

application, a person who was being, or was to be,
removed from the State under section 59 (otherwise than
on foot of a refusal under section 29) and has made the
protection application for the purpose of delaying his or
10 her removal from the State, or
(h) has made the application for the purpose referred to in

paragraph (g) and the application is one to which section
97 applies.
(2) A person detained under this section shall, as soon as practi-

15 cable, be brought before a judge of the District Court assigned to
the District Court district in which the person is being detained.
(3) Where a person is brought before a judge of the District Court

under subsection (2), the judge may—
(a) subject to subsection (5), and if satisfied that one or more

20 of the paragraphs of subsection (1) apply in relation to
the person, commit the person concerned to a place of
detention for a period not exceeding 21 days from the
time of his or her detention, or
(b) without prejudice to subsection (5), release the person and

25 make such release subject to conditions, including con-
ditions requiring him or her to—
(i) reside or remain in a specified district or place in the

State,
(ii) report at specified intervals to a specified Garda

30 Síochána station or immigration area office,
(iii) surrender any travel document that he or she holds, or
(iv) enter into a recognisance, with or without surety or

sureties, subject to such conditions as the judge con-
siders appropriate.
35 (4) Section 60(10) shall apply to a recognisance entered into under

subsection (3)(b)(iv) as if the references in section 60(10) to the High
Court were references to the judge of the District Court.
(5) If, at any time during the detention of a person under this
section, an immigration officer or a member of the Garda Síochána
40 is of the opinion that none of the paragraphs of subsection (1) applies
in relation to the person, the person shall, as soon as practicable, be
brought before a judge of the District Court assigned to the District
Court district where the person is being detained and, if the judge is
satisfied that none of the paragraphs of subsection (1) applies in
45 relation to the person, the judge shall release the person.
(6) Where a person is released from a place of detention subject

to one or more of the conditions referred to in subsection (3)(b), a
judge of the District Court assigned to the District Court district in
which the person’s dwelling place is situated may, on the application
89
of the person, an immigration officer or a member of the Garda
Síochána, if the judge considers it appropriate to do so, vary, revoke
or add a condition to the release.
(7) Subject to subsection (8), subsections (1) to (6) shall not apply
to a person who is under the age of 18 years. 5
(8) If, and for so long as, the immigration officer or, as the case
may be, the member of the Garda Síochána concerned has reason-
able grounds for believing that the person is not under the age of 18
years, the provisions of subsections (1) to (6) shall apply as if he or
she had attained the age of 18 years. 10
(9) Where an unmarried person under the age of 18 years is in

the custody of another person (whether his or her parent or a person
acting in loco parentis or any other person) and that other person is
detained under the provisions of this section, the immigration officer
or the member of the Garda Síochána concerned shall, without 15
delay, notify the Health Service Executive of the detention and of
the circumstances thereof.
(10) A member of the Garda Síochána may arrest without war-

rant and detain, in a place of detention, a person who, in the
member’s opinion, has failed to comply with a condition imposed by 20
the District Court under subsection (3)(b).
(11) A person detained under subsection (10) shall be brought as

soon as practicable before a judge of the District Court assigned to
the District Court district in which the person is being detained, and
subsections (3), (4) and (5) shall apply to such person detained under 25
subsection (10) as they apply to a person detained under subsection
(1), the references in those subsections to the judge’s being satisfied
that one or more of the paragraphs of subsection (1) applies being
construed as a reference to his or her being satisfied that the person
has failed to comply with a condition referred to in subsection (3)(b). 30
(12) If a judge of the District Court is satisfied in relation to a

person brought before him or her under subsection (11) that the per-
son has complied with the condition referred to in subsection (3)(b),
the judge shall order the release of the person.
(13) Where a judge of the District Court commits a person to a 35

place of detention under subsection (3) or (11), a judge of the District
Court assigned to the District Court district in which the person is
being detained may, if satisfied that one or more of the paragraphs
of subsection (1) applies in relation to the person, commit him or her
for further periods (each period being a period not exceeding 21 40
days) pending the determination of the person’s protection
application.
(14) (a) If, at any time during the detention of a person under this
section, the person indicates a desire to leave the State,
he or she shall, as soon as practicable, be brought before 45
a judge of the District Court assigned to the District
Court district in which the person is being detained.
(b) The judge shall, if satisfied that—
(i) the person does not wish to proceed with his or her
protection application and wishes to leave the 50
State, and
90
(ii) the person has obtained, or has been given the oppor-
tunity of obtaining or being provided with, pro-
fessional legal advice on the consequences of his or
her decision not to proceed with his or her protec-
5 tion application,
order the Minister to arrange for the removal of the per-

son from the State, and may include in the order such
ancillary or consequential provisions as he or she may
determine.
10 (c) On the making of the order referred to in paragraph (b),

the person shall be deemed to have withdrawn his or her
protection application.
(15) A person detained under this section is entitled to—
(a) consult a solicitor,
15 (b) have notification of his or her detention, the place of his

or her detention and every change in that place sent to
the High Commissioner and to another person reason-
ably nominated by the detained person for the purpose,
and
20 (c) the assistance of an interpreter for the purpose of consul-

tation with a solicitor under paragraph (a) and for the
purpose of any appearance before a court under this
section.
(16) An immigration officer or, as the case may be, a member of

25 the Garda Síochána detaining a person under subsection (1) or (10)
shall, without delay, inform the person or cause him or her to be
informed, in a language that he or she may reasonably be supposed
to understand—
(a) that he or she is being detained under this section,
30 (b) that he or she will, as soon as practicable, be brought

before a court which shall determine whether or not he
or she should be committed to a place of detention or
released pending a determination of his or her protec-
tion application,
35 (c) of his or her entitlements under subsection (15), and
(d) that he or she is entitled to leave the State at any time

during the period of his or her detention and, if he or she
indicates a desire to do so, he or she will, in accordance
with subsection (14), be brought before a court as soon
40 as practicable, and the court may make such orders as
may be necessary for his or her removal from the State.
(17) The immigration officer or, as the case may be, the member
of the Garda Síochána concerned shall also explain to a person
detained under subsection (1) or (10), in a language that the person
45 may reasonably be supposed to understand, that, if he or she does
not wish to exercise a right specified in subsection (15) immediately,
he or she will not be precluded thereby from doing so later.
(18) The immigration officer or, as the case may be, the member
of the Garda Síochána, shall notify the Minister and, if the person
91
detained has appealed under section 92, the Tribunal, of the deten-
tion or release of a person under this section.
(19) In this section, “substituted identity document” means an

identity document that does not relate to the person who is or has
been in possession of the document and which the person in pos- 5
session of the document has used or intends to use for the purposes
of establishing identity.
Priority to be given 80.—The Minister or the Tribunal, as the case may be, shall ensure
to detained that the protection application or the appeal, as the case may be, of
protection a person detained under subsection (1), (3) or (10) of section 79 shall 10
applicants.
be dealt with as soon as practicable and, if necessary, before any
other protection application or appeal, as the case may be, of a per-
son not so detained.
Chapter 3
Protection application procedure 15
Protection 81.—(1) Subject to section 29(4), a foreign national, whether law-

application and fully or unlawfully in the State, may make a protection application
information to be to the Minister.
given to protection
applicant about
procedure. (2) A foreign national who has given an indication referred to in
section 27(6) or who makes a protection application under subsection 20
(1) shall be interviewed by an officer of the Minister or an immi-
gration officer at such times as may be specified by the officer con-
cerned, and the foreign national shall make himself or herself avail-
able for such interview at the times so specified.
(3) An interview of a person under subsection (2) (the “prelimin- 25

ary interview”) shall be conducted so as to serve the purpose of
establishing, among other things—
(a) whether the person wishes to make a protection appli-

cation and, if he or she does so wish, the general grounds
upon which the application is based, 30
(b) the identity of the person,
(c) the nationality of the person,
(d) the country of origin of the person,
(e) the means of transport used, the route travelled by the

person to the State and details of any person who assisted 35
the person in travelling to the State,
(f) the reason why the person came to the State,
(g) the legal basis for the entry into or presence in the State
of the person, and
(h) whether any of the circumstances referred to in section 40

82(1) may apply.
(4) A preliminary interview shall, where necessary, be conducted

with the assistance of an interpreter.
92
(5) A record of a preliminary interview shall be kept by the officer
conducting it and a copy of it shall be furnished to the person and,
if the preliminary interview was conducted by an immigration officer
who is not an officer of the Minister, to the Minister.
5 (6) (a) Where it appears to an officer referred to in this section

that the foreign national who is applying under subsection
(1), or who is the subject of a preliminary interview, is
under the age of 18 years and is not accompanied by an
adult who is taking responsibility for the care and protec-
10 tion of the foreign national concerned, the officer shall,
as soon as practicable, notify the Health Service Execu-
tive of that fact.
(b) After the notification referred to in paragraph (a)—
(i) it shall be presumed that the foreign national is a child

15 in need of care and protection, and
(ii) the Child Care Acts 1991 to 2007 and other enact-
ments relating to the care and welfare of persons
under the age of 18 years shall apply accordingly.
(7) (a) Where a foreign national who is applying under subsection

20 (1), or who is the subject of a preliminary interview, is
under the age of 18 years and accompanied by an adult,
any officer referred to in this section, where he or she
considers it appropriate to do so, shall require that adult
to satisfy him or her that the adult is taking responsibility
25 for the care and protection of the foreign national
concerned.
(b) For the purposes of paragraph (a), the officer may make
such inquiries of or about the foreign national concerned,
and the adult, as the officer considers necessary in order
30 to satisfy himself or herself that the adult is taking the
responsibility referred to in paragraph (a) and is author-
ised to do so.
(c) Where the officer (whether or not having made appro-

35 either that the adult is taking responsibility for the
foreign national or that the adult is authorised to do so,
he or she shall so inform the Health Service Executive,
and—
(i) it shall be presumed that the foreign national is a child

40 in need of care and protection, and
(8) Where it appears to the Health Service Executive, on the basis

45 of information available to it, that a protection application should be
made on behalf of the foreign national referred to in subsection (6)
or (7) or in section 28(6)(b), it shall arrange for the appointment of
an employee of the Health Service Executive or such other person
as it may determine to make such an application on behalf of the
50 foreign national.
(9) A protection application shall not be made by a person

appointed under subsection (8) unless the Health Service Executive
93
is satisfied, on the basis of the information available to it, that such
an application should be made.
(10) Any costs incurred by a person appointed under subsection

(8), other than any legal costs arising from a protection application,
shall be paid by the Health Service Executive. 5
(11) The officer conducting a preliminary interview shall inform

the foreign national being interviewed that he or she is entitled to
consult a solicitor and the High Commissioner.
(12) A protection application made by a foreign national under

subsection (1) shall be deemed to be made on behalf of— 10
(a) all the dependent children of the foreign national, who are
present in the State and under the age of 18 years at the
time of the making of the application, and
(b) the dependent children of the foreign national who are

born in the State, or who, being under the age of 18 years 15
at the time of their arrival, arrive in the State, after the
foreign national has made the application but before—
(i) the foreign national’s protection application entry

permission ceases to be valid under section 75(4), or
(ii) the foreign national, following a determination that 20

he or she is not entitled to protection in the State,
leaves or is removed from the State.
(13) A protection application under subsection (1) shall be made

in the prescribed form and presented by the protection applicant in
person, and shall include all details of the grounds on which— 25
(a) protection is being claimed, and
(b) in the event of protection not being granted, the protection

applicant considers that he or she should nevertheless be
permitted to remain in the State.
(14) The Minister shall notify the High Commissioner in writing 30

of the making of a protection application and the notice shall include
the name of the protection applicant, his or her country of origin and
such other information as the Minister considers appropriate.
(15) The Minister shall furnish a copy of the record of a prelimi-

nary interview to the High Commissioner whenever requested in 35
writing by the High Commissioner to do so.
(16) The Minister shall, as soon as practicable after receipt by him

or her of a protection application, give or cause to be given to the
protection applicant a statement in writing specifying, in a language
that the protection applicant may reasonably be supposed to 40
understand—
(a) the procedures to be followed in the investigation of pro-

tection applications under this Part,
(b) the entitlement of the protection applicant for the pur-

poses of his or her protection application to consult a 45
solicitor and, where necessary, to be provided with an
interpreter,
94
(c) the entitlement of the protection applicant to communi-
cate with the High Commissioner,
(d) the entitlement of the protection applicant to make sub-

missions in writing to the Minister,
5 (e) the duty of the protection applicant to co-operate with the

Minister and to furnish information relevant to his or her
protection application and to all other aspects of his or
her request to be given permission to remain in the State,
(f) the obligation of the protection applicant to comply with

10 conditions imposed under section 75, and
(g) the possible consequences of the failure of the protection

applicant to attend an interview under section 83, or to
comply with the obligations referred to in paragraphs (e)
and (f), including—
15 (i) the possibility that his or her protection application

may be deemed to be withdrawn with the result that
he or she will be determined not to be entitled to
protection in the State,
(ii) the expiration of the protection application entry per-

20 mission granted to him or her as a result of the
deemed withdrawal, and
(iii) the effect of sections 6 and 66.
(17) A protection application shall be considered to have been

made on the date on which a protection application entry permission
25 has been granted to the protection applicant.
82.—(1) The Minister shall determine a protection application to Inadmissible

be inadmissible if any of the following circumstances applies: protection
applications.
(a) another Member State has granted refugee status or sub-
sidiary protection status to the protection applicant;
30 (b) a country other than a Member State is, in accordance

with subsection (2), a first country of asylum for the pro-
tection applicant;
(c) the application is made by the holder of a residence per-

mission granted or deemed to have been granted under
35 this Act that is subject to conditions that are the same, or
equivalent to, those that apply to a protection declaration
under section 109(4);
(d) the application is made by the holder of an entry per-

mission or a residence permission that allows him or her
40 to enter or, as the case may be, be present in the State
pending consideration by the Minister of whether he or
she will be granted a residence permission referred to in
paragraph (c).
(2) A country is a first country of asylum for a protection appli-

45 cant if he or she—
(a) (i) has been recognised in that country as a refugee and

can still avail himself or herself of that protection, or
95
(ii) otherwise enjoys sufficient protection in that country,
including benefiting from the principle of non-
refoulement,
and
(b) will be re-admitted to that country. 5
(3) Where, under subsection (1), the Minister determines a pro-

tection application to be inadmissible—
(a) any investigation of the protection application shall be

terminated,
(b) the report referred to in section 88(1) shall not be prepared 10

but another report shall be prepared in writing, which
shall include a statement that the protection application
has been determined to be inadmissible and the reasons
for that determination,
(c) the Minister shall notify in writing the protection appli- 15

cant, and his or her legal representative (if known) of the
determination, which notification shall include—
(i) a copy of the report under paragraph (b),
(ii) a statement of the date on which the protection appli-

cant’s protection application entry permission 20
ceases, under section 75, to be valid,
(iii) if the Minister has decided to make a non-return

order under section 55 in conjunction with the deter-
mination, a statement of—
(I) that fact and the reasons for it, and 25
(II) the exclusion period concerned, and
(III) a statement of the effect of paragraph (a) and of

sections 6 and 66, and
(d) the Minister shall notify the High Commissioner of the

determination that the protection application is inad- 30
missible.
Minister’s 83.—(1) (a) Subject to sections 82, 119 and 120, the Minister shall
investigation of investigate each protection application for the purpose of
protection determining whether—
applications.
(i) the protection applicant is entitled to protection in the 35

State, or
(ii) notwithstanding that the protection applicant is not so

entitled, he or she will be granted a residence per-
mission in accordance with section 89.
(b) Nothing in paragraph (a) shall be construed as conferring 40

any entitlement on a protection applicant who is not
entitled to protection in the State to be granted a resi-
dence permission in accordance with section 89.
96
(2) As part of an investigation under subsection (1), the Minister
shall cause the protection applicant to be interviewed at such time
and place that the Minister may fix.
(3) An interviewer conducting an interview under subsection (2)

5 may, where he or she considers it necessary to do so, interview any
dependants of the protection applicant being so interviewed.
(4) An interview under subsection (2) or (3) shall, where neces-

sary, be conducted with the assistance of an interpreter who is able
to ensure appropriate communication between the person being
10 interviewed and the interviewer.
(5) The requirement in subsection (4) shall be regarded as com-

plied with if interpretation is provided in a language that the person
being interviewed may reasonably be supposed to understand and in
which he or she is able to communicate.
15 (6) An interview under subsection (2) or (3) shall take place—
(a) without the presence of other members of the protection

applicant’s family unless the interviewer considers it
necessary for an appropriate examination to have other
family members present, and
20 (b) under conditions which ensure appropriate confidentiality.
(7) The following may be present at an interview under subsection

(2) or (3):
(a) the High Commissioner, whenever he or she so requests,

and
25 (b) the protection applicant’s legal representative or a person

nominated by that legal representative, with the consent
of the protection applicant.
(8) (a) Where a protection applicant is under the age of 18 years

and is accompanied by an adult other than his or her
30 parent, the interviewer, where he or she considers it
appropriate to do so, shall require the adult to satisfy him
or her that the adult is taking responsibility for the care
and protection of the protection applicant concerned.
(b) For the purposes of paragraph (a), the interviewer may

35 make such inquiries of or about the protection applicant
and the adult concerned as the interviewer considers
necessary in order to satisfy himself or herself that the
adult is taking the responsibility referred to in paragraph
(a) and is authorised to do so.
40 (c) Where the interviewer (whether or not having made

appropriate enquiries under paragraph (b)) is not satis-
fied either that the adult is taking responsibility for the
protection applicant or that the adult is authorised to do
so, he or she shall so inform the Health Service Execu-
45 tive, and—
(i) it shall be presumed that the protection applicant is a

child in need of care and protection, and
97
(9) The Minister may prescribe the conditions governing the pres-
ence of third parties at an interview under subsection (2) or (3). 5
(10) An interview under subsection (2) or (3) may be dispensed

with where the Minister is of the opinion that—
(a) based on the available evidence, the protection applicant

is a refugee,
(b) where the protection applicant is a minor, he or she is of 10

such an age and degree of maturity that an interview
would not usefully advance the investigation, or
(c) the protection applicant is unfit or unable to be inter-

viewed owing to circumstances that are enduring and
beyond his or her control. 15
(11) Subsection (10) shall not of itself operate to—
(a) prevent information relating to the protection application

from being submitted to the Minister by or on behalf of
the protection applicant,
(b) prevent the Minister from making a final determination in 20

respect of the application, or
(c) adversely affect the final determination of the application.
(12) The protection applicant, the High Commissioner or any

other person concerned may make representations in writing to the
Minister in relation to any matter relevant to an investigation by him 25
or her under this section and the Minister shall take account of any
such representations made before or during an interview under sub-
section (2) or (3).
(13) Subsection (12) shall not be construed as preventing the

Minister from taking into account any representations made follow- 30
ing an interview under subsection (2) or (3) provided that such rep-
resentations are made prior to the determination referred to in
section 88(2).
(14) Nothing in the Data Protection Acts 1988 and 2003 shall be
construed as prohibiting an information holder from giving to the 35
Minister, under section 121, on request by him or her, such infor-
mation as is in the information holder’s possession or control relating
to the protection application.
(15) The procedures to be followed in investigations under this

section may be prescribed and different procedures may be pre- 40
scribed for different classes of applications.
Burden of proof. 84.—(1) Subject to section 70(8), at all times during the consider-
ation of a protection application, including an appeal under section
92, the onus shall lie on a protection applicant to establish that he or
she is entitled to protection in the State. 45
98
(2) The Minister shall, in co-operation with the protection appli-
cant, assess the relevant elements of the protection application and
all other aspects of the claim to remain in the State.
(3) The Tribunal shall, for the purpose of an appeal, in co-oper-

5 ation with the protection applicant, assess the relevant elements of
the protection application.
85.—(1) The Minister shall assess the credibility of a protection Credibility.

applicant for the purposes of—
(a) the investigation of his or her protection application, and
10 (b) the consideration of whether the protection applicant

should be allowed to remain in the State on other
grounds.
(2) The Tribunal shall assess the credibility of a protection appli-

cant for the purposes of the determination of an appeal in respect of
15 his or her protection application.
(3) In assessing the credibility of a protection applicant under sub-

section (1) or (2), the Minister or Tribunal, as the case may be, may
have regard to such factors as the Minister or the Tribunal considers
relevant, including the following:
20 (a) whether the protection applicant possesses identity docu-

ments, and, if not, whether he or she has provided a
reasonable explanation for the absence of any such
documents;
(b) where the protection applicant has forged, destroyed or

25 disposed of any identity or other documents relevant to
his or her application, whether he or she has provided a
reasonable explanation for so doing;
(c) whether the protection applicant has provided a reason-

able explanation to substantiate his or her claim that the
30 State is the first safe country in which he or she has
arrived since departing from his or her country of origin;
(d) where the protection application was made elsewhere than

at a frontier of the State, whether the protection appli-
cant has provided a reasonable explanation to show why
35 he or she did not claim protection immediately on arriv-
ing at a frontier of the State (unless the application is
grounded on events which have taken place since his or
her arrival in the State);
(e) whether the protection applicant has provided a full and

40 true explanation of how he or she travelled to or arrived
in the State;
(f) whether the protection applicant has made false or mis-

leading representations in relation to his or her appli-
cation including by withholding relevant information or
45 documents with respect to his or her identity or national-
ity that could have a negative impact on the decision;
(g) whether the protection applicant has made inconsistent,

contradictory, improbable or insufficient representations;
99
(h) whether the protection applicant, without reasonable
cause, has made the protection application following
receipt of a notification of a decision or proposal to
revoke or not to renew his or her entry or residence per-
mission or any other notification to the effect that his or 5
her presence in the State is unlawful, or following the
commencement of arrangements for his or her removal
from the State under this Act;
(i) whether the protection applicant has, without reasonable

cause, failed to comply with the requirements of section 10
75(5)(a), (c) or (d) or section 75(6);
(j) whether the protection applicant has complied with the

requirements of section 86;
(k) whether, in the case of an appeal under section 92, the

protection applicant has furnished information in relation 15
to the appeal which he or she could reasonably have fur-
nished during the investigation of the application by the
Minister but did not so furnish.
Duty to co-operate. 86.—(1) It shall be the duty of a protection applicant to co-

operate in— 20
(a) the investigation of his or her protection application,
(b) the determination of an appeal in respect of his or her

protection application, and
(c) the consideration of whether he or she should be allowed

to remain in the State on other grounds. 25
(2) In complying with subsection (1), a protection applicant shall

furnish to the Minister or the Tribunal, as the case may be, as soon
as reasonably practicable, all relevant information in his or her pos-
session, control or procurement.
(3) Subsection (1) shall apply in respect of all persons on whose 30

behalf a protection application is made.
(4) Without prejudice to the generality of subsections (2) and (3),

the information referred to in those subsections includes information
on the country of origin, biometric information and all statements
made by the protection applicant and all documentation at the pro- 35
tection applicant’s disposal regarding his or her—
(a) age,
(b) background (including that of relevant relatives),
(c) country or countries and place or places of previous

residence, 40
(d) identity,
(e) identity and travel documents,
(f) nationality or nationalities,
(g) previous protection applications,
100
(h) reasons for applying for protection or for otherwise wish-
ing to remain in the State, and
(i) travel routes and details of persons who assisted the pro-
tection applicant in travelling to the State.
5 87.—(1) The Minister and the Tribunal and their respective Protection of
officers shall take all practicable steps to ensure that the identity of identity of
protection applicants is kept confidential. protection
applicants.
(2) A person shall not, without the consent of that protection

applicant, publish in a written publication available to the public or
10 broadcast, or cause to be so published or broadcast, information
likely to lead members of the public to identify a person as a protec-
tion applicant.
(3) If any matter is published or broadcast in contravention of

subsection (2), the following persons are guilty of an offence:
15 (a) in the case of a publication in a newspaper or periodical,

the proprietor, the editor and the publisher of the news-
paper or periodical,
(b) in the case of any other publication, the person who pub-
lishes it,
20 (c) in the case of matter that is a programme that is broadcast,

any person who transmits or provides the programme in
which the broadcast is made, and any person having func-
tions in relation to the programme corresponding to
those of the editor of a newspaper, and
25 (d) in the case of matter that is broadcast but is not a prog-

ramme, the person responsible for broadcasting the
matter and any person having functions in relation to the
website or other medium of communications correspond-
ing to those of the editor of a newspaper.
30 (4) Where a person is charged with an offence under subsection

(3) it shall be a defence to prove that at the time of the alleged
offence he or she was not aware, and neither suspected nor had
reason to suspect, that the publication or broadcast in question was
of such matter as is referred to in subsection (2).
35 (5) In this section—
“broadcast” means the transmission, relaying or distribution by wire-

less telegraphy or cable of communications, sounds, signs, visual
images or signals intended for direct reception by the general public,
whether such communications, sounds, signs, visual images or signals
40 are actually received or not, and includes the publication of such
communications, sounds, signs, visual images or signals through the
medium of the internet;
“written publication” includes a film, a sound track and any other

record in permanent form (including a record that is not in a legible
45 form but which is capable of being reproduced in a legible form) but
does not include an indictment or other document prepared for use
in particular legal proceedings.
101
Determination and 88.—(1) The Minister shall cause a written report to be prepared
report of under this section following the conclusion of an investigation of a
investigation of protection application.
protection
application.
(2) The report under subsection (1) shall—
(a) refer to the matters relevant to the protection application 5

which are—
(i) raised by the protection applicant, in an interview

under section 83 or a preliminary interview under
section 81 or at any time before the conclusion of the
investigation, and 10
(ii) other matters the Minister considers appropriate, and
(b) set out the findings of the Minister together with his or her
determination in relation to the protection application.
(3) The determination referred to in subsection (2) shall be that—
(a) the protection applicant, along with, as the case may be, 15
his or her dependants on whose behalf the application
was made or deemed to have been made, is entitled to
protection in the State as a refugee and, subject to section
109(7), will be granted a protection declaration,
(b) the protection applicant, along with, as the case may be, 20
his or her dependants on whose behalf the application
was made or deemed to have been made, is not entitled
to protection in the State as a refugee but is entitled to
protection in the State as a person eligible for subsidiary
protection and, subject to section 109(7), will be granted 25
a protection declaration, or
(c) neither the protection applicant nor any of his or her

dependants on whose behalf the application was made or
deemed to have been made, is entitled to protection in
the State and he, she or they will not be permitted to 30
remain in the State.
(4) Where a report under subsection (1) includes the determi-

nation specified in subsection (3)(c), the findings of the Minister in
that report may include one or more of the following:
(a) that the application showed either no basis or a minimal 35

basis for the contention that the protection applicant is
in need of protection in the State;
(b) that the protection applicant made statements or provided

information in support of the application of such a false,
contradictory, misleading or incomplete nature as to lead 40
to the conclusion that the application is manifestly
unfounded;
(c) that the protection applicant, without reasonable cause,

failed to provide identity documents or provided false
identity documents; 45
(d) that the protection applicant, without reasonable cause,

failed to make an application as soon as reasonably prac-
ticable after arrival in the State;
102
(e) that the application was one to which section 97 applies;
(f) that the protection applicant had lodged a prior protection

application in another Member State or state party to the
Geneva Convention (whether or not that application had
5 been determined, granted or rejected);
(g) that the country of origin of the protection applicant is a

country for the time being designated as a safe country
of origin under section 117, and the protection applicant
has not shown any reasonable grounds for considering
10 that, notwithstanding that designation, he or she, in his
or her particular circumstances, is entitled to protection
in the State;
(h) that the protection applicant has, without reasonable

cause, failed to comply with the requirements of para-
15 graph (a), (c) or (d) of section 75(5) or section 75(6).
(5) Where a determination referred to in subsection (2) cannot be

made within 6 months of the date of application then the Minister
shall, upon request from the protection applicant, provide the protec-
tion applicant with information on the estimated time within which
20 a determination may be made.
(6) The provision under subsection (5) by the Minister of an esti-

mated time within which a determination may be made shall not of
itself oblige the Minister to make a determination within that time.
89.—Where, on the basis of the findings referred to in section Minister’s discretion

25 88(2)(b), the Minister is preparing to make a determination referred to grant residence
to in section 88(3)(c), the Minister shall also decide, in his or her permission in
certain
absolute discretion, whether to grant a residence permission to the circumstances.
protection applicant concerned (and his or her dependants on whose
behalf the application was made or deemed to have been made)
30 despite that determination, but only if the Minister is satisfied that
there are compelling reasons that arise from the matters referred to
in section 88(2)(a) which prevent the Minister from removing the
applicant or dependant concerned, or otherwise justify permitting
that applicant and, as the case may be, those dependants to remain
35 in the State.
90.—(1) A protection applicant may withdraw his or her protec- Withdrawal or

tion application by sending notice of withdrawal to the Minister. deemed withdrawal
of protection
application.
(2) Where a protection applicant does not attend for an interview
under section 83 on the date and at the time fixed for such interview
40 then, unless he or she, not later than 3 working days from that date,
furnishes the Minister with an explanation for the non-attendance
which in the opinion of the Minister is reasonable in the circum-
stances, his or her protection application shall be deemed to be
withdrawn.
45 (3) Where—
(a) in the opinion of the Minister a protection applicant has

failed, or is failing, in his or her duty to co-operate under
section 86, or
(b) the Minister is of the opinion that the protection applicant

50 is in breach of section 75(5)(a), (c) or (d) or section 75(6),
103
then the Minister may send to the protection applicant or his or her
legal representative (if known) written notice of his or her opinion.
(4) The Minister, in the notice under subsection (3), shall also—
(a) require the protection applicant to confirm in writing

within 10 working days of the date of the notice that he 5
or she wishes to continue with his or her protection
application,
(b) remind the protection applicant of his or her duty to co-

operate under section 86 and to comply with any require-
ments that have been or may be imposed on him or her 10
under paragraph (a), (c) or (d) of section 75(5) or section
75(6), and
(c) include a statement of the consequences specified in sub-

section (5).
(5) The consequences referred to in subsection (4)(c) are that a 15

protection applicant’s application shall be deemed to be withdrawn,
and that subsection (7) shall apply accordingly, if the protection
applicant—
(a) does not furnish the confirmation referred to in subsection

(4)(a), or 20
(b) having furnished such a confirmation, in the opinion of the

Minister fails or continues to fail to comply with any of
the obligations referred to in subsection (4)(b).
(6) Where a protection applicant to whom section 78(1)(b) applies

fails to remain in the place specified in a notice furnished under 25
section 78(2) or to co-operate in the making of arrangements for the
issue to him or her of a protection application entry permit, his or her
protection application shall thereupon be deemed to be withdrawn.
(7) Where a protection application is withdrawn or deemed to be

withdrawn under this Part— 30

terminated,
(b) the report referred to in section 88(1) shall not be prepared

shall— 35
(i) state that the application has been withdrawn or

deemed to have been withdrawn, as the case may be,
(ii) state the reasons for the withdrawal or deemed with-

drawal, and
(iii) include a determination that the protection applicant 40

concerned is not entitled to protection in the State,
(c) the Minister shall notify in writing the protection applicant

and his or her legal representative (if known) that the
application has been withdrawn or deemed to be with-
drawn, as the case may be, which notification shall 45
include—
104
cant’s protection application entry permission

5 order under section 55 in conjunction with the deter-
mination, a statement of—
(I) that fact and the reasons for it, and
(iv) a statement of the effect of paragraphs (a), and of

10 sections 6 and 66, and
(d) the Minister shall notify the High Commissioner that the
application has been withdrawn or deemed to have been
withdrawn, as the case may be.
91.—(1) The Minister shall notify the protection applicant, the Notification of
15 protection applicant’s legal representative (if known) and, whenever determination of
protection
so requested by him or her, the High Commissioner, of the Minister’s application at first
determination of the protection application under section 88(2). instance.
(2) Where the Minister’s determination under section 88(2) is one

referred to in paragraph (b) or (c) of section 88(3), the notification
20 under subsection (1) shall be accompanied by—
(a) a statement of the reasons for that determination,
(b) a copy of the report under section 88(1), and
(c) subject to subsection (3),—
(i) copies of any reports, documents or representations

25 in writing submitted to the Minister under section 83
and not already available to the protection applicant
or his or her legal representative, and
(ii) an indication in writing of the nature and source of

any other information relating to the application
30 which has come to the notice of the Minister in the
course of an investigation by him or her under that
section.
(3) Where the Minister’s determination under section 88(2) is that

referred to in section 88(3)(a), the notification under subsection (1)
35 need consist only of that fact.
(4) The notification under subsection (1) of a determination under

section 88(2) referred to in section 88(3)(b) or (c) shall inform the
protection applicant of any entitlement he or she has to appeal to the
Tribunal under subsection (5) or section 99(2) and of the procedures
40 specified in section 92.
(5) Where a report under section 88(1) includes—
(a) a determination that the protection applicant—
(i) is not entitled to protection in the State as a refugee,

or
105
(ii) is not entitled to protection in the State either as a
refugee or as a person eligible for subsidiary
protection,
and
(b) any of the findings in section 88(4), 5
then, subject to section 99(2), the protection applicant may, within

10 working days of the sending of the notification under subsection
(1), appeal to the Tribunal under section 92, and any such appeal will
be determined without an oral hearing.
Appeal to Tribunal. 92.—(1) A protection applicant may appeal, in accordance with 10

regulations under subsection (5) (if any), against a determination of
the Minister under section 88(2), referred to in paragraph (b) or (c)
of section 88(3), that the protection applicant—
(a) is not entitled to protection in the State as a refugee, or
(b) is not entitled to protection in the State either as a refugee 15

or as a person eligible for subsidiary protection.
(2) An appeal under subsection (1) shall be brought by notice in

writing—
(a) within 15 working days of the sending of the notification

referred to in section 91(1) or, as the case may be, within 20
the period specified in section 91(5) or section 99(2), as
appropriate, and
(b) specifying the grounds of appeal and, except in a case to

which section 91(5) or section 99(2) applies, indicating
whether the protection applicant wishes the Tribunal to 25
hold an oral hearing for the purpose of his or her appeal.
(3) The Tribunal shall notify the Minister and the High Com-
missioner of the making of the appeal.
(4) The Tribunal shall ensure that an appeal to which section

91(5) or section 99(2) applies shall be dealt with as soon as practi- 30
cable and, if necessary, before any other appeal.
(5) The Minister may prescribe procedures for and in relation to

appeals under subsection (1).
Oral hearings. 93.—(1) (a) Except where otherwise provided in section 91(5) or
99(2), the Tribunal shall, where appropriate, hold an oral 35
hearing for the purposes of an appeal under this Act.
(b) An oral hearing shall, subject to paragraph (c), be held

in private.
(c) The High Commissioner may be present at an oral hearing

for the purpose of observing the proceedings. 40
(2) For the purposes of an oral hearing, the Tribunal may—
(a) direct in writing any person, except the Minister or an

officer of the Minister, whose evidence is required by the
Tribunal to attend before the Tribunal on a date and at
106
a time and place specified in the direction and there to
give evidence and to produce any document or thing in
his or her possession or control specified in the direction,
(b) direct any such person to produce any specified document

5 or thing in his or her possession or control, and
(c) give any other directions for the purpose of an appeal that
appear to the Tribunal to be reasonable and just.
(3) The Minister may direct that any information contained in a

document or thing be withheld in the interests of national security,
10 public security or public order, or for reasons of public policy (“ordre
public”), and when he or she does so, subsections (2)(a) and (b) shall
not apply to a document or thing relating to such information.
(4) The Tribunal shall permit the protection applicant to be

present at and participate in the hearing and present his or her case
15 to the Tribunal in person or through his or her legal representative,
or a person nominated by that legal representative.
(5) The Tribunal shall permit the Minister or an officer of the

Minister to be present at and participate in the hearing and present
his or her case to the Tribunal in person or through a legal represen-
20 tative or other person.
(6) (a) An oral hearing shall, where necessary, be conducted with

the assistance of an interpreter who is able to ensure
appropriate communication between the persons partici-
pating in the hearing.
25 (b) The requirement in paragraph (a) shall be regarded as

complied with if interpretation is provided in a language
that a person participating in the hearing may reasonably
be supposed to understand and in which he or she is able
to communicate.
30 (7) An oral hearing under this section may be dispensed with

where the Tribunal is of the opinion that—
(a) where the protection applicant is under 18 years of age (in

this section referred to as a “minor”), he or she is of such
an age and degree of maturity that an oral hearing would
35 not usefully advance the appeal, or
(b) the protection applicant is unfit or unable to participate in

an oral hearing owing to circumstances that are enduring
and beyond his or her control.
(8) The application of subsection (7) shall not of itself—
40 (a) prevent information relating to the protection application

from being submitted to the Tribunal by or on behalf of
the protection applicant,
(b) prevent the Tribunal from making a final determination in

respect of the appeal, or
45 (c) adversely affect the final determination of the appeal.
(9) (a) Where a protection applicant is under the age of 18 years

and is accompanied by an adult other than his or her
parent, the Tribunal, where it considers it appropriate to
107
do so, may require the adult to satisfy it that he or she is
taking responsibility for the care and protection of the
protection applicant concerned.
(b) For the purposes of paragraph (a), the Tribunal may make
such inquiries of or about the protection applicant con- 5
cerned, and the adult, as the Tribunal considers necessary
in order to satisfy itself that the adult is taking the
responsibility referred to in paragraph (a) and is author-
ised to do so.
(c) Where the Tribunal (whether or not having made appro- 10

either that the adult is taking responsibility for the pro-
tection applicant or that the adult is authorised to do so,
it shall so inform the Health Service Executive, and—
(i) it shall thereupon be presumed that the protection 15

applicant is a child in need of care and protection,
and
under the age of 18 years shall apply accordingly. 20
(10) Subject to section 94(2), a witness whose evidence has been

or is to be given before the Tribunal shall be entitled to the same
privileges and immunities as a witness in a court.
(11) The Tribunal, where it considers it appropriate to do so in

the interest of the fair and efficient discharge of its business, may 25
decide to hold—
(a) a single oral hearing in respect of more than one appeal, or
(b) separate oral hearings in respect of each of a number of

protection applicants, notwithstanding that the protection
applicants are members of the same family or that the 30
applications are otherwise related.
(12) The Tribunal shall, subject to section 94(2)(b) and (c), furnish
the protection applicant concerned and his or her legal representa-
tive (if known) and the High Commissioner whenever so requested
by him or her with— 35
(a) copies of any report, observations, representations in writ-

ing or any other document furnished to the Tribunal by
the Minister, copies of which have not been previously
furnished to the protection applicant or, as the case may
be, the High Commissioner, and 40
(b) an indication in writing of the nature and source of any

other information having a direct bearing on the assess-
ment of whether the protection applicant is entitled to
protection in the State as a refugee or, as the case may
be, a person eligible for subsidiary protection, which has 45
come to the notice of the Tribunal in the course of an
appeal under this Part.
Appeal to Tribunal: 94.—(1) The Minister shall furnish the Tribunal with copies of the
provision of documents and information referred to in section 92(2) and of the
information. notification referred to in that section. 50
108
(2) (a) Where the Minister has withheld information from a pro-
tection applicant under section 144(3) he or she may also
withhold such information from the Tribunal for the
reasons stated in that section.
5 (b) Where the Minister furnishes the Tribunal with infor-

mation which has been withheld from the protection
applicant under section 144(3), the Tribunal shall not dis-
close that information to the applicant.
(c) Where the Minister furnishes the Tribunal with infor-

10 mation to which section 144(4) relates, the Tribunal shall
not disclose that information otherwise than in accord-
ance with that subsection.
(3) The Tribunal may, for the purposes of its functions under this
Chapter, request the Minister to make such further inquiries and to
15 furnish the Tribunal with such further information as the Tribunal
considers necessary within such period as may reasonably be speci-
fied by the Tribunal.
(4) The Minister shall, subject to section 144(3) and (4) furnish
the Tribunal with observations in writing concerning any matter aris-
20 ing on the grounds of appeal whenever so requested by the Tribunal,
and a copy of such observations shall be furnished to the applicant
concerned and his or her legal representative (if known).
95.—(1) A protection applicant may withdraw his or her appeal Withdrawal and
to the Tribunal by sending notice of withdrawal to the Tribunal and deemed withdrawal
25 the Tribunal shall, as soon as practicable, notify the Minister of the of appeal. .
withdrawal.
(2) Where a protection applicant fails, without reasonable cause,

to attend before the Tribunal in accordance with—
(a) a direction issued under section 93(2)(a), or
30 (b) any arrangement made by the Tribunal under section 93(4)

to allow him or her to participate in a hearing, or present
his or her case to the Tribunal in person,
then, unless the protection applicant, not later than 3 working days
from the date specified in that direction or arranged under section
35 93(4) by the Tribunal, furnishes the Tribunal with an explanation for
the non-attendance which the Tribunal considers reasonable in the
circumstances, his or her appeal shall be deemed to be withdrawn.
(3) Where—
(a) in the opinion of the Tribunal a protection applicant has

40 failed, or is failing, in his or her duty to co-operate under
section 86, or
(b) the Minister notifies the Tribunal that he or she is of the

opinion that the protection applicant is in breach of para-
graph (a), (c) or (d) of section 75(5) or section 75(6), then
45 the Tribunal shall send to the protection applicant or his
or her legal representative (if known) written notice of
that opinion.
(4) The Tribunal, in the notice under subsection (3), shall also—
109
(a) require the protection applicant to confirm in writing
within 10 working days of the date of the notice that he
or she wishes to continue with his or her appeal,
(b) remind the protection applicant of his or her duty to co-

operate under section 86 and to comply with any require- 5
ments that have been or may be imposed on him or her
under paragraph (a), (c) or (d) of section 75(5) or section
75(6), and
(c) include a statement of the consequences specified in sub-

section (5). 10
(5) The consequences referred to in subsection (4)(c) are that a

protection applicant’s appeal shall be deemed to be withdrawn, and
subsection (7) shall apply, if the protection applicant—
(a) does not furnish the confirmation referred to in subsection

(4)(a), or 15
(b) having furnished such a confirmation, in the opinion of

the Tribunal fails or continues to fail to comply with the
obligations referred to in subsection (4)(b).
(6) Where an appeal is deemed to be withdrawn under this Part,

the Tribunal shall, as soon as practicable, notify the applicant, his or 20
her legal representative (if known) and the Minister of the deemed
withdrawal.
(7) Where an appeal is withdrawn, or deemed to be withdrawn

under this Part, then—
(a) the consideration of the appeal by the Tribunal shall be 25

terminated,
(b) the determination of the Minister under section 88(2) that

is the subject of the appeal shall remain in effect,
(c) no further appeal shall lie against the determination

referred to in paragraph (b), 30
(d) where the determination under section 88(2) is one

referred to in section 88(3)(c), the protection applicant
concerned is unlawfully present in the State and may be
removed from the State in accordance with the provisions
of this Act, 35
(e) the Minister shall notify the protection applicant in writing

in a language the protection applicant may reasonably be
supposed to understand, and the protection applicant’s
legal representative (if known), that the appeal has been
withdrawn or deemed to have been withdrawn, as the 40
case may be, which notification shall include a statement
of the effect of paragraphs (a) to (c),
(f) where paragraph (d) applies to the protection applicant

concerned, the notification referred to in paragraph (e)
shall also include— 45
(i) a statement of that fact,
110
cant’s protection application entry permission

5 order under section 55 in conjunction with the notifi-
cation, a statement of—
(I) that fact and the reasons for it, and
(iv) a statement of the effect of paragraph (d) and of

10 sections 6 and 66, and
(g) the Minister shall notify the High Commissioner that the
appeal has been withdrawn or deemed to have been with-
drawn, as the case may be.
96.—(1) Before reaching a decision under subsection (2) the Tri- Decision of
15 bunal shall consider the following: Tribunal on appeal.
(a) the notice under section 92(2);
(b) all material furnished to the Tribunal by the Minister

under section 94 that is relevant to the decision as to
whether the protection applicant is entitled to protection
20 in the State as a refugee or, as the case may be, a person
eligible for subsidiary protection;
(c) the determination of the Minister referred to in section

88(2);
(d) any observations made to the Tribunal by the Minister or

25 the High Commissioner; and
(e) where an oral hearing has been held, the evidence adduced
and any representations made at that hearing.
(2) The Tribunal may decide to—
(a) affirm a determination of the Minister—
30 (i) referred to in section 88(3)(b) that the protection

applicant is not entitled to protection in the State as
a refugee, or
(ii) referred to in section 88(3)(c) that the protection

applicant is not entitled to protection in the State
35 either as a refugee or as a person eligible for subsidi-
ary protection, or
(b) set aside a determination of the Minister—
(i) referred to in section 88(3)(b) that the protection

applicant is not entitled to protection in the State as
40 a refugee and recommend that the protection appli-
cant should be granted protection in the State as a
refugee, or
(ii) referred to in section 88(3)(c) that the protection

applicant is not entitled to protection in the State
111
either as a refugee or as a person eligible for subsidi-
ary protection and recommend that the protection
applicant should be granted protection in the State
as a refugee or, as the case may be, a person eligible
for subsidiary protection. 5
(3) (a) The Tribunal shall affirm a determination of the Minister

referred to in subsection (2)(a)(i) unless it is satisfied,
having considered the matters referred to in subsection
(1), that the protection applicant is a person entitled to
protection in the State as a refugee. 10
(b) The Tribunal shall affirm a determination of the Minister

referred to in subsection (2)(a)(ii) that the protection
applicant is not entitled to protection in the State unless
it is satisfied, having considered the matters referred to
in subsection (1), that the protection applicant is a person 15
entitled to protection in the State as a refugee or, as the
case may be, a person eligible for subsidiary protection.
(4) A decision of the Tribunal under subsection (2) and the

reasons therefore shall be communicated by the Tribunal to—
(a) the protection applicant concerned and his or her legal 20

representative (if known), and
(b) the Minister.
(5) A decision of the Tribunal under subsection (2) shall be com-

municated to the High Commissioner.
(6) A decision of the Tribunal shall become the final decision of 25

the Tribunal once it has been communicated to the protection appli-
cant or his or her legal representative (if known) under subsection
(4)(a).
Subsequent 97.—(1) A person may not make a subsequent protection appli-

protection cation without the consent of the Minister, given under this section. 30
application.
(2) An application for the consent referred to in subsection (1)

shall be accompanied by—
(a) a written statement of the reasons why the person con-

cerned considers that the Minister should consent to a
subsequent protection application being made, 35
(b) where the previous protection application or appeal was

withdrawn or deemed to be withdrawn, a written expla-
nation of the circumstances giving rise to the withdrawal
or deemed withdrawal of the application or appeal,
(c) all relevant information being relied upon by the person 40

concerned to demonstrate that he or she is entitled to
protection in the State, and
(d) a written statement drawing to the Minister’s attention any

new elements or findings relating to the examination of
whether he or she is entitled to protection in the State 45
which have arisen since his or her protection application
entry permission ceased to be valid.
112
(3) The Minister shall, as soon as practicable after receipt by him
or her of an application under subsection (2), give or cause to be
given to the person concerned a statement in writing specifying, in a
language that the person may reasonably be supposed to
5 understand—
(a) the procedures that are to be followed for the purposes of

this section,
(b) the entitlement of the person to communicate with the

High Commissioner,
10 (c) the entitlement of the person to make submissions in writ-

ing to the Minister,
(d) the duty of the person to co-operate with the Minister and
to furnish information relevant to his or her application,
and
15 (e) such other information as the Minister considers necessary

to inform the person of the effect of this section, and of
any other relevant provision of this Act.
(4) The Minister, pursuant to an application under subsection (2),

shall consent to a subsequent protection application being made
20 where he or she is satisfied that—
(a) since his or her protection application entry permission

ceased to be valid, new elements or findings have arisen
or have been presented by the person concerned which
makes it significantly more likely that the person will
25 qualify for protection in the State, and
(b) the person was, through no fault of the person, incapable

of presenting those elements or findings for the purposes
of his or her previous protection application (including,
as the case may be, any appeal under section 92).
30 (5) Where the Minister, under subsection (4)—
(a) consents to the making of a subsequent protection appli-

cation, he or she shall, as soon as practicable, notify the
person concerned of that fact, and
(b) refuses to consent to the making of a such a subsequent

35 protection application, he or she shall, as soon as practi-
cable, notify the person concerned of that fact and of the
reasons for it and of how a review of that decision may
be sought.
98.—(1) Where, in the performance by the Minister of his or her Report in relation
40 functions under this Act in relation to a protection applicant, a ques- to health of
tion arises regarding the physical or psychological health of the pro- protection
applicant.
tection applicant, the Minister may require the protection applicant
to be examined and a report furnished by a nominated registered
medical practitioner in relation to the health of the protection
45 applicant.
(2) Where, in the performance by the Tribunal of its functions

under this Act in relation to a protection applicant, a question arises
regarding the physical or psychological health of the protection
applicant, the Tribunal may require the protection applicant to be
113
examined and a report furnished by a nominated registered medical
practitioner in relation to the health of the protection applicant.
(3) For the purposes of this section, “nominated registered medi-

cal practitioner” means such registered medical practitioner as the
Minister may nominate from time to time. 5
Accelerated 99.—(1) Notwithstanding any other provision of this Part, the

procedure in certain Minister may investigate protection applications of such classes as
cases. . may be prescribed, in accordance with such accelerated procedures
as he or she considers appropriate in the circumstances.
(2) Where a report under section 88(1) in respect of a protection 10

application referred to in subsection (1) includes—
(a) a determination that the protection applicant—
(i) is not entitled to protection in the State as a refugee,

or
(ii) is not entitled to protection in the State either as a 15

refugee or as a person eligible for subsidiary
protection,
and
(b) any of the findings in section 88(4),
then, subject to subsections (3) and (4), the protection applicant may, 20
within 4 working days of the notification of the Minister’s determi-
nation of the application being received by, or, if earlier, deemed
under section 136 to have been duly given, to him or her, appeal to
the Tribunal under section 92, and any such appeal shall be deter-
mined without an oral hearing. 25
(3) Where a protection application is one referred to in subsection

(1), the Minister shall notify the protection applicant accordingly in
writing and shall send a copy of the notice to his or her legal rep-
resentative (if known) and, if so requested by the High Com-
missioner, to him or her. 30
(4) Subsection (2) shall not apply to a protection application

unless the protection applicant concerned, and his or her legal rep-
resentative (if known) have been notified in accordance with subsec-
tion (3).
Chapter 4 35
Protection Review 100.—(1) On the day that the Minister may by order appoint,
Tribunal. there shall stand established a Tribunal to be known as An Binse
um Athbhreithniú Cinntí Cosanta or, in the English language, the
Protection Review Tribunal, which shall determine appeals under 40
section 92, and perform such other functions as may be conferred on
it by or under this Act.
(2) Subject to subsection (3), the Tribunal shall be—
(a) inquisitorial in nature, and
114
(b) independent in the performance of its functions.
(3) This section shall not be construed as prejudicing the gener-

ality of any other provision of this Part or of applicable regulations.
(4) The Minister may appoint such and so many persons to be

5 members of the staff of the Tribunal as he or she considers necessary
to assist the Tribunal in the performance of its functions and such
members of the staff of the Tribunal shall receive such remuneration
and be subject to such other terms and conditions of service as the
Minister may, with the consent of the Minister for Finance,
10 determine.
(5) Members of the staff of the Tribunal shall be civil servants

within the meaning of the Civil Service Regulation Acts 1956 to 2005.
(6) Whenever the Tribunal consists of more than one member, it

shall be grouped into divisions, each of which shall consist of one
15 member.
101.—(1) The Tribunal shall consist of the following members: Membership of

Tribunal.
(a) a chairperson, who shall be appointed in a whole-time
capacity; and
(b) such number of other members, appointed either in a

20 whole-time or a part-time capacity, as the Minister, with
the consent of the Minister for Finance, considers neces-
sary for the expeditious performance of the functions of
the Tribunal,
each of whom shall have had before his or her appointment the
25 appropriate experience specified in subsection (2).
(2) The experience referred to in subsection (1) is—
(a) in relation to the chairperson, not less than 5 years’ experi-

ence as a practising barrister or practising solicitor, and
(b) in relation to members other than the chairperson, not less

30 than 5 years’ experience—
(i) as a practising barrister or practising solicitor,
(ii) that is such experience relating to protection matters

as may be prescribed, or
(iii) that is a combination of the experience referred to in

35 subparagraphs (i) and (ii).
(3) Subject to subsection (4), the Minister shall appoint the

members of the Tribunal.
(4) Subject to subsections (8) and (16) and section 164(6), the
Minister shall not appoint—
40 (a) the chairperson of the Tribunal, or
(b) any other member of the Tribunal in a whole-time

capacity,
115
unless the Public Appointments Service, within the meaning of the
Public Service Management (Recruitment and Appointment) Act
2004, after holding a competition under section 47 of that Act, has
selected him or her for appointment to the position.
(5) Subsection (4) shall not apply to the reappointment of a 5

member, in accordance with subsection (7), for a second term.
(6) Each member of the Tribunal shall hold office under a con-
tract of service in writing, containing such terms and conditions
(including terms and conditions relating to remuneration, allow-
ances, expenses and superannuation) as the Minister, with the con- 10
sent of the Minister for Finance, may determine.
(7) The term of office of the members of the Tribunal shall be

as follows:
(a) the term of office of the chairperson shall be 5 years and

a chairperson may be reappointed to the office for a 15
second term not exceeding 5 years;
(b) the term of office of a member appointed in a whole-time

capacity, other than the chairperson, shall be 3 years or
such longer duration not exceeding 5 years as may be
prescribed and such a member may be reappointed to the 20
office for a second term not exceeding 3 years or such
longer duration not exceeding 5 years as may be
prescribed;
(c) the term of office of a member appointed in a part-time

capacity shall be 3 years and such a member may be 25
reappointed to the office for a second or subsequent term
not exceeding 3 years.
(8) Where the chairperson is for any reason temporarily unable

to act as the chairperson, or the office of the chairperson is vacant,
the Minister shall appoint a person to be the chairperson for the 30
duration of the inability or until an appointment is made under sub-
section (4)(a), as appropriate, and the person so appointed may per-
form all the functions conferred on the chairperson by this Act.
(9) A member of the Tribunal may resign from office by letter

addressed to the Minister and the resignation shall take effect from 35
the date specified in the letter.
(10) A member of the Tribunal shall cease to be a member of the

Tribunal on attaining the age of 66 years.
(11) Where a member of the Tribunal is—
(a) nominated as a member of Seanad Éireann, 40
(b) elected as a member of either House of the Oireachtas or

to be a member of the European Parliament,
(c) regarded pursuant to section 19 of the European Parlia-

ment Elections Act 1997 as having been elected to that
Parliament, 45
(d) elected or co-opted as a member of a local authority,
(e) appointed to judicial office, or
116
(f) appointed Attorney General,
he or she shall thereupon cease to be a member of the Tribunal.
(12) A person who is for the time being—
(a) entitled under the Standing Orders of either House of the

5 Oireachtas to sit therein,
(b) a member of the European Parliament, or
(c) entitled under the standing orders of a local authority to

sit as a member thereof,
shall, while he or she is so entitled under paragraph (a) or (c) or is

10 such a member under paragraph (b), be disqualified from being a
member of the Tribunal.
(13) Without prejudice to the generality of subsection (12), that

subsection shall be construed as prohibiting the reckoning of a period
referred to therein as service with the Tribunal for the purposes of
15 any superannuation benefits payable under this Act or otherwise.
(14) A member of the Tribunal may be removed from office by

the Minister for stated reasons.
(15) If a member appointed in a part-time capacity—
(a) dies, resigns, becomes disqualified, is removed from

20 office, or
(b) is for any reason temporarily unable to continue to per-

form his or her functions,
the Minister may, subject to this Act, appoint another person to be

a member of the Tribunal in a part-time capacity to fill the casual
25 vacancy so occasioned.
(16) If a member appointed in a whole-time capacity—
(a) dies, resigns, becomes disqualified or is removed from

office, or
(b) is for any reason temporarily unable to continue to per-

30 form his or her functions,
the Minister may appoint a person to be a member in a whole-time

or part-time capacity until an appointment is made in accordance
with subsection (4).
102.—(1) The chairperson shall ensure that the functions of the Functions of
35 Tribunal are performed efficiently and that the business assigned to chairperson of
Tribunal, etc.
each member is disposed of as expeditiously as may be consistent
with fairness and natural justice.
(2) The chairperson may, having regard to the need to observe

fair procedures, establish rules and procedures for the conduct of
40 oral appeals under this Part and shall publish any such rules and
procedures so established.
(3) The chairperson may issue to the members and staff of the
Tribunal guidelines or guidance notes generally on the practical
117
application and operation of the provisions, or any particular pro-
visions, of this Part and on developments in the law relating to
protection.
(4) (a) The chairperson may, if he or she considers it appropriate

to do so in the interest of the fair and efficient perform- 5
ance of the functions of the Tribunal, issue guidelines to
the Registrar for the purpose of the performance of his or
her functions of assigning or re-assigning appeals under
section 105(2) or (3).
(b) In issuing the guidelines referred to in paragraph (a), the 10

chairperson shall have regard to the following matters:
(i) the grounds of the appeals specified in the notices of

appeal;
(ii) the country of origin of protection applicants;
(iii) any family relationship between protection applicants; 15
(iv) the ages of the protection applicants and, in part-

icular, of persons under the age of 18 years in respect
of whom protection applications are made;
(v) the provisions of this Act under which the appeals

are made; 20
(vi) any direction given to the Tribunal under section 108.
(5) The chairperson shall—
(a) re-assign business from one member to a different member

if, in the opinion of the chairperson, such re-assignment—
(i) is warranted by the inability or unwillingness to trans- 25

act that business of the member to whom the busi-
ness was originally assigned, and
(ii) where the business relates to an appeal, cannot be

achieved by agreement between the Registrar and
that member, 30
(b) require a member to prepare a report of his or her deter-

mination of each appeal within a period specified in the
guidelines and guidance notes referred to at subsection
(3), and
(c) require a member to prepare a report on any aspect of the 35

transaction of the business assigned to the member.
(6) The chairperson may from time to time convene a meeting

with a member or members of the Tribunal for the purpose of dis-
cussing matters relating to the transaction of the business assigned
to the member or members, including, in particular, such matters as 40
the avoidance of undue divergences in the transaction of business by
the members.
(7) The chairperson shall convene a meeting of the members at

least once a year to review the transaction of business by members
and, where necessary, to make provision for training programmes 45
for members.
118
(8) Where it appears to the chairperson that a draft decision made
by a member in relation to an appeal under this Part but not yet
issued is likely to contain an error of law or of fact, he or she may
request the member to review the draft decision and the member so
5 requested shall review the draft decision and make such amend-
ments, if any, as that member considers necessary, and the decision
following such review and such amendments as have been made by
that member shall be the final decision of the member.
(9) The chairperson may, on notice to the protection applicant,

10 refer any final decision of a member for the direction of the High
Court where he or she considers that the decision contains an error
of law.
(10) The High Court shall determine a referral under subsection

(9) by giving such directions and making such orders as it considers
15 appropriate.
(11) The chairperson may delegate to a member of the staff of

the Tribunal his or her functions of receiving reports under section
103(2)(d) from members.
(12) The Chairperson shall make the following written reports on

20 the activities of the Tribunal:
(a) a report to the Minister in relation to any function that the

chairperson performs under this Part or on the operation
of this Part in general, if requested to do to by the Mini-
ster or if the chairperson considers it appropriate to do
25 so;
(b) an annual report to the Minister not later than 3 months

after the end of each year, which the Minister shall cause
to be laid before each House of the Oireachtas not more
than 30 days after he or she receives it.
30 (13) The Tribunal shall be named as respondent in any pro-

ceedings brought by a protection applicant arising from the perform-
ance of the functions of the Tribunal or any of its members relating
to that applicant’s appeal, and the chairperson shall be responsible
for the conduct of such proceedings on behalf of the Tribunal.
35 (14) In this section and section 103, “business” means the determi-
nation of appeals under section 92 and any additional tasks assigned
to a member by the chairperson in order to fulfil any other functions
conferred on the Tribunal by or under this Act.
103.—(1) A member of the Tribunal shall, on behalf of the Tri- Role of members of
40 bunal, transact the business assigned to him or her under this Act. the Tribunal.
(2) A member shall, in the performance of his or her functions

under this Part—
(a) ensure that the business assigned to him or her is managed

efficiently and disposed of as expeditiously as is consist-
45 ent with fairness and natural justice,
(b) conduct oral hearings in accordance with such rules and

procedures as are established or adopted by the chair-
person under section 102(2),
119
(c) have regard to any guidelines or guidance notes issued by
the chairperson under section 102(3),
(d) prepare the report referred to in paragraph (b) or (c) of

section 102(5) and provide it to the chairperson when
requested to do so, and 5
(e) attend any meetings convened by the chairperson under

section 102(6) or (7), unless it is impracticable to do so.
Registrar. 104.—(1) The Minister shall designate a person who is for the
time being a member of the staff of the Tribunal to be the Registrar
of the Tribunal. 10
(2) A person designated under subsection (1) shall perform the

functions assigned to him or her by or under this Act.
(3) The Registrar shall be responsible to the chairperson for the

performance of his or her functions.
(4) Where the Registrar is for any reason temporarily unable to 15

perform his or her function of assigning and re-assigning appeals
under section 105(2) or (3) or the position of Registrar is vacant, that
function of the Registrar may be performed, for the duration of the
inability or until a designation is made under subsection (1), by such
member of the staff of the Tribunal as may, from time to time, be 20
designated for that purpose by the Registrar, or (in the absence of
such designation) by the Minister, and references in this Part and in
Part 10 to the Registrar shall be read as including references to a
person designated under this subsection.
Functions of the 105.—(1) The Registrar shall, in consultation with the 25

Registrar. chairperson—
(a) manage and control generally the staff and administration

of the Tribunal, and
(b) perform such other functions as may be conferred on him

or her by the chairperson. 30
(2) The Registrar shall assign to each member the appeals to be

determined by him or her.
(3) Subject to section 102(5)(a), the Registrar may re-assign an

appeal where the member to whom it was originally assigned is
unable or unwilling to determine that appeal. 35
(4) In assigning or re-assigning an appeal to a member the Regis-

trar shall have regard to—
(a) the need to ensure the efficient management of the work

of, and the expeditious performance of its functions by,
the Tribunal, consistent with fairness and natural justice, 40
(b) any guidelines issued by the chairperson under section

102(4)(a), and
(c) any direction given to the Tribunal under section 108.
120
(5) The Registrar shall bring to the attention of the chairperson
any matter relevant to the chairperson’s functions under subsection
(1) or paragraph (a), (b) or (c) of section 102.
(6) (a) The Registrar shall, whenever requested by the chair-

5 person, assign to the chairperson—
(i) appeals, or
(ii) a particular appeal,
to be determined by the chairperson under this Part.
(b) In assigning an appeal under paragraph (a), the Registrar

10 shall comply with any direction of the chairperson.
(c) In making a request or giving a direction referred to in

this subsection, the chairperson shall have regard to the
matters referred to in paragraphs (a) and (c) of subsec-
tion (4).
15 106.—(1) There shall be an advisory committee (the “Advisory Advisory

Committee”) the function of which shall be to advise the chairperson Committee.
in relation to any of his or her functions under this Act and
comprising—
(a) the chairperson, and
20 (b) such other members of the Tribunal, not exceeding 5, as

the Minister considers appropriate having regard to sub-
section (3).
(2) The Minister shall appoint, and may terminate for stated
reasons the appointment of, the members of the Advisory
25 Committee.
(3) In determining the membership of the Advisory Committee,

the Minister shall have regard to the provisions of subsection (4) and
to the following matters:
(a) the need to ensure that the composition of the Advisory

30 Committee reasonably reflects that of the Tribunal in
relation to the proportion of members of the Tribunal
appointed in a whole-time capacity to those appointed in
a part-time capacity;
(b) the need to ensure that the number of members of the

35 Advisory Committee is reasonably proportionate to the
number of members for the time being of the Tribunal.
(4) (a) Subject to paragraph (b)—
(i) an appointment under subsection (2) shall be for such

period, not exceeding 2 years, as may be specified by
40 the Minister when making the appointment, and
(ii) a member of the Advisory Committee may be

reappointed for a second term not exceeding 2 years.
(b) Where a member of the Advisory Committee ceases to be

a member of the Tribunal, he or she shall thereupon
45 cease to be a member of the Advisory Committee.
121
(5) The chairperson shall—
(a) determine the rules and procedures of the Advisory

Committee,
(b) convene a meeting of the Advisory Committee at least 4

times a year, and 5
(c) chair the meetings of the Advisory Committee.
(6) A member of the Advisory Committee shall attend any meet-

ings convened by the chairperson under subsection (5)(b), unless it
is impracticable to do so.
(7) The Advisory Committee— 10
(a) may give such advice and make such recommendations to

the chairperson on any matter relating to the functions
of the chairperson as it thinks fit, and
(b) shall give advice and make recommendations to the chair-

person on any such matter as the chairperson may 15
request.
(8) Nothing in this section—
(a) affects any obligation of a member of the Advisory Com-

mittee, as a member of the Tribunal, under section 103, or
(b) prevents the chairperson from establishing committees of 20

members to deal with specific aspects of the performance
of the functions of the Tribunal.
Access to Tribunal 107.—(1) The chairperson shall ensure that a protection applicant
decisions. or his or her legal representative is provided with reasonable access
to any previous decision of the Tribunal under section 96(2). 25
(2) The access provided under subsection (1) may be—
(a) in such form, and
(b) subject to such conditions relating to confidentiality and

use,
as the chairperson considers reasonable. 30
(3) The chairperson may at his or her discretion, where he or she

considers that a decision of the Tribunal is of legal importance, pub-
lish the decision in such manner as he or she considers reasonable.
(4) Nothing in subsections (1) to (3) shall be construed as

preventing the chairperson from allowing access, subject to such con- 35
ditions as the chairperson considers reasonable, by persons, for the
purposes of bona fide legal research, to previous decisions of the
Tribunal under section 96(2).
(5) This section is without prejudice to section 87.
Prioritisation. 108.—(1) The Minister may, where he or she considers it neces- 40

sary or expedient to do so, give a direction in writing to the Tribunal
122
to accord priority to such appeal, appeals or class or classes of appeal
as is or are specified in the direction.
(2) In giving a direction under subsection (1) the Minister shall

have regard to the need for fairness and efficiency in dealing with
5 appeals under this Part, and to such of the following as the Minister
considers appropriate:
(a) the grounds of the protection application;
(b) the country of origin of the protection applicant;
(c) any family relationship between protection applicants;
10 (d) the age of the protection applicant and, in particular, of

any person under the age of 18 years in respect of whom
a protection application is made;
(e) the date on which the protection application was made;
(f) whether the country of origin of the protection applicant

15 is a country for the time being designated as a safe coun-
try of origin under section 117, and the protection appli-
cant has not shown any reasonable grounds for consider-
ing that, notwithstanding that designation, he or she, in
his or her particular circumstances, is entitled to protec-
20 tion in the State;
(g) whether the protection applicant is a person to whom

section 73 applies;
(h) whether the protection applicant had previously made a

protection application in the State;
25 (i) whether the protection applicant had, or in the opinion of

the Minister could have, lodged a prior protection appli-
cation in another country, including a safe third country;
(j) whether, in the opinion of the Minister—
(i) there are considerations of national security, public

30 security, public order and public policy (“ordre
public”),
(ii) there are special circumstances regarding the welfare

of the protection applicant or the welfare of family
members of the protection applicant,
35 (iii) the protection application does not show on its face

grounds for the contention that the protection appli-
cant is in need of protection,
(iv) the protection applicant has made false or misleading

representations in relation to his or her protection
40 application, including by withholding relevant infor-
mation or documents with respect to his or her ident-
ity or nationality that could have a negative impact
on the decision,
(v) the protection applicant has made inconsistent, con-

45 tradictory, improbable or insufficient rep-
resentations,
123
(vi) the protection applicant has not complied with his or
her duty to co-operate in the investigation of his or
her protection application under section 86, or
(vii) the protection application was not made at the earliest

opportunity after the protection applicant’s arrival in 5
the State.
(3) The Tribunal shall comply with a direction given to it under

subsection (1).
Chapter 5
Protection declarations and permits 10
Protection 109.—(1) Where—

declaration.
(a) the Minister makes a determination, referred to in section
88(3)(a) or (b), or
(b) the Tribunal recommends, under section 96(2)(b),
that a protection applicant is entitled to protection in the State as a 15

refugee or as a person eligible for subsidiary protection, the Minister
shall, subject to subsections (2) and (7), as soon as possible thereafter
grant the applicant a protection declaration.
(2) The Minister shall not grant a protection declaration where he

or she has made a determination, or the Tribunal has affirmed, that 20
the protection applicant is not entitled to protection in the State.
(3) A protection declaration shall, subject to section 111, remain

in force until it is established that the person to whom it was granted
is no longer entitled to a protection declaration.
(4) The following conditions shall apply to a protection declar- 25

ation granted to a person under subsection (1) for so long as that
declaration remains in force:
(a) the person shall—
(i) while present in the State, be lawfully present in the

State, 30
(ii) be entitled, subject to section 111, to reside in the

State, and
(iii) be entitled, subject to section 115, to the same rights

of travel to and from the State (other than to his or
her country of origin) as those to which Irish citizens 35
are entitled;
(b) the person shall be entitled to seek and enter employment,

to engage in any business, trade or profession and to have
access to education and training in the State in like man-
ner and to the like extent in all respects as an Irish citizen; 40
(c) the person shall be entitled to receive, upon and subject

to the same conditions applicable to Irish citizens, the
same medical care and the same social welfare benefits
as those to which Irish citizens are entitled;
124
(d) the person shall be granted, in accordance with section 110,
a protection permission.
(5) Where a person who has been granted a protection declar-

ation satisfies the standard eligibility requirements specified in
5 section 46(4), he or she may apply to the Minister for a long-term
residence permission.
(6) In the application of subsection (4), due regard shall be had

to the specific situation of vulnerable persons such as persons under
the age of 18 years (whether or not unaccompanied), disabled per-
10 sons, elderly persons, pregnant women, single parents with children
under the age of 18 years and persons who have been subjected to
torture, rape or other serious forms of psychological, physical or sex-
ual violence.
(7) The Minister may refuse to grant a protection declaration

15 where—
(a) there are reasonable grounds for regarding the protection

applicant as a danger to the security of the State, or
(b) the protection applicant, having been by a final judgment

convicted, whether in the State or not, of a particularly
20 serious crime, constitutes a danger to the community of
the State.
(8) The Minister shall send a notice in writing of the grant of or,
as the case may be, the refusal under subsection (7) to grant, a pro-
tection declaration to a protection applicant.
25 (9) The Minister shall notify the High Commissioner of the grant
of or, as the case may be, the refusal under subsection (7) to grant,
a protection declaration to a protection applicant.
(10) (a) Where, following an investigation under section 83, the

Minister’s determination under section 88(2) is one
30 referred to in section 88(3)(c), the notice referred to in
subsection (8) shall inform the applicant that, subject to
section 75(4), his or her protection application entry per-
mission has expired.
(b) Where, following an appeal under section 92, the Tribunal

35 has affirmed a determination of the Minister that a pro-
tection declaration shall not be granted to a protection
applicant, the notice referred to in subsection (8) shall
inform the applicant that his or her protection application
entry permission has expired.
40 (c) Where paragraph (a) or (b) applies, and the Minister’s

determination under section 88(2) is one referred to in
section 88(3)(c), the notice referred to in subsection (8)
shall include—
(i) a statement that the protection applicant is obliged to

45 leave the State by the date specified in the notifi-
cation or may be removed from the State in accord-
ance with the provisions of this Act, and
(ii) a statement of the effect of sections 6 and 66.
125
Protection 110.—(1) A person to whom a protection declaration has been
permission and granted under section 109 shall be granted a protection permission.
permit.
(2) A protection permission shall, without prejudice to section

111—
(a) permit the holder to remain in the State for a specified 5

period of not less than 3 years, and
(b) unless compelling reasons of national security or public

policy (“ordre public”) otherwise require, be renewable.
(3) A person to whom a protection permission has been granted,

and who wishes to have it renewed, shall apply for renewal of that 10
permission not later than 21 days before it expires.
(4) An application for the renewal of a protection permission is

valid if it—
(a) is made by the applicant in person at his or her relevant

immigration area office, and 15
(b) is accompanied by—
(i) the most recently issued protection permit held by the

applicant (whether or not it has expired), and
(ii) the applicant’s travel document (if any).
(5) A person who contravenes subsection (3) is guilty of an 20

offence and liable, on summary conviction, to a fine not exceeding
€100.
(6) A protection permission renewed in accordance with subsec-

tion (4) shall be valid for a specified period of not less than 3 years.
(7) Where the Minister grants a protection permission, he or she 25

shall issue or cause to be issued a protection permit to the person
concerned.
(8) Sections 44 (other than section 44(5)) and 45 shall apply to a

protection permit as if it were a residence permit.
(9) A protection permit ceases to be valid, and the person to 30

whom it had been issued shall return it to the Minister without delay,
after it expires, and the person’s protection permission is not
renewed in accordance with this section.
Revocation of 111.—(1) The Minister shall revoke a protection declaration

protection granted to a person if satisfied that— 35
declaration.
(a) the person should have been or is excluded from protec-

tion under section 73,
(b) the person has, in accordance with section 74, ceased to be

a refugee or a person eligible for subsidiary protection, or
(c) misrepresentation or omission of facts, whether or not 40

including the use of false documents, by the person was
decisive in the Minister’s decision to grant protection.
126
(2) The Minister may revoke a protection declaration issued to a
person determined to be a refugee if satisfied that—
(a) there are reasonable grounds for regarding the person as

a danger to the security of the State, or
5 (b) the person, having been by a final judgment convicted,

whether in the State or not, of a particularly serious
crime, constitutes a danger to the community of the State.
(3) The Minister shall not, on the grounds specified in paragraph

(e) or (f) of section 74(1) revoke a protection declaration granted to
10 a person determined to be a refugee where the Minister is satisfied
that the person concerned is able to invoke compelling reasons aris-
ing out of previous persecution for refusing to avail himself or herself
of the protection of the country of his or her nationality or for refus-
ing to return to the country of his or her former habitual residence,
15 as the case may be.
112.—(1) Where the Minister proposes, under section 111, to Procedure for
revoke a protection declaration, he or she shall— revocation of
protection
declaration.
(a) notify, in writing, the person concerned, in a language that
he or she may reasonably be supposed to understand, of
20 the Minister’s proposal, and
(b) send a copy of the notification to the person’s legal rep-

resentative (if known) and to the High Commissioner.
25 (b) if it is proposed to make a non-return order under section

55 in conjunction with the proposed revocation, a state-
ment of the—
(i) proposal and of the reasons for it, and
(ii) proposed exclusion period,
30 (c) a statement that the person concerned may, within 15

working days of the sending of the notification, make rep-
resentations in the prescribed manner to the Minister—
(i) as to why the protection declaration should not be

revoked,
35 (ii) in relation to any proposal to make a non-return

order or the proposed exclusion period, if applic-
able, and
(iii) as to why the person, in the event of the protection

declaration being revoked, should be granted per-
40 mission to reside in the State, and
(d) a statement of—
(i) the consequences specified in subsection (3), and
(ii) the effect of subsection (8) and section 66.
127
(3) The consequences referred to in subsection (2)(d)(i) are the
following:
(a) where no representations are received within the time

period specified in subsection (2)(c), the Minister may—
(i) revoke the protection declaration under section 111, 5

and
(ii) where he or she determines that the person should

not be granted permission to reside in the State, pro-
ceed to make the non-return order referred to in
subsection (2)(b); 10
(b) where the Minister decides to revoke a protection declar-

ation and not to grant the person permission to reside in
the State, then, subject to subsection (11), the person is
unlawfully present in the State, and may be removed
from the State in accordance with the provisions of this 15
Act.
(4) In determining whether to revoke a protection declaration

under section 111 in accordance with this section the Minister shall
have regard to all representations made to him or her under subsec-
tion (2)(c). 20
(5) Where, under subsection (4), the Minister has determined that
a protection declaration should be revoked under section 111, he
or she shall then determine whether the person should be granted
permission to reside in the State.
(6) In determining whether a person to whom subsection (5) 25

applies should be granted permission to reside in the State, the Mini-
ster shall have regard to—
(a) (i) humanitarian considerations,
(ii) the common good,
(iii) considerations of national security, public security, 30

public order and public policy (“ordre public”),
(iv) the age of the person,
(v) the duration of residence in the State of the person,
(vi) the family and domestic circumstances of the person,
(vii) the nature of the person’s connection with the State, 35

if any,
(viii) the employment (including self-employment) record

of the person,
(ix) the employment (including self-employment) pros-

pects of the person, 40
(x) the character and conduct of the person both within

and (where relevant and ascertainable) outside the
State (including any criminal convictions),
(xi) whether, in the event of the person being removed

from the State, the sending of him or her to any state 45
128
or territory that he or she would be permitted to
enter would be a refoulement,
and
(b) any representations made to the Minister under subsec-

5 tion (2)(c).
(7) The Minister shall notify the person concerned in writing, in a

language that he or she may reasonably be supposed to understand—
(a) of the Minister’s decision as to whether the protection dec-

laration is to be revoked,
10 (b) if the declaration is to be revoked—
(i) of the reasons for that decision, and
(ii) of the Minister’s decision as to whether the person

concerned will be granted permission to reside in the
State, and
15 (c) if the person concerned will not be granted permission to

reside in the State, of the date by which the person must
leave the State.
(8) Where the Minister decides to revoke a protection declar-

ation, the person concerned may, within 15 working days of the send-
20 ing of the notification under subsection (7), appeal to the High Court
against the decision.
(9) On hearing an appeal under subsection (8), the High Court

may, as it thinks proper—
(a) affirm the decision appealed against, or
25 (b) direct the Minister not to revoke the protection dec-

laration.
(10) A decision to revoke a protection declaration has effect—
(a) where no appeal to the High Court is brought against the

decision of the Minister, from the date on which the
30 period for making such an appeal expires, or
(b) where an appeal to the High Court is brought against the

decision of the Minister—
(i) unless the High Court issues a direction under subsec-

tion (9)(b), from the date on which the High Court,
35 under subsection (9)(a), affirms the decision, or
(ii) as the case may be, from the date of withdrawal of

that appeal.
(11) A person to whom subsection (3)(b) applies shall not be

required to leave the State until a decision to revoke a protection
40 declaration has effect in accordance with subsection (10).
(12) Where a protection declaration is revoked under section 111

in accordance with this section, the protection permission granted,
and the protection permit issued, under section 110 shall cease to be
129
valid, with effect from the date of the revocation, and the protection
permit shall be returned to the Minister without delay.
Programme 113.—(1) In this section, a “programme refugee” means a person

refugees, etc. to whom permission to enter and remain in the State for resettle-
ment, or for temporary protection other than temporary protection 5
provided for in section 114, has been given by the Government 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 67, for the purposes
of this section. 10
(2) A programme refugee shall be granted a residence permission.
(3) The conditions attaching to a residence permission under sub-

section (2) shall be those referred to in section 109(4)(a)(iii), (b)
and (c).
(4) The Minister may, after consultation with the Minister for 15
Foreign Affairs, enter into agreements with the High Commissioner
for the reception and resettlement in the State of programme
refugees.
Temporary 114.—(1) In this section—

protection.
“temporary protection” means a procedure of exceptional character 20
to provide, in the event of a mass influx or imminent mass influx of
displaced foreign nationals who are unable to return to their country
of origin, immediate and temporary protection; and
“Council Directive” means Council Directive 2001/55/EC of 20 July

2001 on minimum standards for giving temporary protection in the 25
event of a mass influx of displaced persons and on measures promot-
ing a balance of efforts between Member States in receiving such
persons and bearing the consequences thereof and any other
Directive amending or replacing it9.
(2) Subject to subsection (3), this section applies to a foreign 30

national to whom, following a Council Decision under Article 5 of
the Council Directive establishing the existence of a mass influx of
displaced persons, permission to enter and remain in the State for
temporary protection as part of a group of persons has been given
by the Government and whose personal data (that is to say, name, 35
nationality, date and place of birth, marital status, family
relationship) are entered in a register established and maintained for
the purposes of this section by the Minister.
(3) The Minister may exclude a foreign national from temporary

protection if— 40
(a) there are serious reasons for considering that—
(i) he or she has committed a crime against peace, a war

crime, or a crime against humanity, as defined in the
international instruments drawn up to make pro-
vision in respect of such crimes, or 45
9
O.J. No. L212, 07.08.2001, p. 12
130
(ii) he or she has been guilty of acts contrary to the pur-
poses and principles of the United Nations,
(b) there are reasonable grounds for regarding him or her as

a danger to the security of the State,
5 (c) the Minister is of opinion that he or she constitutes a

danger because he or she was convicted by a final
judgment of a particularly serious crime, whether in the
State or elsewhere, or
(d) there are serious reasons for considering that he or she has
10 committed a serious non-political crime outside the State
prior to his or her entry into the State.
(4) In considering whether to exclude a foreign national from

temporary protection under paragraph (c) or (d) of subsection (3),
the Minister shall weigh the reasons underlying the Council Decision
15 concerned as they relate to the foreign national against the nature of
the crime of which the foreign national concerned is suspected.
(5) Subsections (3)(d) and (4) apply both to the participants in

and the persons who have instigated a crime referred to in subsec-
tion (4).
20 (6) The Minister shall grant to a foreign national to whom subsec-

tion (2) applies a residence permission and shall—
(a) issue him or her with—
(i) if required, a visa or transit visa free of charge, or
(ii) a residence permit,
25 and
(b) provide him or her with information, in a language that he

or she may reasonably be supposed to understand, setting
out the provisions of this section relating to temporary
protection in the State.
30 (7) Subject to subsection (8), a residence permission granted

under subsection (6)—
(a) shall be valid for one year, and
(b) may be renewed for a maximum period of one further

year.
35 (8) A residence permission granted under subsection (6) may be

revoked—
(a) following a decision by the Council under the Council

Directive that the requirement for temporary protection
has ended,
40 (b) upon the transfer of residence of the holder to another

Member State, or
131
(c) where the Minister decides that the holder should have
been excluded from temporary protection under subsec-
tions (3) and (4).
(9) Section 52 shall not apply to a decision to revoke a residence

permission under paragraph (a) or (b) of subsection (8). 5
(10) Where, during the validity of a residence permission granted

under subsection (6), a foreign national to whom subsection (2)
applies seeks to enter another Member State or has entered it with-
out authorisation, the Minister shall, in co-operation with the com-
petent authority of that Member State, make arrangements for the 10
return of the person to the State.
(11) Without prejudice to subsection (8), a foreign national to

whom subsection (2) applies shall be entitled to the same rights and
privileges referred to in section 109(4) as if he or she had been
granted a protection declaration. 15
(12) The Minister shall co-operate with the competent authorities

of a Member State in relation to—
(a) the transfer to a Member State of a foreign national to

whom subsection (2) applies,
(b) the transfer from a Member State to the State of a foreign 20

national to whom subsection (2) applies, and
(c) the reunification, either in the State or in a Member State,

of family members of a foreign national to whom subsec-
tion (2) applies.
(13) The Minister may prescribe documentation to be used for 25

the purpose of enabling and facilitating transfers and reunifications
(14) For the purposes of subsection (12), the Minister may provide
to a Member State, insofar as they are available—
(a) personal data relating to foreign nationals (that is to say, 30

name, nationality, date and place of birth, marital status,
family relationship),
(b) travel documents relating to foreign nationals,
(c) documents concerning evidence of family ties relating to

foreign nationals and families of foreign nationals (such 35
as marriage certificates, birth certificates and certificates
of adoption),
(d) other information required to establish foreign nationals’

identity or family relationships,
(e) residence permits and decisions concerning the grant or 40

refusal of visas or residence permissions to foreign
nationals by the Minister, and documents forming the
basis of those decisions,
(f) applications for visas or entry or residence permissions

submitted by foreign nationals and pending in the State, 45
and the stage reached in the processing of these,
132
(g) any corrected information within paragraphs (a) to (f)
which becomes available.
115.—(1) Subject to subsection (3), the Minister, on application Issue of travel

by the person concerned— documents by
Minister.
5 (a) shall issue a travel document to a person to whom a pro-
tection declaration has been granted as a refugee, and
(b) may issue a travel document to—
(i) a person to whom, as a member of the family or a

dependent member of the family of a person
10 referred to in paragraph (a), a residence permission
has been granted under section 116(4), or
(ii) a programme refugee, within the meaning of section

113.
(2) Subject to subsections (3) and (4), the Minister, on application

15 by the person concerned—
(a) shall issue a travel document to a person to whom a pro-

tection declaration has been granted as a person eligible
for subsidiary protection, and
(b) may issue a travel document to a person to whom, as a

20 member of the family of a person referred to in para-
graph (a), a residence permission has been granted under
section 116(4).
(3) The Minister need not issue a travel document to a person

referred to in subsection (1) or (2) if—
25 (a) the Minister has required that person to provide such

information as the Minister reasonably requires for the
purposes of his or her functions under this section and
the person has not done so, or
(b) the Minister considers that to issue it would not be in the

30 interests of national security, public security, public
health or public order or would be contrary to public
policy (“ordre public”).
(4) The Minister need not issue a travel document to a person

referred to in subsection (2) unless the Minister is satisfied that—
35 (a) the person is unable to obtain a travel document from the

relevant authority of the country of his or her nationality
or, as the case may be, former habitual residence, and
(b) serious humanitarian reasons exist that require the per-

son’s presence in another state.
40 (5) An application under subsection (1) or (2) shall be in writing

and—
(a) in such form as may be prescribed,
(b) accompanied by such information as may be prescribed,

being information that the Minister reasonably requires
133
for the purposes of his or her functions under this
section, and
(c) accompanied by such fee (if any) as may be prescribed.
(6) A travel document shall be in the prescribed form.
(7) In the application of this section and section 116 due regard 5
shall be had to the specific situation of vulnerable persons such as
persons under the age of 18 years (whether or not unaccompanied),
disabled persons, elderly persons, pregnant women, single parents
with children under the age of 18 years and persons who have been
subjected to torture, rape or other forms of psychological, physical 10
or sexual violence.
Member of family 116.—(1) (a) A person in relation to whom a protection declaration

of person in is in force (in this section referred to as the “sponsor”)
relation to whom may apply to the Minister for permission to be granted
protection
declaration is in to a member of his or her family or, as the case may be, 15
force. a dependent member of his or her family, to enter and
reside in the State.
(b) An application under paragraph (a) shall be in the pre-

scribed form.
(2) The Minister shall notify the High Commissioner of the mak- 20
ing of an application under subsection (1).
(3) (a) The Minister shall investigate, or cause to be investigated,

an application under subsection (1) to determine—
(i) the relationship between the sponsor and the person

who is the subject of the application, 25
(ii) the domestic circumstances of the person who is the

subject of the application, and
(iii) such other matters as the Minister considers necessary

for the purposes of an investigation under this
subsection. 30
(b) It shall be the duty of the sponsor and the person who is
the subject of the application to co-operate in the investi-
gation under paragraph (a).
(c) In complying with paragraph (b), the sponsor and the per-
son who is the subject of the application shall furnish to 35
the Minister as soon as reasonably practicable, all infor-
mation in his or her possession, control or procurement
relevant to the application.
(d) The Minister may refuse to grant an application under

subsection (1) where the sponsor or the person who is the 40
subject of the application, or both, fail to comply with
paragraph (b).
(4) (a) Subject to subsection (5), if the Minister is satisfied that

the person who is the subject of the application is a
member of the family of the sponsor, the Minister shall 45
grant that person a residence permission, and the person
shall thereupon be entitled to the rights and privileges
specified in section 109(4)(a)(iii), (b) and (c) for such
134
period as the sponsor is, as a person entitled to protec-
tion, entitled to remain in the State.
(b) Subject to subsection (5), if the Minister is satisfied that

the person who is the subject of the application is a
5 dependent member of the family of a sponsor, the Mini-
ster may grant that person a residence permission and
the person shall thereupon be entitled to the rights and
privileges specified in section 109(4)(a)(iii), (b) and (c)
for such period as the sponsor is, as a person entitled to
10 protection, entitled to remain in the State.
(5) The Minister may, on any of the grounds specified in subsec-

tion (6)—
(a) refuse to grant permission to enter and reside in the State

to a person referred to in subsection (4), or
15 (b) revoke any permission to reside in the State given to any

such person.
(6) The grounds referred to in subsection (5) are that—
(a) it is in the interests of national security, public security,

or public order or necessary for reasons of public policy
20 (“ordre public”),
(b) the person is, under section 73, excluded from being a refu-
gee or a person eligible for subsidiary protection,
(c) the person obtained his or her permission on the basis of

information or documentation which was false or mis-
25 leading, and
(d) the protection declaration granted to the sponsor is

revoked under section 111.
(7) In subsection (4)—
“dependent member of the family”, in relation to a sponsor, means

30 any grandparent, parent, brother, sister, child, grandchild, ward or
guardian of the sponsor who is—
(a) dependent (within the meaning of subsection (8)) on the

sponsor, or
(b) suffering from a mental or physical incapacity to such

35 extent that it is not reasonable to expect him or her to
maintain himself or herself fully;
“member of the family”, in relation to a sponsor, means—
(a) where the sponsor is married, his or her spouse, provided

that the marriage is subsisting on the date on which his
40 or her protection application under section 81 is made,
(b) where the sponsor is, on the date of the application under
subsection (1), under the age of 18 years and not married,
either or both of his or her parents, or
(c) a child of the sponsor who is, on the date of the application
45 under subsection (1), under the age of 18 years and not
married.
135
(8) For the purposes of determining whether a person who is the
subject of an application under subsection (1) is dependent on the
sponsor, the Minister shall have regard to—
(a) any information furnished under subsection (1) or (3)(c)

by the sponsor or the person who is the subject of the 5
application,
(b) the results of the investigation under subsection (3), and
(c) such other matters as the Minister may prescribe,

including—
(i) the financial relationship between the sponsor and the 10

person who is the subject of the application,
(ii) whether the sponsor and the person who is the subject
of the application have been residing together prior
to the date on which his or her protection application
under section 81 was made, and the length of time 15
during which they had so resided,
(iii) where they had not previously resided together, the

nature and extent of contact between the sponsor
and the person who is the subject of the application,
(iv) the age and health of the person who is the subject of 20
the application,
(v) the nature and extent of any financial or other support

provided by the sponsor to the person who is the
subject of the application,
(vi) the financial resources of the sponsor, 25
(vii) whether there are any court orders in place on foot of

which the sponsor has guardianship or custody of the
person who is the subject of the application, and
(viii) the immigration history of the sponsor and the person

who is the subject of the application. 30
Chapter 6
Safe Countries
Safe countries of 117.—(1) The Minister may, by order made after consultation
origin. with the Minister for Foreign Affairs, designate a country as a safe
country of origin. 35
(2) The Minister may make an order under subsection (1) only if
he or she is satisfied that, on the basis of the legal situation, the
application of the law within a democratic system and the general
political circumstances, it can be shown that, in the country con-
cerned, there is generally and consistently no persecution, construed 40
in accordance with section 71, no torture or inhuman or degrading
treatment or punishment and no threat by reason of indiscriminate
violence in situations of international or internal armed conflict.
(3) In making the assessment referred to in subsection (2), the

Minister shall take account of, among other things, the extent to 45
136
which protection against persecution or mistreatment is provided in
the country concerned by—
(a) the relevant laws and regulations of the country and the
manner in which they are applied,
5 (b) observance of the rights and freedoms laid down in the

European Convention on Human Rights, the Inter-
national Covenant for Civil and Political Rights and the
Convention against Torture, in particular the rights from
which derogation cannot be made under Article 15(2) of
10 the European Convention on Human Rights,
(c) respect of the non-refoulement principle according to the

Geneva Convention, and
(d) provision for a system of effective remedies against

violations of these rights and freedoms.
15 (4) The determination as to whether an order under subsection

(1) should be made in relation to a particular country shall be based
on, among other things, available information from other Member
States, the High Commissioner, the Council of Europe and other
relevant international organisations.
20 (5) Where the Minister considers it appropriate, he or she shall,

in consultation with the Minister for Foreign Affairs, review a desig-
nation under subsection (1) having regard to the matters specified in
subsections (2) to (4).
(6) The Minister shall notify the European Commission of the

25 making, amendment or revocation of an order under subsection (1).
“Convention against Torture” means the Convention against Torture

and other Cruel, Inhuman or Degrading Treatment or Punishment
adopted by Resolution 39/46 of the General Assembly of the United
30 Nations on 10 December 1984;
“country” includes part of a country;
“European Convention on Human Rights” means the Convention

for the Protection of Human Rights and Fundamental Freedoms
done at Rome on the 4th day of November, 1950;
35 “International Covenant on Civil and Political Rights” means the

International Covenant on Civil and Political Rights adopted by
Resolution 2200A (XXI) of the General Assembly of the United
Nations on 16 December 1966.
118.—(1) The Minister may, by order made after consultation Safe third countries.
40 with the Minister for Foreign Affairs, designate a country as a safe
third country where the Minister is satisfied that a protection appli-
cant will be treated in that country in accordance with the principles
specified in subsection (2).
(2) The principles referred to in subsection (1) are the following:
45 (a) life and liberty are not threatened on account of race,

religion, nationality, membership of a particular social
group or political opinion;
137
(b) the principle of non-refoulement in accordance with the
Geneva Convention is respected;
(c) the prohibition of removal, in violation of the right to free-

dom from torture and cruel, inhuman or degrading treat-
ment as laid down in international law, is respected; and 5
(d) the possibility exists to request refugee status and, if found

to be a refugee, to receive protection in accordance with
the Geneva Convention.
(3) The Minister shall not make an order under subsection (1) in
respect of a country unless that country and the State are parties to 10
an agreement which provides for—
(a) the prompt transfer to that country of a protection appli-

cation made in the State by a person who has arrived
from that country, and
(b) the prompt transfer to the State of a protection application 15

made in that country by a person who has arrived from
the State.
(4) A protection application shall not be transferred to a safe

third country pursuant to an agreement referred to in subsection (3)
unless the removal to that country of the person who made the appli- 20
cation would be reasonable on the basis of a connection he or she
has with that country.
(5) An order under subsection (1) may make provision for such
consequential, incidental, ancillary and supplementary matters as the
Minister considers necessary or expedient. 25
(6) The Minister shall, from time to time, notify the European
Commission of the countries that are designated as safe third coun-
tries under subsection (1).
Safe third country— 119.—(1) The Minister may make such regulations as appear to
transfer of persons. him or her to be necessary or expedient for the purpose of giving 30
effect to any agreement of the kind referred to in section 118.
(2) Without prejudice to the generality of subsection (1), regu-

lations under this subsection may—
(a) specify the circumstances in which—
(i) a protection application shall— 35
(I) be investigated in the State,
(II) be transferred pursuant to any agreement of the

kind referred to in section 118, and
(ii) a protection application made in a safe third country

shall be accepted for examination in the State pursu- 40
ant to any agreement of the kind referred to in
section 118,
(b) specify the procedure for making a determination referred

to in paragraph (a),
138
(c) provide for an appeal against a determination to transfer
a protection application and for the procedure in relation
to such an appeal,
(d) provide, where the regulations specify that the making of

5 an appeal shall not suspend the transfer of the protection
application or of the protection applicant, that such
transfer is without prejudice to the appeal decision,
(e) require that a protection application shall not be investi-

gated by the Minister until it has been decided whether
10 the application should be transferred,
(f) require that a protection application which is being investi-

gated by the Minister shall be transferred,
(g) provide that, where a protection application has been

transferred to a safe third country, the person concerned
15 shall be transferred to that safe third country,
(h) provide for the investigation of a protection application by

the Minister notwithstanding that a safe third country has
responsibility for examining the application,
(i) specify the measures to be taken for the purpose of the

20 transfer of a person whose protection application has
been transferred including, where necessary, the tempor-
ary detention or restriction of the person, and
(j) provide for the temporary detention (for a period not

exceeding 48 hours) until a decision on the matters
25 referred to in paragraph (a) has been made, of a person
who, having arrived in the State directly from a safe third
country, makes a protection application.
(3) The Minister may communicate to the authorities of a safe

third country such information relating to a protection application or
30 to the person making such application (including personal
information) as may be necessary for giving effect to an agreement
of the kind referred to in section 118, but information concerning the
grounds on which a particular application for protection is based or
the grounds on which a decision concerning such an application is
35 based shall not be communicated under this section without the prior
consent of the person the subject of the application.
(4) Where a protection applicant is to be transferred under this

section—

40 terminated,
(b) the report referred to in section 88(1) shall not be prepared

shall include a determination, together with the reasons
for that determination, that the State is not the state
45 responsible for determining whether the person is
entitled to protection, and
(c) the Minister shall notify in writing the protection appli-

cant, and his or her legal representative (if known), of
the transfer, which notification shall include—
50 (i) a copy of the report under paragraph (b),
139
(ii) a statement that the protection applicant’s protection
application entry permission has in accordance with
section 75, has ceased to be valid, and
(iii) a statement of the effect of paragraph (a).
Council Regulation 120.—(1) The Minister may make such regulations as appear to 5
country— transfer him or her to be necessary or expedient for the purpose of giving
of persons. effect to the—
(a) transfer of a person from the State to a Council Regulation

country, and
(b) transfer of a person to the State from a Council Regu- 10

lation country.

lations under that subsection may—
(a) provide for an appeal against a determination to transfer

a person from the State to a Council Regulation country 15
and for the procedure in relation to such an appeal,
(b) provide, where the regulations specify that the making of

an appeal shall not suspend the transfer of a person from
the State to a Council Regulation country, that such
transfer is without prejudice to the appeal decision, 20
(c) specify the measures to be taken for the purpose of the

transfer of a person from the State to a Council Regu-
lation country, including, where necessary, the temporary
detention or restriction of the person,
(d) provide that, where a protection applicant withdraws his 25

or her protection application before the Minister has
determined whether it will be investigated in the State or
transferred to a Council Regulation country, the Minister
may make that determination as if the application had
not been withdrawn, and 30
(e) provide for the temporary detention (for a period not

exceeding 48 hours) of a protection applicant who has
arrived in the State directly from a Council Regulation
country until a determination has been made as to
whether he or she will be transferred. 35
(3) Where a protection applicant is to be transferred under this

section to a Council Regulation country—

terminated,
(b) the report referred to in section 88(1) shall not be prepared 40

shall include a determination, together with the reasons
for that determination, that the State is not the state
responsible for determining whether the person is
entitled to protection, and 45
(c) the Minister shall notify in writing the protection appli-

cant, and his or her legal representative (if known), of
the transfer, which notification shall include—
140
(ii) a statement that the protection applicant’s protection

application entry permission has, in accordance with
section 75, ceased to be valid, and
5 (iii) a statement of the effect of paragraph (a).
“Council Regulation” means Council Regulation (EC) No.

343/200310 of 18 February 2003 establishing the criteria and mechan-
isms for determining the Member State responsible for examining an
10 asylum application lodged in one of the Member States by a third-
country national or any Regulation amending or replacing that
Regulation;
“Council Regulation country” means any state to which the Council

Regulation applies.
15 PART 8
Further Provisions
121.—(1) A person is guilty of an offence if he or she, whether in Prohibition of false

the State or elsewhere, for any purpose connected with this Act, does documents etc.
any of the following:
20 (a) makes a statement or provides information or documents

that are, and that he or she knows or believes to be or is
reckless as to whether they are, false or misleading in a
material particular;
(b) with intent to deceive, destroys or conceals, or attempts to

25 destroy or conceal, his or her identity document or an
identity document relating to another person;
(c) forges, fraudulently alters, attempts to forge or fraudu-

lently alter or assists in or procures to be forged or
fraudulently altered a document;
30 (d) sells, supplies, attempts to sell or supply, or has in his or

her possession for the purpose of sale or supply, a forged
or fraudulently altered document or a document relating
to another person, with or without the consent of that
person;
35 (e) permits his or her identity document to be falsely used by

another person, or is reckless regarding such use of his
or her identity document by another person.
(2) A member of the Garda Síochána may—
(a) arrest without warrant a person whom he or she reason-

40 ably suspects of committing or having committed an
offence under this section, and
(b) seize and retain any document referred to in subsection

(1), which he or she reasonably suspects has been used,
10
O.J. No. L50, 25.02.2003, p.1
141
or is intended to be used, for any purpose under this Act,
for use as evidence in any criminal proceedings for such
period as is reasonable or, if proceedings are commenced
in which the document so seized is required for use in
evidence, until the conclusion of the proceedings, and 5
thereafter the Police (Property) Act 1897 shall apply to
the document so seized in the same manner as that Act
applies to property which has come into the possession
of the Garda Síochána in the circumstances mentioned in
that Act. 10
(3) Where in a prosecution of an offence under subsection (1) it

is shown to a court that the accused committed any of the acts
referred to in paragraphs (a) to (e) of that subsection in circum-
stances which give rise to the reasonable inference that such act was
committed for any purpose connected with this Act, it shall be pre- 15
sumed, unless the contrary is shown, that the act was committed for
such purpose.
Exchange of 122.—(1) An information holder shall give the Minister such sen-
information. sitive information as is in the information holder’s possession, control
or procurement. 20
(2) In subsection (1), “sensitive information” means information

about one or more foreign nationals that—
(a) appears to the information holder to relate to national

security, public security or public order, or
(b) in the information holder’s opinion ought for reasons of 25

public policy (“ordre public”) to be given to the Minister.
(3) Where an information holder (“requesting information

holder”) requests relevant information from another information
holder (“requested information holder”), the requested information
holder shall, as soon as practicable, give to the requesting infor- 30
mation holder such relevant information as is in the requested infor-
mation holder’s possession, control or procurement.
(4) Nothing in this Act shall be construed as compelling a

requested information holder to give relevant information or sensi-
tive information to a requesting information holder where, in the 35
event that the requested information holder would be required to
disclose or produce that information in legal proceedings, he or she
would be entitled to refuse to disclose or produce the information
on the grounds of legal professional privilege.
(5) Nothing in this Act shall be construed as compelling a 40

requested information holder to give relevant information or sensi-
tive information to a requesting information holder if that infor-
mation would be subject to medical professional privilege, except
relevant information that discloses the fact that a particular person
sought or received medical treatment or a report of a medical exam- 45
ination referred to in section 27(4)(e).
(6) If an information holder (other than the Minister or the Garda

Síochána) becomes aware of or obtains relevant information or sen-
sitive information concerning the probable commission of an offence
under this Act, he or she shall give that information to the Minister. 50
(7) Notwithstanding subsections (1) to (6)—
142
(a) the Minister may withhold relevant information or sensi-
tive information on grounds of national security, public
security, public order or public policy (“ordre public”),
(b) the Garda Síochána may withhold relevant information or

5 sensitive information where the giving of the information
would be likely to prejudice the prevention, detection or
investigation of offences or the apprehension or pros-
ecution of offenders, and
(c) the Revenue Commissioners may withhold relevant infor-

10 mation or sensitive information where the giving of the
information would be likely to prejudice the prevention,
detection or investigation of revenue offences or the
apprehension or prosecution of offenders.
(8) (a) In this section “relevant information” means information

15 about a person, whether or not obtained after the com-
mencement of this section, that—
(i) where the Minister is the requesting information

holder, was provided for the purposes of a foreign
national’s obtaining a benefit or service referred to
20 in paragraphs (a) to (h) of section 9(2), or for any
other purpose connected with the functions of the
requested information holder concerned and is
required—
(I) for the purposes of the operation and admini-

25 stration of the law concerning the entry into,
presence in and departure and removal from the
State of persons,
(II) for the purposes of ensuring the orderly regu-

lation of migration, the integrity of the immi-
30 gration system or the prevention and control of
the unlawful presence of persons in the State,
(III) for the purposes of establishing the identity,

nationality or lawfulness of the presence in the
State of the person or any other person,
35 (IV) for the purposes of establishing whether the per-

son or any other person is complying with the
conditions of an entry or residence permission
granted to him or her,
(V) investigating whether a person has committed an

40 offence under this Act, or
(VI) the protection of national security, public secur-

ity, public order or for reasons of public policy
(“ordre public”),
and
45 (ii) where the Minister is the requested information

holder, was provided for any purpose connected with
this Act, and is required by the requesting infor-
mation holder for any purpose connected with the
functions of the requested information holder con-
50 cerned, including the purposes of—
143
(I) determining whether the person or any other per-
son is entitled to any benefits or services
referred to in paragraphs (a) to (h) of section
9(2), or
(II) investigating whether the person or any other 5

person has committed an offence under this Act
or any Act under which a benefit or service
referred to in paragraphs (a) to (h) of section
9(2) is provided.
(b) Without prejudice to the generality of paragraph (a), 10

“relevant information” includes any of the following:
(i) a person’s name, including any name by which that

person is or was otherwise known;
(ii) a person’s sex;
(iii) the addresses of all of his or her dwelling places in 15

the State;
(iv) his or her date and place of birth;
(v) particulars of all documents sufficient to identify him

or her;
(vi) such further information relating to him or her as may 20

be prescribed;
(vii) where the person is a foreign national:
(I) his or her nationality and country of origin;
(II) the date, place and mode of each arrival by him

or her in or, as the case may be, departure by 25
him or her from, the State;
(III) whether, and the extent to which, he or she has

sought, entered or has been in employment,
including self-employment or has engaged in
any business, trade or profession, in the State; 30
(IV) particulars of the permission, or permissions, on

foot of which he or she is, or has been, present
in the State;
(V) a photograph sufficient to identify him or her;
(VI) particulars of his or her travel document or such 35

other document as may be required to identify
him or her;
(VII) particulars, as may reasonably be required, of any

services or benefits referred to in paragraphs (a)
to (h) of section 9(2) sought by him or her from 40
the requested information holder or provided to
him or her by the requested information holder;
(VIII) biometric information, if held by the requested

information holder;
144
(IX) such personal details of the kind referred to in
this subparagraph as may be prescribed, of any
of his or her family members, dependants or
other members of his or her household, whether
5 or not such family members, dependants or
other members of his or her household are resi-
dent in the State.
123.—(1) The Minister may— Exchange of

information: further
provisions.
(a) provide relevant information to, and receive relevant
10 information from, another state, and
(b) make arrangements with other states for those purposes.
(2) The Minister shall not, for the purposes of examining a protec-
tion application—
(a) directly disclose information about a protection appli-

15 cation (including the fact that the application has been
made) to any alleged actor of persecution or actor of
serious harm (within the meanings respectively given to
those terms by section 67) to which the application
relates, or
20 (b) seek any such information about a protection applicant

from such an actor in a way which would—
(i) directly inform the actor of the fact that a protection

application has been made by the applicant, or
(ii) be likely to jeopardise the safety of the applicant or

25 his or her dependants or the liberty or security of
other members of his or her family who are in his or
her country of origin.
“relevant information”, in relation to a state or the State,

30 means information about a person that—
(a) (i) relates to the operation and administration of the law

concerning the entry into, presence in, departure and
removal from the State or that state of persons, as
the case may be,
35 (ii) is required for the purposes of ensuring the orderly

regulation of migration, the integrity of the immi-
gration system or the prevention and control of the
unlawful presence of persons in the State or that
state, as the case may be,
40 (iii) is required for the purposes of establishing the ident-

ity, nationality or lawfulness of the presence in the
State or that state, as the case may be, of particular
persons, or
(iv) is necessary for the protection of national security,

45 public security, public order, or for reasons of public
policy (“ordre public”) of the State or that state,
and
145
(b) includes any of the following:
(i) the person’s name, including any name by which that

person is or was otherwise known;
(ii) the person’s sex;
(iii) the addresses of all of his or her dwelling places in the 5

State or another state;
(iv) his or her date and place of birth;
(v) particulars of all documents sufficient to identify him

or her;
(vi) such further information relating to him or her as may 10

be prescribed;
(vii) where the person is a foreign national:
(I) his or her nationality and country of origin;
(II) the date, place and mode of each arrival by him

or her in or, as the case may be, departure by 15
him or her from the State or that state, as the
case may be;
(III) whether, and the extent to which, he or she has

sought, entered or has been in employment,
including self-employment, or has engaged in 20
any business, trade or profession, in the State or
that state;
(IV) particulars of the permission, or permissions, on

foot of which he or she entered or is, or has
been, present in the State or that state; 25
(V) a photograph sufficient to identify him or her;
(VI) particulars of his or her travel document and all

other documents sufficient to identify him or
her;
(VII) particulars, as may reasonably be required, of any 30

services or benefits referred to in paragraphs (a)
to (h) of section 9(2) sought by, or provided to,
him or her in the State;
(VIII) particulars, as may reasonably be required, of any

state-funded services sought by, or provided to, 35
him or her in that state;
(IX) biometric information, if held;
(X) details of his or her immigration history in the

State or that state;
(XI) such personal details of the kind referred to in 40

this subparagraph as may be prescribed, of any
of his or her family members, dependants or
other members of his or her household, whether
or not such family members, dependants or
146
other members of his or her household are resi-
dent in the State or that state;
and
“state” includes—
5 (a) a place or territory for whose external relations a state,

other than that place or territory, is (in whole or in part)
responsible, and
(b) a place or territory for whose external relations the

government of a state, other than the government of that
10 place or territory, is (in whole or in part) responsible.
124.—(1) An authorised person may require a foreign national to Provision of

furnish to him or her biometric information in such form and in such biometric
manner as may reasonably be required, if that information is information.
required for—
15 (a) the performance by an authorised person of any of his or

her functions under this Act,
(b) any purpose connected with the grant or renewal of a visa,

entry permission, residence permission, long-term resi-
dence permission, protection application entry per-
20 mission or a protection permission under this Act, or the
conditions attaching to such visas or permissions,
(c) establishing the identity of a foreign national,
(d) establishing whether a foreign national is lawfully present

in the State,
25 (e) determining whether a foreign national is complying with

the conditions of his or her permission to be present in
the State, or
(f) any purpose connected with the removal of a foreign

national from the State.
30 (2) A requirement under subsection (1) shall be imposed on a

foreign national who is under the age of 14 years only in the pres-
ence of—
(a) a parent of, or person who is taking responsibility for the

foreign national concerned, or
35 (b) a person appointed in respect of the foreign national under

section 81(8).
(3) If and for so long as it appears to a person who is imposing or

has imposed a requirement under subsection (1) on a foreign national
that the foreign national is not under the age of 14 years, this section
40 shall apply to the foreign national as if he or she were not under
that age.
(4) A foreign national who, on being required to provide bio-

metric information under subsection (1), does not do so or provides
it in a way which is false or misleading—
147
(a) shall, where he or she is a protection applicant, be deemed
not to have made reasonable efforts to establish his or
her identity for the purposes of sections 79(1)(c) and 81
and to have failed to comply with section 86, and
(b) shall, in the case of a person who has been granted an 5

entry or residence permission, be deemed to have failed
to comply with a condition of that permission.
(5) The Minister shall cause to be kept, for the purposes of use
and storage, and in such form as he or she considers appropriate,
biometric information provided— 10
(a) under subsection (1), and
(b) by another state, in accordance with section 123.
(6) Biometric information referred to in subsection (5) may be

kept and used, including for its comparison to other such infor-
mation, for— 15
(a) any of the purposes referred to in subsection (1),
(b) the purposes of investigating whether a foreign national

has committed an offence under this Act,
(c) the purposes of investigating whether a foreign national

has committed a criminal offence punishable under the 20
law of the place of conviction by imprisonment for a
period of 12 months or by a more severe penalty, or
(d) the purposes of the protection of national security, public

security, public order, or for reasons of public policy
(“ordre public”). 25
(7) Biometric information provided under subsection (1), or

obtained from another state, and kept under subsection (5), shall (if
not earlier destroyed or deleted) be destroyed—
(a) subject to subsection , not later than 15 years after the

information was provided or obtained from the foreign 30
state, as the case may be, or
(b) not later than one month after the foreign national to
whom it relates becomes an Irish citizen or satisfies the
Minister that he or she has acquired citizenship or
nationality of a Member State. 35
(8) Biometric information provided under subsection (1), or

obtained from another state, and kept under subsection (5), may be
retained for so long as the foreign national to whom that information
relates is the subject of—
(a) a non-return order under section 55, 40
(b) a removal from the State under section 59, the period
referred to in subsection (8) of that section not having
expired,
(c) an exclusion order under section 132,
148
(d) an expulsion decision within the meaning of Council
Directive 2001/40/EC of 28 May 200111 on the mutual
recognition of decisions on the expulsion of third country
nationals, which stands for the time being in force,
5 (e) an entry ban within the meaning of Council Directive

2008/115/EC of the European Parliament and of the
Council of 16 December 2008 on common standards and
procedures in Member States for returning illegally stay-
ing third-country nationals12,
10 (f) any order or determination made by the Minister under

any enactment, or under any other power of the Minister,
relating to the entry into, or presence or residence in, the
State, which requires the foreign national to leave the
State or which prohibits the foreign national’s entry into
15 or presence in the State,
(g) a request by—
(i) an international tribunal for his or her surrender,
(ii) the International Criminal Court for his or her arrest

and surrender,
20 where the matter to which the request relates has not yet
been concluded by the tribunal or Court concerned,
(h) a European Arrest Warrant, within the meaning of the

European Arrest Warrant Act 2003, other than where—
(i) the foreign national concerned has been arrested and

25 surrendered, or
(ii) it has been determined that he or she shall not be

arrested and surrendered under Chapter I of Part 2
of that Act or is otherwise not to be arrested and
surrendered under Part 3 of that Act,
30 or
(i) a resolution of the Security Council of the United Nations,

or a European act, requiring the State to prevent the
entry into or transit through its territory of that foreign
national.
35 (9) Where a foreign national is required under any provision of

this Act to provide biometric information, any biometric information
so provided shall be deemed to have been provided under subsec-
tion (1).
(10) A foreign national who fails to comply with a requirement

40 under subsection (1) is guilty of an offence.
(11) For the purposes of this Part, a foreign national becomes an

Irish citizen when—
(a) he or she is granted a certificate of nationality, or

11
O.J. No. L 149, 02.06.01, p 34.
12
O.J. No. L 348, 24.12.2008, p. 98.
149
(b) his or her birth is registered in the foreign births register,
under the Irish Nationality and Citizenship Acts 1956 to 2004.
(12) For the purposes of subsection (8), a foreign national is the

subject of an order, determination, request, warrant, resolution or
European act at a particular time only if that order, determination, 5
request, warrant, resolution or European act remains in force at
that time.
“arrest and surrender” has the same meaning as it has in the Inter-
national Criminal Court Act 2006; 10
“authorised person” means—
(a) the Minister,
(b) an immigration officer,
(c) a member of the Garda Síochána, or
(d) a member of the civilian staff of the Garda Síochána 15

appointed under section 19 of the Garda Síochána Act
2005;
“international tribunal” and “surrender” have the same meanings as

they have in the International War Crimes Tribunal Act 1998.
Production of travel 125.—(1) A foreign national present in the State shall, unless he 20
documents. or she gives a satisfactory explanation of the circumstances which
prevent him or her from so doing, produce on demand—
(a) a valid travel document relating to him or her, or
(b) where he or she is the holder of a permit under this Act,

that permit. 25
(2) A foreign national who contravenes this section is guilty of

an offence.
“foreign national” means a person who is not an Irish citizen;
“on demand” means on demand made at any time by the Minister, 30

an immigration officer or a member of the Garda Síochána.
Requirement for 126.—(1) A person (other than an Irish citizen or a national of

travel document: the United Kingdom of Great Britain and Northern Ireland who is
embarkation from
State.
travelling directly to Great Britain, Northern Ireland, the Channel
Islands or the Isle of Man) embarking from the State shall, when 35
requested to do so by an immigration officer—
(a) comply with such reasonable instructions as the immi-

gration officer may give for the purposes of performing
his or her functions, and
150
(b) furnish to the immigration officer a travel document, a
valid travel ticket and such other information in such
manner as the immigration officer may reasonably
require for the purposes of that performance.
5 (2) Where an immigration officer requires a person to provide

biometric information—
(a) if the person is not a foreign national, the biometric

information—
(i) need only be furnished to the extent necessary to

10 enable the immigration officer to compare it with
any biometric information in a travel document fur-
nished by the person, to establish that the travel
document relates to him or her and to establish the
validity of that travel document, and
15 (ii) is not otherwise authorised to be retained, stored or

compared to any other biometric information, and
(b) if the person is a foreign national, the biometric

information—
(i) need only be furnished to the extent necessary to

20 enable the immigration officer to—
(I) compare it with any biometric information in the

person’s travel document or residence permit
and to establish that the travel document relates
to him or her and to establish the validity of that
25 travel document, and
(II) compare it with any biometric information con-

tained in the Register of Foreign Nationals or
the Register of Protection Applicants, as the
case may be, for the purposes of ensuring that
30 the person has complied with his or her obli-
gations under section 36(3) or 76(3), as the case
may be, and
(ii) is not otherwise authorised to be retained, stored or

compared to any other biometric information.
35 (3) A person who contravenes this section is guilty of an offence.
127.—(1) (a) The Minister may, for the purposes of— Advance passenger
information.
(i) the operation and administration of the law concern-
ing the entry into, presence in, departure and
removal from the State of persons,
40 (ii) ensuring the orderly regulation of migration, the

integrity of the immigration system or the prevention
and control of the unlawful presence of persons in
the State,
(iii) combating illegal immigration, smuggling of persons

45 and human trafficking,
(iv) establishing the identity and nationality of persons,
151
(v) the operation and administration of the law concern-
ing customs controls and formalities for the time
being applicable in relation to persons, or goods in
their baggage or brought with them (including any
prohibition or restriction on the importation or 5
exportation of goods), arriving in or departing from
the State,
(vi) establishing whether persons are persons of concern,
(vii) law enforcement, including the protection of national

security, public security, public order or public policy 10
(“ordre public”), or
(viii) international relations or interests abroad of the State

(including arrangements entered into relating to the
exchange of information),
require a carrier to collect and to transmit to him or her 15

electronically, and in such form as may be prescribed,
the information specified in subsection (2) in relation to
persons travelling to or from the State, or about to travel
to or from the State.
(b) The information specified in subsection (2) shall, in order 20

to meet a purpose referred to in paragraph (a) and to
enable the information to be shared with any person,
body or agency referred to in subsection (6), be trans-
mitted to the Minister—
(i) by the end of passenger boarding, and 25
(ii) 12 hours before departure of a vehicle on a journey

that is scheduled to be completed 2 hours or less
after the departure of that vehicle.
(c) Where a carrier notifies the Minister that it is impossible

for the information to be transmitted electronically, the 30
Minister may agree to accept the transmission of the
information in another way, so long as the information is
received by the Minister in accordance with paragraph
(b)(i) and (ii).
(2) The information referred to in subsection (1) is as follows: 35
(a) in relation to each person carried or to be carried on board

the vehicle—
(i) the number and type of the travel document used by

him or her, as provided to the carrier concerned,
(ii) his or her nationality, as provided to the carrier 40

concerned,
(iii) his or her full names, as provided to the carrier

concerned,
(iv) his or her date of birth, as provided to the carrier

concerned, 45
(v) the port at which the person is to arrive in or depart

from the State,
152
(vi) the mode of transport used,
(vii) the scheduled departure and arrival times of the

vehicle,
(viii) the total number of passengers carried on that

5 vehicle, and
(ix) the initial point of embarkation where the person is

travelling to the State or, where the person is travel-
ling from the State, the scheduled destination of the
vehicle on which he or she is travelling;
10 (b) such other information as may be prescribed including—
(i) the passenger’s name as it appears on his or her res-

ervation,
(ii) the identity of any person who made the passenger’s

reservation on his or her behalf,
15 (iii) the identity of any person other than the persons

referred to in subparagraphs (i) and (ii) who paid for
the passenger’s ticket,
(iv) the names of all other passengers appearing on the

passenger’s reservation,
20 (v) the ticket number,
(vi) the date and place of issue of the ticket,
(vii) the method of payment for the ticket,
(viii) the details of any visa obtained for the purpose of

the journey,
25 (ix) the passenger’s travel itinerary, including details (as

provided for under this section) of any further jour-
neys booked or intended to be undertaken,
(x) if the passenger is travelling with a car or other

vehicle, the vehicle registration number and, if the
30 vehicle has a trailer, the trailer registration number
(if different from the vehicle registration number),
(xi) the passenger’s contact details, including telephone

number and e-mail address, and
(xii) records related to checked-in luggage.
35 (3) (a) A carrier on whom a requirement under subsection (1) has

been imposed shall comply with that requirement.
(b) A carrier who fails to comply with a requirement under

subsection (1) is guilty of an offence.
(4) A requirement under subsection (1) may relate to—
40 (a) a journey to or from a destination or destinations specified

in the requirement,
153
(b) a series of journeys to or from the specified destination or
destinations, or
(c) all journeys to or from the specified destination or desti-

nations within a period specified in the requirement.
(5) It is a defence for a person charged with an offence under a 5

provision of this section to show that he or she took all reasonable
steps to ensure compliance with the provision.
(6) (a) The Minister may share information transmitted under

subsection (3) relating to a person of concern or a foreign
national with— 10
(i) the Garda Síochána for a purpose referred to in sub-

paragraph (i), (ii), (iii), (iv), (vii) or (viii) of subsec-
tion (1)(a),
(ii) the Revenue Commissioners—
(I) for a purpose referred to in subparagraph (v), 15

(vii) or (viii) of subsection (1)(a), or
(II) where the information relates to a person of con-

cern who has committed, or is suspected of hav-
ing committed a revenue offence,
(iii) the Minister for Defence for a purpose referred to in 20

subparagraph (vii) or (viii) of subsection (1)(a),
(iv) the Minister for Foreign Affairs for a purpose

referred to in subparagraph (i), (ii) or (viii) of sub-
section (1)(a),
(v) the UK Border Agency (or its equivalent) for a pur- 25

pose referred to in subparagraph (i), (ii), (iii), (iv) or
(viii)) of subsection (1)(a), and
(vi) any other agency or body, national or international,

where the sharing of such data is required by a Euro-
pean act or an international agreement. 30
(b) The Minister may share with the Minister for Social Pro-
tection information transmitted under subsection (3)
relating to a person of concern who has committed, or is
suspected of having committed, an offence under the
Social Welfare Acts. 35
(c) The Minister may share with the Minister for Enterprise,
Trade and Innovation and the National Employment
Rights Authority information transmitted under subsec-
tion (3) relating to a person of concern who has commit-
ted, or is suspected of having committed, an offence 40
under the Employment Permits Acts 2003and 2006 and
any other enactment relating to employment or economic
activity in the State.
(d) Any information shared under paragraph (a), (b) or (c)

may also be used for the purpose of establishing or con- 45
firming the identity and whereabouts of a person present
in or entering or leaving, or about to enter or leave, the
State or another jurisdiction.
154
(7) (a) A carrier on whom a requirement under subsection (1) has
been imposed shall cause the information collected and
transmitted under subsection (3) to be deleted from that
carrier’s records within 24 hours of transmission.
5 (b) A carrier who fails to comply with a requirement under

paragraph (a) is guilty of an offence.
(8) (a) The Minister shall, subject to paragraph (b), cause the
information transmitted under subsection (3) to be stored
in a temporary file and deleted within 24 hours of receipt.
10 (b) Where the information relates to a person of concern or a

foreign national and is required for any of the purposes
referred to in subsection (1)(a), subsection (9) shall apply.
(9) (a) The Minister shall cause to be established and maintained,

for the purposes of storage and comparison, a record of
15 information to which subsection (8)(b) applies.
(b) The information referred to in paragraph (a) shall be

destroyed—
(i) in the case of a person of concern—
(I) not later than 3 years after it was received under

20 subsection (3), if the person to whom the infor-
mation relates is lawfully present in the State at
that time, or
(II) when the person ceases to be a person of

concern,
25 whichever is the earlier, and
(ii) in the case of a foreign national who is lawfully in the

State after the expiration of his or her entry
permission—

30 subsection (3), in the case of information
referred to in subparagraphs (i) to (v) or (viii)
of subsection (2)(a), and not later than 2 years
after it was received under subsection (3) in the
case of other information, or
35 (II) not later than one month after the foreign

national to whom it relates becomes an Irish
citizen or satisfies the Minister that he or she
has acquired citizenship or nationality of a
Member State,
40 whichever is the earlier, and
(iii) in the case of a foreign national other than a foreign

national referred to in subparagraph (ii)—

subsection (3), or
45 (II) not later than one month after the foreign

national to whom it relates becomes an Irish
citizen or satisfies the Minister that he or she
155
has acquired citizenship or nationality of a
Member State,
whichever is the earlier.
(10) An authorised officer may provide information to which sub-

section (9)(a) refers to a person, body or agency referred to in subsec- 5
tion (6), provided that the officer is satisfied, on foot of a written
request from that person, body or agency, that the provision of such
information is necessary for a purpose mentioned in subsection (6)
that is appropriate to that person, body or agency.
(11) In this section— 10
“authorised officer” means an officer of the Minister of a grade not

below Assistant Principal Officer authorised by him or her to per-
form the functions at subsection (10);
“National Employment Rights Authority” means the body dedicated

to employment rights compliance to be established or established 15
(both on an interim and a statutory basis) and referred to in sections
12(3) and 13(1) of Part Two of the publication entitled ‘Ten-Year
Framework Social Partnership Agreement 2006-2015’, published on
behalf of the Department of the Taoiseach in June 2006 by the
Stationery Office and known as ‘Towards 2016’; 20
“person of concern” means a person who—
(a) has committed, or is suspected of having committed—
(i) an offence under this Act,
(ii) an offence in respect of which a European arrest war-

rant could be issued in the State or a Member State 25
under the European Arrest Warrant Act 2003,
(iii) an offence under the Employment Permits Acts 2003

and 2006 or any other enactment relating to employ-
ment or economic activity in the State,
(iv) a revenue offence, or 30
(v) an offence under the Social Welfare Acts,
(b) has engaged in or facilitated, or is suspected of having

engaged in or facilitated, illegal immigration, smuggling
of persons or human trafficking,
(c) is a victim, or is suspected of being a victim, of any of 35

the activities referred to in paragraph (a) or (b) and the
retention of the information concerned in accordance
with subsection (9) would assist in the investigation of any
offence committed under those paragraphs, or
(d) on the basis of information available to the Minister, 40

including information provided to the Minister by any
person, body or agency referred to in subsection (6)(a),
the Minister is satisfied should be treated as a person of
concern for any purpose mentioned in subsection (1)(a).
“smuggling of persons” shall be construed in accordance with Part 9. 45
156
128.—(1) Every prescribed carrier or carrier of a prescribed class Statutory notice.
shall display in the carrier’s vehicle, and every keeper of premises
within the meaning of section 129 shall display on the keeper’s prem-
ises, a statutory notice in such manner as the Minister may prescribe
5 and which states the effect of such of the provisions of this Act or of
such orders and regulations made under it and such directions under
or about those provisions given by the Minister as the Minister may
specify.

10 offence.
129.—(1) The keeper of premises shall maintain in the premises Registers of foreign
a register in the prescribed form of all relevant foreign nationals and, nationals in certain
premises, etc.
if required to do so by an immigration officer or a member of the
Garda Síochána, shall produce the register maintained by that
15 keeper to that officer or member.
(2) If the keeper of premises reasonably believes that he or she

has evidence of the commission of an offence under section 121, he or
she shall immediately provide that evidence to the Garda Síochána.
(3) A relevant foreign national shall provide the keeper of prem-

20 ises with such information as the keeper may require to comply with
his or her obligations under this section.
(4) A keeper of premises shall not charge any fee to a foreign

national that is greater than the prescribed fee in respect of—
(a) the keeper’s compliance with his or her obligations under

25 this section, or
(b) the keeper’s furnishing of any document that the foreign

national may require in order to comply with his or her
obligations under this Act.
(5) The Minister may make regulations in relation to the follow-

30 ing matters:
(a) the maintenance of the register;
(b) the furnishing and gathering of information required for

the making of entries in the register;
(c) the period for which the register is to be maintained and

35 retained;
(d) the maximum fee that may be charged in respect of a

matter referred to in subsection (4);
(e) the specification of which of the provisions of the regu-

lations are to be penal provisions for the purposes of sub-
40 section (8).
(6) A keeper who contravenes subsection (1), (2), (4) or (5) is

guilty of an offence.

an offence.
157
(8) A person who contravenes a provision of regulations made
under subsection (5) that is specified under paragraph (e) of that
subsection as a penal provision is guilty of an offence.
(9) In this section,
“keeper” means— 5
(a) in relation to a premises described in paragraph (a) of the

definition of “premises” in this subsection, its manager or
proprietor, and
(b) in relation to a premises described in paragraph (b) of that

definition, the proprietor of the business or the person in 10
charge of the educational establishment;
“premises” means—
(a) a hotel or other place in which lodging or sleeping accom-

modation is provided on a commercial basis, and
(b) premises which is a prescribed educational establishment 15

or an educational establishment of a class of prescribed
educational establishments, or in which there is a pre-
scribed business, or a business of a class of prescribed
businesses, being carried on;
“relevant foreign national” means— 20
(a) in the case of a keeper of premises described in paragraph

(a) of the definition of “premises” in this subsection, a
foreign national staying at those premises, and
(b) in the case of a keeper of premises referred to in para-

graph (b) of that definition, a foreign national enrolled 25
in or attending that establishment.
Appointment of 130.—(1) The Minister may appoint such and so many persons as
immigration he or she considers appropriate to perform the functions conferred
officers, etc. on immigration officers by or under this Act (or such of those func-
tions as may be specified in the appointment) and every person so 30
appointed shall hold office on such terms and conditions as may be
determined by the Minister at the time of the appointment, including
terms and conditions as to the period for which a person appointed
under this section will hold office.
(2) An officer appointed under this section shall be furnished with 35

a warrant of appointment and shall, when exercising any power con-
ferred on him or her under this Act, if requested by a person
affected, produce the warrant of appointment or a copy of it to that
person.
(3) The Minister may revoke an appointment made under this 40

section, or an appointment of an immigration officer to whom section
161 applies, or amend the terms and conditions of such an
appointment.
(4) The Minister may by order designate—
(a) an area to be an immigration area within which an immi- 45

gration officer may perform the functions conferred on
immigration officers under this Act,
158
(b) a place to be an immigration area office for an immi-
gration area.
131.—(1) An immigration officer may, for the purposes of per- Powers of

forming functions under this Act— immigration
officers.
5 (a) enter or be present in any place in the State which the

officer reasonably suspects to be in use as a port,
(b) at any port or other place in the State, stop, enter and
board any vehicle which the officer reasonably suspects
is being used for the conveyance of persons into or out
10 of the State,
(c) at any port in the State, stop and examine a person arriv-
ing into or leaving the State whom the officer reasonably
suspects to be a foreign national,
(d) enter and be present in any premises within the meaning

15 of section 129,
(e) require, at any reasonable time, any person in a place to

produce to the officer any documents which are in the
control of that person,
(f) inspect and take copies of or extracts from any documents

20 in a place, including, in the case of information in a non-
legible form, copies of or extracts from such information
in a permanent legible form,
(g) require any person to give to the officer any other infor-
mation which the officer may reasonably require,
25 (h) require any person by or on whose behalf data equipment

is or has been used or any person having charge of, or
otherwise concerned with the operation of the data
equipment or any associated apparatus or material, to
afford the officer all reasonable assistance in relation to
30 it and assist in the retrieval of information connected with
the operation of such data equipment, apparatus or
material,
(i) have photographs taken of any thing in a place and

remove the photographs from the place, and
35 (j) exercise the other powers conferred on him or her by or

under this Act or otherwise.
(2) A person who fails to comply with a request or requirement

of an immigration officer under subsection (1) is guilty of an offence.
(3) Without prejudice to the powers conferred on an immigration

40 officer by or under this section, if a judge of the District Court is
satisfied by information on oath of a member of the Garda Síochána
not below the rank of sergeant that—
(a) it is necessary for the purposes of the enforcement of this

Act that a place specified in the information be searched
45 by immigration officers or members of the Garda Síoch-
ána or both, or
159
(b) there are reasonable grounds for suspecting that evidence
of or relating to an offence under this Act is to be found
at a place so specified,
the judge may issue a warrant for the search of the place and any
persons found at that place. 5
(4) A warrant issued under this section shall be expressed and

shall operate to authorise a named immigration officer or member
of the Garda Síochána, accompanied by such and so many other
officers, members or persons as the officer or member thinks neces-
sary, to— 10
(a) enter, at any time or times within 7 days from the date of
the issue of the warrant, on production if so requested of
the warrant, and if necessary by the use of reasonable
force, the place specified in the warrant,
(b) search that place and any persons found there, and 15
(c) seize anything found there or in the possession of any per-

son found there which an immigration officer or member
of the Garda Síochána named in the warrant reasonably
believes to be evidence of or relating to an offence under
this Act. 20
(5) An immigration officer or member of the Garda Síochána act-

ing under the authority of a warrant referred to in subsection (4)
may—
(a) require any person present at the place where the search
is being carried out to give to the officer or member his 25
or her name and address, and
(b) arrest without warrant any person who—
(i) obstructs or hinders or attempts to obstruct or hinder

the officer or member in the carrying out of his or
her duties or any person accompanying the officer or 30
member for the purposes of assisting the officer or
member in the carrying out of his or her duties,
(ii) fails to comply with a requirement under paragraph

(a), or
(iii) in response to such a requirement, gives a name or 35

address that the officer reasonably believes is false
or misleading.
(6) A person who—
(a) obstructs or hinders or attempts to obstruct or hinder an

immigration officer or member of the Garda Síochána 40
acting under the authority of a warrant referred to in sub-
section (4),
(b) fails to comply with a requirement under subsection

(5)(a), or
(c) in response to such a requirement, gives a false or mislead- 45

ing name or address,
is guilty of an offence.
160
(7) In this section, “place” includes any land, dwelling, building
or part of a building, premises, any vehicle and any structure or con-
tainer used or intended for use for the carriage of persons or goods.
132.—(1) The Minister may, if he or she considers it necessary, in Exclusion orders.

5 the interests of national security, public security or public order or
for reasons of public policy (“ordre public”), by order exclude a
foreign national specified in the order from the State, either indefin-
itely or for such period as may be specified in the order.
(2) A foreign national who enters or is present in the State in

10 contravention of an exclusion order is guilty of an offence.
(3) This section is without prejudice to the regulations referred to

in section 10(2).
133.—(1) The validity of any of the following shall not, in any Judicial review:
legal proceedings, be questioned otherwise than by way of an appli- special provisions.
15 cation for judicial review under Order 84 of the Rules of the Superior
Courts 1986 (S.I. No. 15 of 1986) (“the Order”):
(a) a refusal under section 29(1)(b) to permit a foreign

national to enter the State, where the foreign national
concerned is still present in the State;
20 (b) a refusal to grant a residence permission under section 35,

or a long-term residence permission under section 46;
(c) a refusal to renew a residence permission under section 40

or a long-term residence permission under section 48;
(d) a modification of conditions of a residence permission

25 under section 43;
(e) a revocation of a residence permission, an enhanced resi-

dence permission or a long-term residence permission
under section 49;
(f) a confirmation under section 54 of a refusal to renew a

30 residence permission, or a revocation of a residence per-
mission or a determination under that section to that
effect;
(g) a removal from the State under section 59(1);
(h) a condition imposed on a foreign national under section 61

35 or 62;
(i) a determination under section 82(1) that a protection

application is inadmissible;
(j) a determination referred to in section 88(3)(b) or (c);
(k) the deeming under section 90 that a protection application

40 has been withdrawn;
(l) a decision of the Tribunal under section 96(2);
(m) the deeming under section 95 that an appeal has been

withdrawn;
161
(n) a decision under section 97 to refuse to consent to a sub-
sequent protection application being made;
(o) a refusal under section 109(7) to grant a protection dec-

laration;
(p) a determination to transfer a protection application, or a 5

decision on appeal to affirm such a determination, made
pursuant to regulations made under section 119 or 120;
(q) a determination under section 138 that a marriage is a mar-

riage of convenience;
(r) a requirement under Regulation 14 of the European Com- 10

munities (Aliens) Regulations 1977 (S.I. No. 393 of 1977);
(s) a requirement under Regulation 14 of the European Com-

munities (Right of Residence for Non-Economically
Active Persons) Regulations 1997 (S.I. No. 57 of 1997);
(t) an order under Regulation 20 of the European Communi- 15

ties (Free Movement of Persons) (No. 2) Regulations
2006 (S.I. No. 656 of 2006); or
(u) any other act, decision or determination under this Act

prescribed under subsection (12).
(2) An application by a person for leave to apply for judicial 20

review under the Order in respect of any of the acts, decisions or
determinations referred to in subsection (1) shall—
(a) be made within the period of 14 days beginning on the

date on which the person was notified of the act, decision
or determination, and 25
(b) be made by motion on notice (grounded in the manner

specified in the Order in respect of an ex parte motion
for leave) to the Minister and any other person specified
for that purpose by order of the High Court,
and such leave shall not be granted unless the High Court is satisfied 30
that there are substantial grounds for contending that the act,
decision, or determination is invalid or ought to be quashed.
(3) The High Court may not extend the period referred to in sub-
section (2)(a) unless satisfied either—
(a) that— 35
(i) the applicant, having exercised reasonable diligence—
(I) did not become aware until after that period’s

expiration of the material facts on which the
grounds for his or her application are based, or
(II) became aware of those facts before that period’s 40

expiration but only after such number of days
of that period had elapsed as would have made
it not reasonably practicable for the applicant to
have made his or her application for leave
before that period’s expiration, and 45
162
(ii) his or her application for leave was made as soon as
practicable after the applicant became aware of
those facts;
or
5 (b) that there are other exceptional circumstances relating to

the applicant as a result of which, through no fault of
the applicant, his or her application was not made within
that period.
(4) The determination of the High Court—
10 (a) of an application for leave to apply for judicial review

under the Order in respect of any act, decision or deter-
mination referred to in subsection (1),
(b) of an application for such judicial review, or
(c) whether to extend, under subsection (3), the time for mak-
15 ing an application,
shall, subject to subsection (5), be final.
(5) An appeal shall lie from a determination of the High Court

referred to in subsection (4), but only with the leave of the High
Court, which leave shall be granted only where the High Court certi-
20 fies that its decision involves a point of law of exceptional public
importance and that it is desirable in the public interest that an
appeal should be taken to the Supreme Court.
(6) Subsection (4) shall not apply to a determination of the High

Court in so far as it involves a question as to the validity of any law
25 having regard to the provisions of the Constitution.
(7) Where, in the opinion of the High Court, the grounds put
forward for contending that an act, decision or determination
referred to in subsection (1) is invalid or ought to be quashed are
frivolous or vexatious, the Court may, (whether on application or on
30 its own motion) by its order, so declare and shall direct by whom
and in what proportion the costs are to be borne, including whether
the costs, or a part of the costs, of the proceedings shall be borne by
the legal representative of the applicant.
(8) An application by a foreign national for leave to apply for

35 judicial review of a decision relating to a transfer under section 119
or 120 or a removal of the foreign national from the State, or leave
to apply for an extension of time under subsection (3), shall not of
itself suspend or prevent the foreign national’s transfer or, as the
case may be, removal from the State, but the High Court may, if
40 satisfied that unless it does so the foreign national would be unable
to instruct his or her legal representative in relation to the matter,
suspend the transfer or removal for such period as is necessary for
such instruction.
(9) Where it is proposed to remove a person from the State fol-

45 lowing the rejection of his or her protection application or a decision
under section 97 to refuse to consent to his or her making a sub-
sequent protection application, that person may not challenge
(whether by way of judicial review or otherwise) his or her removal
from the State solely on the basis of the existence of information
50 that was or could reasonably have been available to the person but
163
was not available to the Minister or, as the case may be, the Tribunal
before the rejection or deemed rejection of the application.
(10) The High Court shall give such priority as it reasonably can,
having regard to all the circumstances, to the disposal of proceedings
of the kind referred to in this section. 5
(11) The Superior Courts Rules Committee may make rules to

facilitate the giving of effect to subsection (10).
(12) (a) The Minister may prescribe any act, decision or determi-
nation under this Act to be an act, decision or determi-
nation to which subsection (1) applies. 10
(b) In exercising his or her power under paragraph (a), the

Minister shall have regard to the need for the proper and
effective management of applications under this Act, and
to the interests of justice.
Penalties and 134.—(1) A person guilty of an offence under this Act (other than 15
proceedings. an offence under section 6, 33, 110(5), or 149) is liable, where no
other penalty is provided—
(a) on summary conviction, to a fine not exceeding €5,000 or

to imprisonment for a term not exceeding 12 months or
both, or 20
(b) on conviction on indictment, to a fine not exceeding

€500,000 or to imprisonment for a term not exceeding 5
years or both.
(2) A person guilty of a first offence under section 6 is liable, on

summary conviction to a fine not exceeding €5,000 or imprisonment 25
for a term not exceeding 12 months or both.
(3) Where a person has been convicted of a first offence under

section 6 and, following such conviction, in continuing breach of that
section fails to leave the State, he or she shall be liable, on summary
conviction, to a fine not exceeding €500 for each day on which he or 30
she remains in the State in breach of that section.
Offences by body 135.—(1) Where an offence under this Act is committed by a

corporate, etc. body corporate or by a person purporting to act on behalf of a body
corporate or an unincorporated body of persons and is proved to
have been committed with the consent, connivance or approval of, 35
or to have been attributable to any wilful neglect on the part of, any
person who, when the offence was committed, was a director, a
member of the committee of management or other controlling auth-
ority of the body concerned, or the manager, secretary or other
officer of the body or a person who was purporting to act in any such 40
capacity, that person shall also be guilty of an offence and shall be
liable to be proceeded against and punished as if guilty of the first-
mentioned offence.
(2) Where the affairs of a body corporate are managed by its

members, subsection (1) shall apply in relation to the acts and 45
defaults of a member in connection with his or her functions of man-
agement as if he or she were a director or manager of the body
corporate.
164
136.—(1) Where a notice is required or authorised by or under Service of notices
this Act to be given to a person, it shall be addressed to him or etc.
her and shall be served on or given to him or her in one of the
following ways:
5 (a) where it is addressed to him or her by name, by delivering

it to him or her;
(b) by sending it by post in a prepaid registered letter, or by

any prescribed form of recorded delivery service,
addressed to him or her—
10 (i) at the address most recently provided by him or her

to the Minister or for inclusion on the Register of
Foreign Nationals or the Register of Protection
Applicants, as the case may be, under this Act,
(ii) where he or she has, for the purposes of this Act

15 appointed a legal representative, the business
address of the legal representative, or
(iii) where an address for service has been furnished, at

that address.
(2) Where a notice under this Act has been sent to a person in
20 accordance with subsection (1)(b), the notice shall be deemed to have
been duly given to the person on the third working day after the day
on which it was so sent.
(3) Where a notification or document is to be given under this

Act to the High Commissioner, it may be given at such place and in
25 such manner as may be agreed with him or her.
137.—(1) Subject to any regulations made under subsection Restrictions on

(10)(c), a foreign national, while present in the State, shall not, unless change of name.
authorised by a licence under this section—
(a) change his or her name (as provided for the purposes of
30 obtaining a visa, entry permission, residence permission,
long-term residence permission, protection application
entry permission or a protection permission under this
Act or any previous licence under this section), or
(b) use or assume in any records, deeds or documents or any

35 other writing or any actions, suits or proceedings or in
any dealings, transactions matters or things whatsoever,
a name other than the one referred to in paragraph (a).
(2) The Minister may, on an application in the prescribed form

made to him or her by a foreign national and accompanied by such
40 fee (if any) as may be prescribed, issue a licence under this section,
but the Minister shall not issue such a licence where he or she is of
the opinion that to do so would not be in the interests of—
(a) the orderly regulation of migration and the integrity of the

immigration system,
45 (b) national security, public security, public order or public

policy (“ordre public”), or
165
(c) the prevention and combating of fraud in relation to the
provision of benefits and services referred to in section
9(2)(a) to (h).
(3) A licence under this section—
(a) shall have effect— 5
(i) from the date specified in it, and
(ii) subject to such conditions as the Minister may specify,

having regard to the matters referred to in subsection
(2)(a), (b) and (c),
and 10
(b) shall cease to have effect—
(i) subject to subparagraph (ii), from the date specified

in it, or
(ii) on the date, referred to in subsection (9), that a

decision to revoke it takes effect. 15
(4) A foreign national who—
(a) contravenes subsection (1), or
(b) fails to comply with a condition specified in a licence under

this section,
is guilty of an offence. 20
(5) The Minister may revoke a licence under this section where—
(a) the foreign national to whom the licence has been issued
has failed to comply with a condition specified in the
licence, or
(b) in the opinion of the Minister, on grounds of national 25

(“ordre public”), the revocation would be appropriate.
(6) Where the Minister proposes to revoke under subsection (5) a

licence under this section, he or she shall notify in writing the foreign
national to whom the licence has been issued, in a language he or 30
she may reasonably be supposed to understand, of the proposal.
(b) a statement that the foreign national concerned may,

within 5 working days of the notification being received 35
duly given to, him or her, make representations to the
Minister as to why the licence should not be revoked as
proposed, and
(c) a statement that if no such representations are made by 40

the foreign national concerned within the period referred
to in paragraph (b), then the licence will be revoked from
the date specified in the notification.
166
(8) In deciding whether to revoke a licence under this section the
Minister shall have regard to any representations duly made to him
or her under subsection (7)(b).
(9) A decision to revoke a licence under this section shall take

5 effect—
(a) where no representations have been made within the

period specified in subsection (7)(b), from the date speci-
fied in the notification under subsection (6), or
(b) where representations have been made within the period

10 specified in subsection (7)(b), from the date on which the
Minister notifies the foreign national concerned of his or
her decision.
(10) The Minister may prescribe—
(a) forms and procedures for the purposes of this section,
15 (b) criteria for the grant of a licence under this section, and
(c) classes of foreign nationals not required to have a licence

under this section, either generally or for the purpose of
particular transactions or matters, where he or she is
satisfied that the prevention of fraud and the integrity of
20 the immigration system do not require that class of
foreign nationals to have licences.
138.—(1) The Minister, in making his or her determination of any Marriage of

immigration matter, may disregard a particular marriage as a factor convenience.
bearing on that determination where the Minister under this section
25 deems or determines that marriage to be a marriage of convenience.
(2) Where the Minister, in taking into account a marriage for the
purpose of making a determination of any immigration matter, has
reasonable grounds for considering that the marriage is a marriage
of convenience, he or she may send a notice to the parties to the
30 marriage—
(a) setting out in writing the nature of those grounds, and
(b) requiring the parties to provide, within the time limit

specified in that notice, information to satisfy the Mini-
ster that the marriage is not a marriage of convenience.
35 (3) For the purposes of subsection (2)—
(a) the onus lies on the person subject to a requirement under

that subsection to establish, to the satisfaction of the
Minister, that the marriage is not a marriage of con-
venience, and
40 (b) where a person subject to a requirement under that sub-

section fails to provide the information concerned within
the time limit specified in the relevant notice, the Mini-
ster may, for the purpose of his or her determination of
the relevant immigration matter, deem the marriage to
45 be a marriage of convenience.
(4) The Minister may exercise the power under subsection (2) in
respect of a particular marriage whether or not—
167
(a) that marriage has previously been taken into account in
the determination of any immigration matter, or
(b) that subsection has previously been invoked in respect of

that marriage.
(5) The Minister shall determine whether a marriage referred to 5

in subsection (2) is a marriage of convenience having regard to—
(a) any information furnished under this section, and
(b) such of the following matters as appear to the Minister to

be relevant in the circumstances:
(i) the nature of the ceremony on the basis of which the 10

parties assert that they are married;
(ii) whether the parties have been residing together as

husband and wife, and, if so, the length of time dur-
ing which they have so resided;
(iii) the extent to which the parties have been sharing 15

income and outgoings;
(iv) the extent to which the parties have been dealing with
other organs of the State or the organs of any other
state as a married couple;
(v) the nature of the relationship between the parties 20

prior to the marriage;
(vi) whether the parties are each familiar with the other’s
personal details;
(vii) whether the parties speak a language which is under-

stood by both of them; 25
(viii) whether a sum of money or other inducement was

exchanged in order for the marriage to be contracted
(and, if so, whether this represented a dowry given
in the case of persons from a country or society
where the provision of a dowry is a common 30
practice);
(ix) whether the parties have a continuing commitment to

mutual emotional and financial support;
(x) the marital history of each of the parties including any

evidence that either of them has previously entered 35
into a marriage of convenience;
(xi) whether any previous conduct of either of the parties

or the foreign national to whom the immigration
matter under consideration relates (if different) indi-
cates that any of them has previously arranged a 40
marriage of convenience or otherwise attempted to
circumvent the immigration laws of the State or any
other state;
(xii) the immigration status of the parties in the State or in

any other state; 45
168
(xiii) any information provided by an tArd-Chláraitheoir or
a registrar;
(xiv) any other matters which appear to the Minister to

raise reasonable grounds for considering the mar-
5 riage to be a marriage of convenience.
(6) The Minister may prescribe procedures and forms for the pur-
poses of this section.
“immigration matter” means any question relating to the grant of a

10 visa to, or the entry into, presence in or removal from the State of,
a foreign national;
“marriage of convenience” means a marriage contracted, whether

inside or outside the State, where at least one of the parties is a
foreign national and where, for at least one of the parties, expedi-
15 ency, in the form of the obtaining—
(a) from the Minister, a determination of an immigration

matter, or
(b) from the immigration authority of another state, a deter-

mination of an equivalent matter,
20 favourable to either of the parties to the marriage or to another

foreign national, was the predominant motivation in contracting the
marriage;
“registrar” has the same meaning as it has in section 17 of the Civil

Registration Act 2004.
25 139.—(1) A foreign national may, by notice given to him or her Victims of

in writing by the Minister, be permitted to be present in the State trafficking (recovery
for a recovery and reflection period if the foreign national is a foreign and reflection).
national in respect of whom a member of the Garda Síochána not
below the rank of Superintendent has provided a statement to the
30 Minister to the effect that that member considers that there are
reasonable grounds for believing that that foreign national is a victim
of trafficking.
(2) A recovery and reflection period—
(a) shall commence from the date specified in the notice

35 referred to in subsection (1),
(b) may be terminated by the Minister where he or she is satis-

fied that—
(i) the foreign national has actively, voluntarily and on

his or her own initiative renewed his or her relevant
40 connections with the alleged perpetrators of the
trafficking,
(ii) it is in the interests of national security, public security

or public order, or necessary for reasons of public
policy (“ordre public”), to do so, or
45 (iii) the foreign national has falsely claimed to be a victim

of trafficking.
169
(3) A foreign national shall not be removed from the State during
his or her recovery and reflection period.
(4) The grant of permission to be present in the State under sub-

section (1) shall not, of itself, entitle the foreign national to remain
in the State upon the expiration of his or her recovery and reflec- 5
tion period.
(5) The Minister shall, either during the recovery and reflection
period or following its expiration as the Minister considers appro-
priate, grant a temporary residence permission to a foreign national
to remain in the State for a period not exceeding 6 months, where 10
the Minister is satisfied that—
(a) the foreign national has severed all of his or her relevant
connections with the alleged perpetrators of the traffick-
ing, and
(b) the permission is necessary for the purposes of allowing 15

the foreign national to continue to assist the Garda Síoch-
ána or other relevant authorities in relation to any inves-
tigation or prosecution arising in relation to the
trafficking.
(6) A temporary residence permission shall be renewed where the 20

Minister is satisfied that the conditions in subsection (5) continue
to apply.
(7) (a) The grant of a temporary residence permission shall not

of itself entitle the foreign national to remain in the State
upon the expiration of that permission. 25
(b) Where the foreign national is the holder of any permission

under this Act allowing him or her to enter or be present
in the State, a recovery and reflection period granted
under subsection (1) shall run concurrently with, and shall
not operate to extend, that permission. 30
(c) Where the permission referred to in paragraph (b) expires

before the recovery and reflection period expires, the
recovery and reflection period shall operate to permit the
foreign national to remain in the State until that period
expires or, as the case may be, he or she is granted a 35
temporary residence permission under subsection (5).
(8) A temporary residence permission may be revoked where the

Minister is satisfied that—
(a) the foreign national has actively, voluntarily and on his or

her own initiative renewed his or her relevant connec- 40
tions with the alleged perpetrators of the trafficking,
(b) the foreign national no longer wishes to assist the Garda

Síochána or other relevant authorities in relation to any
investigation or prosecution arising in relation to the traf-
ficking of the foreign national, 45
(c) the allegation that the foreign national is a victim of traf-

ficking is fraudulent or unfounded,
(d) any investigation or prosecution arising in relation to the

trafficking has been finalised or terminated, or
170
(e) the Minister is satisfied that it is in the interests of national
security, public security or public order, or necessary for
reasons of public policy (“ordre public”), to do so.
(9) Sections 53 and 54 apply to any decision to revoke a temporary

5 residence permission.
(10) (a) The Minister may make regulations prescribing a recovery

and reflection period exceeding 60 days which shall apply
to a foreign national or class of foreign national under
the age of 18 years.
10 (b) The Minister shall grant to a foreign national to whom a

recovery and reflection period of a kind referred to in
paragraph (a) has been granted a residence permission,
other than a temporary residence permission referred to
in subsection (5), which shall be renewable and subject to
15 such conditions as the Minister considers appropriate.
(c) The Minister shall exercise his or her power under para-
graph (a) having regard to the matters set out in subsec-
tions (2) and (4) of section 141.
(11) For the purposes of this section, “recovery and reflection

20 period”, with respect to a foreign national, means a period of 60 days
during which the foreign national can recover from alleged traffick-
ing and escape the influence of the perpetrators of the alleged traf-
ficking so that he or she can take an informed decision as to whether
to assist the Garda Síochána or other relevant authorities in relation
25 to any investigation or prosecution arising in relation to the alleged
trafficking.
140.—(1) The Minister shall make regulations prescribing the Treatment of

treatment of foreign nationals who are arrested and detained under foreign nationals
section 6, Part 6 or Part 7. regulations.
30 (2) Without prejudice to the generality of subsection (1), the

matters for which regulations under that subsection may provide
include the—
(a) provision of accommodation and other services and facili-

ties to a detained person,
35 (b) notices and information to be given to a detained person,
(c) records to be kept in respect of a detained person,
(d) information to be given to third parties in respect of a

detained person,
(e) communications a detained person may have with third

40 parties, which shall include reasonable access by him or
her to a legal representative and, where necessary, an
interpreter, and
(f) searching of, and use of force against, a detained person

where this is necessary for the safety and security of per-
45 sons and maintenance of good order and hygiene in the
place of detention.
(3) Regulations under subsection (1) may provide for—
171
(a) the treatment in a different manner of foreign nationals
detained in different places prescribed under this Act,
having regard to the need for safe custody, good order
and security in such places, and
(b) the treatment of such foreign nationals in a different man- 5

ner from other persons detained in those places.
Regulations 141.—(1) Subject to section 46 (other than subsection (1)(b) of

governing grant of that section) and Part 7, the Minister may, in the interests of the
permissions, etc. . common good or public policy (“ordre public”), make regulations
for the purposes of ensuring the orderly regulation of migration, the 10
integrity of the immigration system or the maintenance of national
security, public security or public order.

lations under this section may provide for—
(a) the classes of foreign nationals to whom entry permissions, 15

residence permissions, enhanced residence permissions
or long-term residence permissions (in this section
referred to as “permissions”) of particular categories may
be granted, and
(b) such conditions attaching to the different categories of 20

such permissions as the Minister considers appropriate,
including conditions—
(i) relating to duration of a permission,
(ii) requiring foreign nationals to whom a permission is

granted to be in a position to support themselves and 25
any accompanying dependants without recourse to
public funds,
(iii) requiring that foreign nationals co-operate fully with

the Minister or an immigration officer in any process
relating to the renewal, non-renewal or revocation 30
of permissions, or the modification of the conditions
attaching thereto,
(iv) requiring that foreign nationals undergo medical

examinations,
(v) requiring that foreign nationals have and maintain 35

adequate medical insurance in respect of themselves
and any accompanying dependants,
(vi) requiring, as a condition of the grant of permissions,

that foreign nationals provide deposits or enter into
bonds, in accordance with section 146, and specifying 40
circumstances where the forfeiture of such deposits
is to be secured or the bonds are to be enforced,
(vii) requiring, as a condition of the grant of permissions,

the payment of the costs of such publicly funded
services or benefits as foreign nationals and their 45
dependants are likely to avail of while in the State,
as estimated by the Minister after consultation with
the Ministers of the Government responsible for the
provision of such services and benefits, and subject
172
to adjustment during the period of validity of the
permissions,
(viii) relating to the extent to which foreign nationals may

have access to benefits or services referred to in
5 paragraphs (a) to (h) of section 9(2),
(ix) relating to the extent to which foreign nationals may

seek to enter into employment or to engage for gain
in any business, trade or profession,
(x) relating to the extent to which foreign nationals may

10 enjoy family reunification in the State,
(xi) relating to whether particular permissions may or may

not be renewed and where they may be renewed, the
conditions relating to such renewals,
(xii) relating to whether periods of residence in the State

15 on foot of the permission are reckonable for part-
icular purposes (including purposes unconnected
with immigration) and, if so, which purposes,
(xiii) specifying eligibility requirements of the type referred

to in section 46(1)(b), and
20 (xiv) relating to whether foreign nationals may apply for

modification of the conditions of permissions or for
permissions of different categories.
(3) A class of foreign nationals to whom a particular category of

permission applies may be specified by reference to such matters as
25 the Minister considers appropriate, including—
(a) nationality,
(b) age,
(c) purpose of entry into and presence in the State,
(d) proposed duration of that presence,
30 (e) family circumstances,
(f) occupation,
(g) educational, professional, vocational or other qualifi-

cations or experience,
(h) health,
35 (i) diplomatic status, and
(j) immigration status (whether in the State or in another

state).
(4) In specifying categories of permission under subsection (3) or

conditions of permission under subsection (2)(b), the Minister shall
40 have regard to whether the entry into or presence in the State of a
foreign national or a class of foreign nationals to whom a permission
of a category specified in those regulations may be granted will con-
tribute to—
173
(a) trade, commercial, tourist, cultural, educational or scien-
tific activities,
(b) the facilitation of the provision of skills and expertise in

the industrial, commercial, business, educational, scien-
tific, cultural or administrative fields having regard to 5
whether there is a shortage or surplus of such skills or
expertise in the State, the need to achieve and maintain
full employment of Irish citizens and the need to achieve
balanced development in the regions of the State,
(c) the pursuit by the State of the maximum social, cultural 10

and economic benefits of immigration for the prosperity
of all regions in the State,
(d) the enrichment and strengthening of the cultural and social

fabric of the State,
(e) the promotion of successful social integration of foreign 15

nationals into the State,
(f) the maintenance and protection of the health and safety

of Irish citizens and others lawfully resident in the State
and the good order of society within the State,
(g) the promotion of international understanding, order and 20

justice, including the fostering of respect for human rights
and denial of the use of the territory of the State to per-
sons who are likely to engage in criminal activity or
whose presence in the State would pose a threat to
national security or public security or be counter to public 25
order or public policy (“ordre public”),
(h) the fostering and development of the links between the

State and the United Kingdom of Great Britain and
Northern Ireland,
(i) the protection of the socio-economic fabric of the State, 30
(j) the protection of the security of the State, and
(k) the attainment or implementation of the economic policy

for the time being of the Government.
(5) The fact that a foreign national does not come within any of
the classes for the time being specified under subsection (2)(a) shall 35
not, of itself, render the foreign national concerned ineligible for the
grant to him or her of a visa or permission.
(6) Any permission granted to a foreign national who does not

come within any of the classes specified under subsection (2)(a) shall
be subject to such conditions as the Minister considers appropriate 40
in all the circumstances.
Fees. 142.—(1) The Minister may, with the consent of the Minister for
Finance, prescribe fees (which may include different fees for differ-
ent categories of visas, permissions or permits, different classes of
persons or different circumstances) payable in respect of— 45
(a) the making of any application under this Act,
(b) the grant of a visa,
174
(c) the grant, renewal or modification of the conditions of,
a permission,
(d) the issue of permits, and
(e) any other fee to be prescribed under this Act.
5 (2) In prescribing different fees under subsection (1), the Minister

may do so by reference to such factors or combinations of factors,
as he or she considers appropriate, including:
(a) whether, in his or her opinion, and having regard to immi-

gration policy, the entry into or presence in the State of
10 persons of a particular class would be in the interests of
the State,
(b) the likely effect that a particular fee, if prescribed, would

have on demand for a visa or permission, or for a visa or
permission of a particular category,
15 (c) the fees payable by Irish citizens to another state in respect

of a corresponding visa or permission,
(d) whether applications are for the first issue of a permission,

the renewal of a permission or modification of conditions
of a permission, or the replacement of a residence permit,
20 (e) circumstances of priority or urgency, and
(f) the time between applications and issue or grant of the

visas, permissions or permits concerned.
(3) The Minister or any other person to whom a prescribed fee is

payable may, if the fee (or any part of it) is not paid, recover it as a
25 simple contract debt.
(4) The Minister may, with the consent of the Minister for Fin-
ance, prescribe circumstances in which the prescribed fees specified
in the regulations under this section shall not be payable or may be
waived; and those circumstances may include those where the
30 application—
(a) is for protection or is made by a person who has been

granted a protection declaration, or
(b) is made by a person under the age of 18 years.
143.—(1) Without prejudice to regulations made under this Act, Directions.

35 the Minister may, at his or her discretion, give a direction to an immi-
gration officer in relation to a determination in respect of any matter
relating to the entry into or presence in the State of a particular
foreign national or a class of foreign nationals specified in the
direction.
40 (2) An immigration officer to whom a direction has been given

under this section shall comply with it.
(3) In exercising his or her discretion to give a direction under

subsection (1) the Minister shall have regard to the matters specified
in section 141(4).
175
Public security, etc. 144.—(1) In any proceedings challenging the validity of an act,
decision or determination under this Act, the opinion of the Mini-
ster that—
(a) the entry into or presence in the State of a foreign national

is or would be a threat to national security, public security 5
or public order or be contrary to public policy (“ordre
public”), or
(b) it is necessary, for reasons of national security, public

security, public order or public policy (“ordre public”) to
attach conditions to a foreign national’s permission to 10
enter or be present in the State,
shall be evidence that the foreign national is or would be such a

threat to national security, public security or public order or would
be contrary to public policy (“ordre public”) or, as the case may be,
that such conditions are necessary for such reasons; and the court in 15
any such proceedings may for the purposes of this subsection receive
hearsay evidence.
(2) The Minister shall not be obliged to disclose the source of

information upon which he or she formed the opinion referred to in
subsection (1). 20
(3) Nothing in this Act shall be construed as requiring the disclos-

ure of information the disclosure of which, in the opinion of the
Minister, would be prejudicial to national security, public security or
public order or would be contrary to public policy (“ordre public”).
(4) Nothing in this Act shall be construed as requiring the disclos- 25

ure of any information provided to the Minister by or on behalf of
the government of another state in accordance with an express or
implied undertaking given to that government that the information
is to be kept confidential without having obtained the consent of
that government. 30
Bonds, deposits and 145.—(1) This section applies where a foreign national is required
guarantees. to provide a deposit or enter into a bond under a relevant provision.
(2) In accordance with a relevant provision, the Minister, an

immigration officer or a member of the Garda Síochána, as the case
may be, may fix the amount of a deposit or bond, having regard to 35
any criteria specified in regulations under subsection (12).
(3) (a) A person shall not act as a guarantor unless the Minister,
immigration officer or member of the Garda Síochána,
as the case may be, is satisfied as to the sufficiency and
suitability of the person. 40
(b) In determining the sufficiency and suitability of a person

proposed as a guarantor under paragraph (a), the Mini-
ster, immigration officer or member of the Garda Síoch-
ána concerned shall have regard to—
(i) the financial resources of the person and, in part- 45

icular, whether the person is of sufficient means as
to be likely, in the event that the foreign national
fails to comply with a condition, to be able to honour
the guarantee,
176
(ii) the likelihood that the person will be present in the
State for the period referred to in subsection (7),
(iii) the relationship of the person to the foreign national

and, in particular whether the relationship exists
5 solely or mainly for a purpose relating to the foreign
national’s entry into or presence in the State, or the
provision of a guarantee by that person,
(iv) the character of the person, and
(v) any previous criminal convictions of the person.
10 (4) A guarantor, if a natural person, shall be not less than 18 years

of age and—
(a) an Irish citizen or,
(b) if not an Irish citizen—
(i) a citizen of a Member State,
15 (ii) a person who has established a right to enter and be

present in the State under any of the enactments
referred to in section 10(2), or
(iii) the holder of a long-term residence permit,
who has been lawfully resident in the State for not less
20 than 5 years.
(5) A person other than a natural person may be a guarantor

where the Minister, immigration officer or member of the Garda
Síochána, as the case may be, is satisfied that all formalities required
to bind the person have been complied with.
25 (6) Where a foreign national provides a deposit or enters into a

bond, the Minister shall provide him or her and, where applicable,
the guarantor with a notice setting out—
(a) the amount of the deposit or bond,
(b) the conditions which, if breached, would lead to the for-

30 feiture of the deposit or, as the case may be, the imple-
mentation of the bond,
(c) the circumstances in which the deposit shall be refunded

or, as the case may be, the bond shall be released,
(d) the period for which, in accordance with subsection (7),

35 the deposit shall not be refundable or, as the case may
be, the bond shall remain in effect,
(e) the effect of subsections (7) to (11).
(7) A deposit shall not be refundable, and a bond shall remain in

effect, for a period that ends—
40 (a) in the case of a deposit provided or bond entered into

under section 61(1) or 62(1), when the foreign national
concerned leaves the State and provides evidence of hav-
ing left it, and
177
(b) in any other case, when the visa, entry permission or resi-
dence permission to which it relates expires, and either
the foreign national concerned leaves the State and pro-
vides evidence of having left, or his or her presence in
the State become otherwise lawful. 5
(8) Where the Minister intends to secure the forfeit of a deposit

or to enforce a bond or guarantee, he or she shall give notice in
writing to the person concerned, and that person may, not later than
15 working days of the sending of the notice, make representations
in relation to the matter. 10
(9) (a) The Minister shall refund a deposit provided, or release a

bond entered into, at the end of the period referred to in
subsection (7) if satisfied that the foreign national to
whom the deposit or bond relates has not failed to com-
ply with any condition. 15
(b) The Minister shall not secure the forfeiture of a deposit or

enforce a bond or guarantee before the end of the period
(10) The Minister may waive all or any part of a sum to be for-
feited or paid under this section or refund all or any part of a sum 20
so forfeited or paid.
(11) (a) A foreign national who is eligible for the refund of a

deposit shall apply, in accordance with the prescribed
procedures, for that refund and if he or she does not do
so within 12 months of that deposit becoming refundable, 25
the deposit need not be refunded.
(b) For the avoidance of doubt, interest shall not be payable in

respect of any refund of a deposit under this subsection.
(12) The Minister may, for the purposes of this section,

prescribe— 30
(a) procedures and forms, and
(b) the criteria to which a person referred to in subsection (2)

is to have regard in fixing an amount of a bond or deposit
under that subsection.
(13) A deposit forfeited under this section shall be disposed of 35

by the Minister in such manner as may be directed by the Minister
for Finance.
(14) For the purposes of this section—
“bond” means a contract for the payment to the Minister by a foreign

national or, as the case may be, a guarantor, of a specified sum of 40
money in the event that the foreign national concerned fails to com-
ply with a condition;
“condition” means—
(a) any condition attached to a visa, entry permission or resi-

dence permission to which a deposit or bond relates, or 45
(b) any condition imposed on a foreign national under section

61(1) or 62(1);
178
“deposit” means a sum of money paid to the Minister, with the
agreement of the person paying it that the sum shall be forfeited in
the event that the foreign national concerned fails to comply with
any condition;
5 “guarantee”, in relation to a bond, means an undertaking given by a

third party that, in the event that the foreign national concerned fails
to comply with any condition, the third party shall pay to the Mini-
ster the sum of money referred to in the bond;
“relevant provision” means section 16, 61(1), 62(1) or 141(2)(b)(vi).
10 146.—(1) The Minister shall, not later than 6 months after the Statistical
end of each calendar year, publish a report containing, where such information.
information is available, statistical information concerning the pro-
cessing during that year of applications relating to the grant of visas
to, or the entry into, presence in or removal from the State of, foreign
15 nationals and any other relevant information.
(2) The Minister shall cause a copy of the report to be laid before
each House of the Oireachtas.
147.—Each provision specified in column 3 of Schedule 3 of each Amendments.

Act specified in column 2 of that Schedule is amended in the manner
20 specified in column 4 of that Schedule opposite the mention of that
provision.
PART 9
smuggling of persons
148.—(1) In this Part— Interpretation (Part

9).
25 “Convention State” means a state other than the State that is a party
to the United Nations Protocol against the Smuggling of Migrants by
Land, Sea and Air, supplementing the United Nations Convention
against Transnational Organised Crime, done at New York on the
15th day of November 2000;
30 “court”, other than in section 154(12), means, in relation to a

person—
(a) if the person has not been charged with an offence under
section 149 or if he or she has been so charged and pro-
ceedings for the offence have not commenced, the Dis-
35 trict Court, and
(b) if the person has been so charged and the proceedings con-
cerned have commenced, the court hearing the pro-
ceedings;
“designated state” means a country, other than the State, which is a

40 participating party or a cooperating party to the Convention imple-
menting the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Fed-
eral Republic of Germany and the French Republic on the gradual
abolition of checks at their common borders done at Schengen on
45 19 June 1990;
179
“enforcement officer” means—
(a) a member of the Garda Síochána,
(b) an officer of customs and excise authorised by the

Revenue Commissioners to perform functions under
this Part, 5
(c) a member of the Naval Service of the Defence Forces not

below the rank of petty officer, or
(d) an immigration officer;
“Irish ship” shall be construed in accordance with section 9 of the

Mercantile Marine Act 1955; 10
“outer limit of the territorial seas” shall be construed in accordance

with section 83 of the Sea-Fisheries and Maritime Jurisdiction Act
2006;
“ship” includes any vessel used in navigation except where other-

wise specified. 15
(2) In this Part, a reference to a state includes a reference to the

sub-sovereign entities of the state.
Facilitation of 149.—(1) (a) A person who organises or knowingly facilitates the

unlawful entry and unlawful entry into, or unlawful presence in, the State of
presence. a foreign national is guilty of an offence. 20
(b) Paragraph (a) shall apply to acts done or omissions made

outside the State, as well as acts done or omissions made
in the State.
(2) (a) A person who organises or knowingly facilitates the

unlawful entry into, or unlawful presence in, a designated 25
state of a foreign national is guilty of an offence.
(b) Paragraph (a) shall apply to any act done or omission

made outside the State if—
(i) the act is done or the omission is made by an Irish

citizen or by a person ordinarily resident in the State, 30
(ii) the act is done or the omission is made on board an

Irish ship, or
(iii) the act is done or the omission is made on an aircraft

registered in the State,
but in any such case section 150(2) shall apply. 35
(c) Paragraph (a) shall apply to an act done or an omission

made outside the State in circumstances other than those
specified in paragraph (b)(i) to (iii) if the doing of the act
or the making of the omission constitutes an offence for
which the person would be liable to extradition or surren- 40
der but extradition or surrender under a European arrest
warrant has been refused and in any such case he or she
is guilty of the like offence and liable to conviction and
to the like punishment as if the act were done or the
omission were made within the State. 45
180
(d) For the purposes of this subsection, a person who has his
or her principal residence in the State for the 12 months
immediately preceding the commission of an offence
under this section shall be deemed to be ordinarily resi-
5 dent in the State on the date of the commission of the
offence.
(3) Subsections (1) and (2) shall not apply to any act done or
omission made to assist a foreign national seeking protection in the
State or, as the case may be, a designated state, by a person in the
10 course of the person’s employment by a bona fide organisation if the
purposes of that organisation include giving assistance without
charge to foreign nationals seeking such protection.
(4) A court shall, in determining the sentence to be imposed on a

person for an offence under this section, except where it considers
15 that there are exceptional circumstances justifying its not so doing,
treat as an aggravating factor any behaviour by the offender related
to the commission of the offence—
(a) that endangered or was likely to endanger the life or safety

of a foreign national intending unlawfully to enter the
20 State or, as the case may be, a designated state, or a
foreign national intending to seek protection, or
(b) that resulted in the exploitation or inhuman or degrading

treatment of a foreign national intending to unlawfully
enter the State or, as the case may be, a designated state
25 or a foreign national intending to seek protection,
and the court shall impose a sentence that is greater than that which
it would have imposed in the absence of such an aggravating factor.
(5) A person who commits an offence under this section is

liable—
30 (a) on summary conviction, to a fine not exceeding €5,000 or

to imprisonment for a term not exceeding 12 months or
both, or
(b) on conviction on indictment, to a fine or to imprisonment

for a term not exceeding 10 years or both.
35 150.—(1) Proceedings for an offence under section 149 alleged to Proceedings relating
have been committed outside the State may be taken in any place in to offences
committed outside
the State and the offence may for all incidental purposes be treated State.
as having been committed in that place.
(2) Where a person is charged with an offence—
40 (a) under section 149(2), to which paragraph (b) of that sub-

section applies, or
(b) under section 149, to which section 155 applies,
no further proceedings in the matter (other than any remand in cus-

tody or on bail) may be taken except by or with the consent of the
45 Director of Public Prosecutions.
181
Evidence in 151.—(1) In any proceedings relating to an offence under section
proceedings under 149—
Part.
(a) a certificate that is signed by an officer of the Minister for
Foreign Affairs and stating that a passport was issued by
that Minister of the Government to a person on a speci- 5
fied date, and
(b) a certificate that is signed by an officer of the Minister and

stating that, to the best of the officer’s knowledge and
belief, the person has not ceased to be an Irish citizen,
shall be evidence that the person was an Irish citizen on the date on 10
which the offence concerned is alleged to have been committed,
unless the contrary is shown.
(2) A document purporting to be a certificate under paragraph

(a) or (b) of subsection (1) is deemed, unless the contrary is shown—
(a) to be such a certificate, and 15
(b) to have been signed by the person purporting to have

signed it.
(3) A document purporting to be a certificate signed by the Mini-

ster for Foreign Affairs stating that he or she—
(a) has received a request or authorisation from a Convention 20

State for the exercise of powers by an enforcement officer
under section 154 in relation to a ship registered in that
state, or
(b) has given his or her authority for any purpose provided
for in section 153, 25
is evidence of the facts stated in the certificate, unless the contrary

is shown.
Double jeopardy. 152.—A person who has been acquitted or convicted of an offence
in a place outside the State shall not be proceeded against for an
offence under this Part consisting of the act or acts, or omission or 30
omissions, that constituted the offence of which the person was so
acquitted or convicted.
Exercise of 153.—(1) An enforcement officer may, for the purpose of the

enforcement powers detection of an offence under section 149 or the taking of appropriate
in respect of ships.
action in respect of any such offence, and subject to this section, 35
exercise the powers conferred on him or her by section 154 in
relation to—
(a) an Irish ship,
(b) a ship registered in a Convention State, and
(c) a ship not registered in any country or territory. 40
(2) (a) An enforcement officer shall not exercise the powers

referred to in subsection (1) outside the outer limit of the
territorial seas of the State in relation to a ship registered
in a Convention State without the authority of the Mini-
ster for Foreign Affairs. 45
182
(b) The Minister for Foreign Affairs shall not give his or her
authority to the exercise of powers to which paragraph
(a) applies unless the Convention State concerned has in
relation to that ship—
5 (i) requested the assistance of the State for the purpose

mentioned in subsection (1), or
(ii) authorised the State to act for that purpose.
(c) In giving his or her authority under paragraph (b), the

Minister for Foreign Affairs shall impose such conditions
10 or limitations on the exercise of the powers as may be
necessary to give effect to any conditions or limitations
imposed by the Convention State.
(3) (a) An enforcement officer shall not exercise the powers

referred to in subsection (1) in the territorial seas of any
15 state other than the State without the authority of the
Minister for Foreign Affairs.
(b) The Minister for Foreign Affairs shall not give his or her
authority to the exercise of powers to which paragraph
(a) applies unless the state concerned has consented to
20 the exercise of those powers.
(c) In giving his or her authority under paragraph (b), the

Minister for Foreign Affairs shall impose such conditions
or limitations on the exercise of the powers as may be
necessary to give effect to any conditions or limitations
25 imposed by the state concerned.
(4) The Minister for Foreign Affairs may, either of his or her own
motion or in response to a request from a Convention State, author-
ise a Convention State to exercise, in relation to an Irish ship, powers
corresponding to those conferred on enforcement officers by section
30 154 but subject to such conditions or limitations, if any, as he or she
may impose.
154.—(1) Where an enforcement officer has reasonable grounds Enforcement

to suspect that an offence under section 148 has been committed on officers and
enforcement powers
a ship to which that section applies, he or she may stop the ship, in respect of ships.
35 board it and, if he or she considers it necessary for the performance
of his or her functions under this Part, require the ship to be taken
to a port in the State and detain it there.
(2) An enforcement officer may, for the purposes of investigating

the suspected offence—
40 (a) search without a warrant the ship and anything on it,

including its cargo,
(b) require any person on the ship to give information con-

cerning himself or herself, any other person on the ship
or anything on the ship,
45 (c) without prejudice to the generality of paragraphs (a) and

(b)—
(i) open any container,
183
(ii) carry out tests and take samples of anything on the
ship,
(iii) require the production of any document relating to

the ship or anything or any person on it, and
(iv) take photographs or make copies of anything the pro- 5

duction of which he or she has power to require to
be produced, and
(d) search without a warrant any person who the enforcement

officer has reasonable grounds to suspect has committed
an offence under section 149. 10
(3) (a) If an enforcement officer has reasonable grounds to sus-

pect that an offence under section 149 has been commit-
ted on the ship concerned, he or she may—
(i) arrest without warrant any person whom he or she

has reasonable grounds for suspecting to be guilty of 15
the offence, and
(ii) seize and detain anything found on the ship which

appears to him or her to be evidence of the offence.
(b) For the purposes of subparagraph (ii) of paragraph (a),

the enforcement officer shall have the powers of seizure 20
and retention under section 9(1) of the Criminal Law Act
1976 as though he or she were a member of the Garda
Síochána, and that section shall apply in relation to any-
thing seized and retained under that subparagraph.
(4) An enforcement officer shall, if required, produce evidence of 25

his or her authority.
(5) (a) For the performance of functions under this Part, an

enforcement officer may—
(i) use reasonable force, if necessary,
(ii) require any member of the crew of the ship concerned 30

to take such action as may be necessary to assist the
enforcement officer,
(iii) take with him or her, and use, any equipment or

materials that he or she considers necessary, and
(iv) be accompanied by any other person with a special- 35

ised or technical knowledge or skill who the enforce-
ment officer considers may be of assistance to him
or her in the performance of those functions.
(b) Any person referred to in subparagraph (iv) of paragraph

(a) shall have and be conferred with, for the purposes 40
referred to in that subparagraph, the powers and duties
of the enforcement officer concerned, other than the
power of arrest under subsection (3)(a)(i).
(6) Where an enforcement officer detains a ship under subsection

(1), he or she shall serve on the master of the ship a notice in writing 45
that the ship is to be detained until the notice is withdrawn by the
service on the master of a notice in writing to that effect signed by
the enforcement officer or another enforcement officer.
184
(7) Where a ship has been taken to a port in the State under
subsection (1) and a person on board that ship has been arrested
under subsection (3)(a)(i), the enforcement officer (where that
officer is not a member of the Garda Síochána) shall, as soon as
5 practicable, deliver that person into the custody of a member of the
Garda Síochána to be dealt with according to law, and the lawful
custody of that person shall continue after such delivery.
(8) A person who—
(a) intentionally obstructs an enforcement officer, or a person

10 referred to in subsection (5)(a)(iv), in the performance of
any of his or her functions under this Part,
(b) fails without reasonable excuse to comply with a require-

ment made by an enforcement officer, or a person
referred to in subsection (5)(a)(iv), in the performance of
15 those functions, or
(c) in purporting to give information required by an enforce-

ment officer, or a person referred to in subsection
(5)(a)(iv), for the performance of those functions—
(i) makes a statement which he or she knows to be false

20 in a material particular or recklessly makes a state-
ment which is false in a material particular, or
(ii) intentionally fails to disclose any material particular,
is guilty of an offence.
(9) Where an enforcement officer is exercising powers referred

25 to in subsection (2)(a) or (3)(a) of section 153, in accordance with
that section—
(a) the officer may require the ship to be taken to a port in

the Convention State concerned or, if that state has so
requested, in any other state or territory willing to
30 receive it,
(b) the enforcement officer may, having regard to the law

applicable at the place to which the ship is brought, make
arrangements in accordance with that law for, as the case
may be, the arrest or detention of a person, or the
35 transfer to the custody of a police officer or such other
authority as may be specified in that law or to a judicial
authority of the person arrested, and
(c) any person who, in relation to the enforcement officer,

does any of the things referred to in paragraph (a), (b)
40 or (c) of subsection (8), is guilty of an offence.
(10) Where the Minister for Foreign Affairs, in accordance with

section 153(4), authorises a Convention State to exercise the powers
referred to in that subsection in relation to an Irish ship—
(a) a person acting on behalf of that Convention State shall

45 not be liable in any criminal proceedings in the State for
anything done in the exercise of those powers, and
(b) any person who, in relation to a person referred to in para-

graph (a), does any of the things referred to in paragraph
(a), (b) or (c) of subsection (8), is guilty of an offence.
185
(11) A person who does any thing, or makes any omission, in
relation to—
(a) an enforcement officer,
(b) a person referred to in subsection (5)(a)(iv), or
(c) a person referred to in subsection (10)(a), 5
that, if done or made in the State, would consist of an offence, is

guilty of the offence notwithstanding that the doing of the thing or
the making of the omission occurred outside the State.
(12) An enforcement officer, and a person referred to in subsec-

tion (5)(a)(iv), shall not be liable in any civil or criminal proceedings 10
for anything done in the purported performance of his or her func-
tions under this Part if the court before which the proceedings are
being heard is satisfied that the act was done in good faith and that
there were reasonable grounds for doing it.
Jurisdiction and 155.—Proceedings for an offence under section 149 alleged to have 15
prosecutions in been committed outside the outer limit of the territorial seas on a
relation to offences ship registered in a Convention State shall only be instituted after
on ships.
the powers referred to in section 154(1) have been exercised, in
accordance with subsection (2) of that section, in respect of that
offence. 20
Power to detain 156.—(1) Where a member of the Garda Síochána arrests a per-
certain vehicles. son for an offence under section 149 and a vehicle is suspected of
having been used by the person for the purpose of committing or
facilitating the commission of the offence, the member may detain
the vehicle with its equipment, fittings and furnishings for a period 25
not exceeding 48 hours.
(2) At any time before the expiration of the period referred to in

subsection (1), on application to it in that behalf by a member of the
Garda Síochána, the court, if it is satisfied that—
(a) the person referred to in subsection (1) has been or is 30

about to be charged with an offence under section 149,
(b) there are reasonable grounds for believing that the vehicle
is one which could on conviction on indictment of the
person for that offence, and having regard to section
157(6), be the subject of a forfeiture order under that 35
section, and
(c) there are reasonable grounds for believing that the vehicle
would be removed from the State or sold or otherwise
disposed of before the determination of the proceedings
for that offence, 40
may make an order authorising the further detention of the vehicle

by the Garda Síochána for such period, not exceeding 3 months, as
may be specified in the order.
(3) The court may from time to time, if it is satisfied in relation

to the matters referred to in paragraphs (2)(a), (b) and (c) of subsec- 45
tion (2) on application to it in that behalf by a member of the Garda
Síochána before the expiration of the period specified in an order
under that subsection, make an order authorising the detention of
186
the vehicle by the Garda Síochána for such further period not
exceeding 3 months as may be specified in the order.
(4) (a) A vehicle shall not be detained under this section for
periods exceeding in total 2 years.
5 (b) The detention of a vehicle under this section shall cease if

the proceedings concerned are summary or are discon-
tinued or if the person concerned is acquitted of the
charge concerned and the time for taking an appeal has
passed.
10 (5) At any time while a vehicle is being detained under this

section, a person specified in paragraph (a), (b) or (c) of section
157(2) may apply to the court for its release and the court may—
(a) order the release of the vehicle unconditionally if it is satis-

fied that the circumstances referred to in subsection
15 (2)(a), (b) and (c) no longer exist,
(b) on such security being given as it considers satisfactory,

release the vehicle subject to the condition that it will be
delivered up to the Garda Síochána if—
(i) the person concerned is convicted of the offence

20 charged, and
(ii) an order for its forfeiture is made under section 157,
or
(c) order the release of the vehicle subject to such other con-
ditions as it considers appropriate, including a condition
25 that the vehicle is not, pending the determination of the
proceedings for the offence, removed from the State,
sold, destroyed or otherwise disposed of, pending the
determination of the proceedings for the offence.
(6) If a vehicle released on the giving of security referred to in

30 subsection (5)(b) is removed from the State, sold, destroyed or other-
wise disposed of without the leave of the court, the court may order
the forfeiture of the security.
157.—(1) Where a person is convicted on indictment of an offence Forfeiture of ship,

under section 149 and a vehicle was used by the person for the pur- aircraft or other
vehicle.
35 pose of committing or facilitating the commission of the offence, the
court concerned may, in addition to or instead of any penalty that it
may impose under section 149, order the vehicle with its equipment,
fittings and furnishings, or the appropriate share thereof, to be for-
feited to the State and may make such other orders as it considers
40 necessary or expedient for the purpose of giving effect to the
forfeiture.
(2) Subsection (1) shall not apply to a person unless the person
convicted is—
(a) the owner of, or of a share in, the vehicle concerned, or
45 (b) a director or manager of a company which is the owner of,

or of a share in, the vehicle concerned, or
187
(c) subject to subsection (3), the person in charge of the
vehicle concerned.
(3) In a case where the person convicted is the person in charge

of the vehicle concerned, subsection (1) shall not apply unless the
persons referred to in paragraph (a) or (b) knew or could with 5
reasonable diligence have discovered that the vehicle was being used
for the purpose of the commission of an offence under section 149.
(4) Whenever an order is made under this section, a member of

the Garda Síochána may, for the purpose of giving effect thereto—
(a) seize and detain the vehicle concerned, and 10
(b) do such other things as are authorised by the order or are

necessary for the purpose aforesaid.
(5) A court shall not order a vehicle to be forfeited under this

section in a case where a person claiming to be the owner of it or
otherwise interested in it applies to be heard by the court, unless an 15
opportunity has been given to the person to show cause why the
order should not be made.
(6) In considering whether to make an order under this section,

the court shall have regard—
(a) to the value of the property, and 20
(b) to the likely financial and other effects, on the person

whose property it is proposed to forfeit, of the making of
the order (taken together with any other order that the
court contemplates making).
(7) A court may, in making an order under this section, include 25

such provisions in that order, or, as the case may require, may make
an order supplemental to that order that contains such provisions, as
appear to it to be necessary to protect any interest in the property
the subject of the order, of a person other than the person in respect
of whom subsection (1) applies. 30
(8) An order under this section shall not take effect until the ordi-
nary time for instituting an appeal against the order or the conviction
concerned has expired or, where such an appeal is instituted, until it
or any further appeal is finally decided or abandoned or the ordinary
time for instituting any further appeal has expired. 35
(9) In this section, “owner”, in relation to a vehicle which is the

subject of a hire-purchase agreement (within the meaning of the
Consumer Credit Act 1995), includes the person in possession of it
under that agreement.
PART 10 40
Transitional, etc., provisions
Interpretation (Part 158.—In this Part—

10).
“Act of 1935” means the Aliens Act 1935;
“Act of 1996”means the Refugee Act 1996;
188
“Act of 1999” means the Immigration Act 1999;
“Act of 2000” means the Illegal Immigrants (Trafficking) Act 2000;
5 “Order of 1946” means the Aliens Order 1946 (S.I. 395 of 1946);
“Regulations of 2006” means the European Communities (Eligibility

for Protection) Regulations 2006 (S.I. No. 518 of 2006).
159.—(1) A visa or transit visa issued by or on behalf of the Mini- Immigration

ster before the coming into operation of this subsection shall, until matters.
10 the date on which it expires or is revoked, be deemed to be a visa
or a transit visa granted under Part 3; and the provisions of this Act
shall apply to that visa or transit visa.
(2) (a) Subject to subsection (12), a person, other than a person

to whom section 163(1) applies, who, before the date on
15 which this subsection comes into operation, has been
granted—
(i) a permission within the meaning of the Act of 2004, or
(ii) a permission to enter, be present in or to reside in the

State granted under any other enactment or power
20 relating to entry into, or presence or residence in
the State,
and the presence of whom in the State, on that date, is

lawful pursuant to that permission, shall be deemed, for
the purposes of this Act, to be lawfully present in the
25 State until the date on which that permission expires or
is revoked.
(b) A permission to which paragraph (a) applies shall be

deemed to be a permission, granted subject to the con-
ditions to which that permission was subject, to enter, be
30 present or to reside in the State under Part 4 or, as the
case may be, Part 5, and the provisions of this Act shall
apply to that permission.
(c) Where the procedure specified in section 3 of the Act of

1999 is followed in respect of a person to whom section
35 163(1) applies and, after the date on which this subsection
comes into operation, that person is granted a permission
to remain in the State, the permission so granted shall be
deemed to be a permission to reside in the State granted
under Part 5, and the provisions of this Act shall apply
40 accordingly.
(3) (a) Where, before the date on which this subsection comes
into operation, a stamp, inscription or similar indicator
has been placed on, or otherwise attached to, the travel
document of a foreign national as evidence of his or her
45 permission to enter the State, that stamp, inscription or
indicator shall, on and after that date and until the date
on which that permission expires or is revoked be
deemed to be an entry permit issued under section 29,
and the provisions of this Act shall apply accordingly.
189
(b) Where, before the date on which this subsection comes
into operation, a foreign national was the holder of a
registration certificate obtained, or deemed to have been
obtained, under section 9 of the Act of 2004, that certifi-
cate shall, on and after that date and until the date on 5
which it is expressed to expire or is revoked, be deemed
to be a residence permit issued under section 44, and the
provisions of this Act shall apply accordingly.
(4) Any information provided by a person for the purposes of

the register— 10
(a) kept under Article 11 of the Order of 1946, or
(b) established under section 9 of the Act of 2004,
shall, upon the coming into operation of this subsection, be deemed

to be information provided for the purposes of the Register of
Foreign Nationals, and the provisions of this Act, insofar as they 15
apply to the Register of Foreign Nationals, shall apply accordingly.
(5) Where, before the date on which this subsection comes into
operation, a foreign national has made an application for the renewal
of a permission referred to in subsection (2)(a), and a decision in
respect of that application has not been made by that date, the appli- 20
cation shall be deemed to be an application made under section 39,
operation, a foreign national has made an application for the modifi-
cation of conditions of a permission referred in subsection (2)(a), and 25
a decision in respect of that application has not been made by that
date, the application shall be deemed to be an application made
under section 42, and the provisions of this Act shall apply
accordingly.
(7) Where, before the date on which this subsection comes into 30
operation, the Minister has notified a foreign national that he or
she proposes to modify the conditions of a permission referred to in
subsection (2)(a), and a decision in respect of that proposal has not
been made by that date, the proposal shall be deemed to be a pro-
posal made under section 43, and the provisions of this Act shall 35
apply accordingly.
operation, the Minister has notified a foreign national that he or she
proposes to revoke a permission referred to in subsection (2)(a), and
a decision in respect of that proposal has not been made by that 40
date, section 50 or, as the case may be, section 51 shall apply as if the
proposal were a decision under section 48 or, as the case may be, a
proposal under section 51, and the provisions of this Act shall apply
accordingly.
(9) (a) The Minister shall make arrangements for the issue of a 45
residence permit to each foreign national who, although
lawfully present in the State on the coming into operation
of this subsection, was not required to comply with the
requirements as to registration provided in—
(i) Article 11 of the Order of 1946, by virtue of subpara- 50

graph (a) or (b) of Article 11(6) of that Order, or
190
(ii) section 9 of the Act of 2004, by virtue of paragraph
(a) or (b) of section 9(6) of that Act.
(b) The arrangements referred to in paragraph (a) shall,

where necessary and appropriate, include arrangements
5 for the grant of a residence permission to the foreign
national concerned.
(c) The Minister shall publish details of the arrangements

referred to in paragraph (a).
(10) Subject to this Act and to sections 160(2) and 163(1), a

10 foreign national who immediately before the coming into operation
of this subsection was unlawfully present in the State shall, for the
purposes of this Act, continue to be unlawfully present in the State.
operation, an application has been made under section 4 of the Act
15 of 2004 (other than an application by a person to whom section
160(1) or 163(1) applies), and a final decision in respect of that appli-
cation has not been made by that date, that application shall be
deemed—
(a) in the case of an application for permission to land in or

20 otherwise enter the State, to be an application for an
entry permission, and
(b) in any other case, to be an application for a residence

permission,
25 (12) (a) A person who, before the date on which this subsection
comes into operation, has been granted—
(i) a long-term residence permission, or
(ii) a permission to remain in the State without condition

as to time,
30 the presence of whom in the State, on that date, is lawful

pursuant to that permission, shall be deemed to be a per-
son to whom a long-term residence permission has been
granted under section 46, and, subject to paragraph (b),
the provisions of this Act shall apply as if that permission
35 was granted on that date.
(b) A long-term residence permission referred to in paragraph

(a)(i) shall be valid for the unexpired period of that
permission.
40 operation, a foreign national has applied to the Minister for a long-
term residence permission (within the meaning of subsection (12)),
and a final decision has not been made in respect of the application
by that date, the application shall be deemed to be an application
for a long-term residence permission under section 46, and the pro-
45 visions of this Act shall apply accordingly.
operation, a foreign national has made an application for the renewal
of a permission referred to in subsection (12)(a), and a decision in
191
respect of that application has not been made by that date, the appli-
cation shall be deemed to be an application made under section 47,
operation, the Minister has notified a foreign national that he or she 5
proposes to revoke a permission referred to in subsection (12)(a),
and a decision in respect of that proposal has not been made by that
date, section 52 shall apply as if the proposal were a proposal under
section 51 to revoke a long-term residence permission and the pro-
visions of this Act shall apply accordingly. 10
(16) Any fingerprints taken under the Second Schedule to the Act
of 2004 shall, upon the coming into operation of this subsection, be
deemed to be biometric information provided (on the date on which
the fingerprints were taken) under section 124; and the provisions of
section 124 shall apply to those fingerprints. 15
(17) In subsection (12)—
(a) a “long-term residence permission” referred to in para-

graph (a)(i) of that section means a permission to remain
in the State granted under any arrangements relating to
long-term residence in force prior to the date on which 20
that subsection comes into operation;
(b) a “permission to remain in the State without condition as

to time” means a permission granted, under any arrange-
ments in force prior to the date on which that subsection
comes into operation, to a person who has been lawfully 25
resident in the State for a period of 8 years and in respect
of whom an endorsement has been placed on his or her
travel document to the effect that he or she is permitted
to remain in the State without condition as to time.
Deportation, 160.—(1) (a) Where— 30

removal and
exclusion.
(i) before the date on which this subsection comes into
operation, a notification was issued to a foreign
national under subsection (3)(a) of section 3 of the
Act of 1999, and
(ii) a final decision in respect of the proposal to which 35

notification relates has not been made by that date,
the provisions of that section shall, notwithstanding

section 5, continue to apply in respect of that foreign
national.
(b) Subject to paragraph (c), the presence in the State of a 40

foreign national to whom paragraph (a) applies shall be
lawful only in so far as is necessary to allow the pro-
cedures specified in the provision referred to in that para-
graph to be completed.
(c) Paragraph (b) is without prejudice to— 45
(i) any exclusion order made under section 4 of the Act

of 1999, and
(ii) any order or determination made by the Minister

under any enactment, or under any other power of
192
the Minister, relating to the entry into, or presence
or residence in, the State, which requires the foreign
national to leave the State or which prohibits the
foreign national’s entry into or presence in the State.
5 (2) Where—
(a) after the date on which this subsection comes into oper-
ation, the enactments referred to in section 163(1) con-
tinue, in accordance with that provision, to apply in
relation to a foreign national to whom that subsection
10 applies, and
(b) a notification is issued to that foreign national under sub-

section (3)(a) of section 3 of the Act of 1999,
the presence in the State of that foreign national shall be lawful only
in so far as is necessary to allow the procedures specified in the pro-
15 vision referred to in paragraph (b) to be completed.
(3) Where immediately before the coming into operation of this

subsection, a foreign national was a foreign national to whom section
5 of the Act of 2003 applied, that enactment shall continue to have
effect for the purposes of that section.
20 (4) A deportation order made under section 3 of the Act of 1999

shall, notwithstanding the repeal of that section by section 5, continue
to apply, and that enactment shall continue to have effect for all the
purposes of that order.
(5) A determination by the Minister, made before the coming into

25 operation of this subsection, that it is conducive to the public good
that a foreign national remain outside the State, shall continue to
apply after the coming into operation of this subsection.
(6) Where—
(a) an exclusion order is made under section 4 of the Act of

30 1999, or
(b) an order or determination is made by the Minister under

any enactment or under any other power of the Minister
relating to the entry into, or presence or residence in, the
State, which requires a foreign national to leave the State
35 or which prohibits that foreign national’s entry into or
presence in the State,
that order or determination shall continue to apply after the coming

into operation of this subsection, and any enactment concerned shall
continue to have effect for the purposes of that order or deter-
40 mination.
161.—(1) A person who, before the date on which this subsection Immigration
comes into operation, was appointed by the Minister to be an immi- officers.
gration officer, and held such office immediately before that date
shall, on and after that date, be deemed to be an immigration officer
45 for the purpose of the performance of his or her functions under
this Act.
(2) Any reference in any enactment in force immediately before

the date on which this subsection comes into operation (including
any enactment which continues to apply in accordance with section
193
163(1)) to an immigration officer shall, on and after that date, be
construed as a reference to an immigration officer appointed under
this Act or to a person deemed under subsection (1) to be an immi-
gration officer.
(3) An immigration officer appointed under this Act, or a person 5

deemed under subsection (1) to be an immigration officer, shall have
authority to perform the functions of an immigration officer
appointed before the coming into operation of this subsection for the
purposes of any enactment referred to in subsection (2) but subject
to any provision of this Act. 10
Detention. 162.—(1) Where, immediately before the coming into operation

of this subsection, a person was detained in a place of detention
pursuant to any enactment relating to the entry into, or presence or
residence in, the State of persons, then his or her continued detention
in that place is authorised by virtue of this section, this Act shall 15
apply accordingly, and any period of detention under that enactment
shall be included in reckoning a period for the purpose of section
60(5).
(2) Pending the making of regulations under section 140(1), rules

or regulations made under section 9 of the Act of 1996 or section 35 20
of the Prisons Act 2007 relating to the treatment of persons
detained under—
(a) the Act of 1996,
(b) the Act of 1999, or
(c) the Act of 2003, 25
shall, except where they may be inconsistent with this Act, continue
in force and shall apply and have effect, with any necessary modifi-
cations, in relation to a foreign national detained under this Act.
Protection matters. 163.—(1) Where, before the date on which this subsection comes
into operation, a person has made an application for a declaration 30
under section 8 of the Act of 1996 in respect of which a report under
section 13 of that Act has been prepared, and, by that date—
(a) the Minister has not yet decided, pursuant to that appli-
cation, whether to give, or refuse to give, that person a
declaration under section 17 of the Act of 1996, 35
(b) the Minister has decided, pursuant to that application, to

refuse to give that person a declaration and a notification
under subsection (3)(a) of section 3 of the Act of 1999
has not yet been issued to that person,
(c) the person has made an application for subsidiary protec- 40

tion under Regulation 4 of the Regulations of 2006, in
respect of which a final determination has not yet been
made, or
(d) a notification has been issued to the person under subsec-

tion (3)(a) of section 3 of the Act of 1999, and a final 45
decision in respect of the proposal to which the notifi-
cation relates has not yet been made,
194
then, notwithstanding section 5, the enactments referred to in that
section shall, subject to this section, continue to apply in respect of
all matters relating to any application or procedure referred to in
paragraphs (a) to (d) that relates to that person, until those matters
5 are concluded.
(2) Subsection (1) shall not apply to section 5 of the Act of 2000.
(3) (a) Where—
(i) a person has, before the date on which this subsection

comes into operation, applied for a declaration
10 under section 8 of the Act of 1996, and
(ii) immediately before that date, a report under section

13 of that Act in respect of that application has not
yet been prepared,
the application concerned shall be deemed to be a protec-

15 tion application and the provisions of this Act shall, sub-
ject to paragraph (b) and subsection (4), apply
accordingly.
(b) (i) Before investigating under this Act an application to

which paragraph (a) applies, the Minister shall afford
20 the applicant an opportunity to submit, within a
specified period, a protection application that is in
accordance with section 81(13).
(ii) Where the applicant referred to in subparagraph (i)

fails to submit the protection application referred to
25 in that subparagraph within the period specified, the
application made by him or her under section 8 of
the Act of 1996 shall be deemed to be a protection
application and the provisions of this Act shall
apply accordingly.
30 (4) The Minister shall, as soon as practicable after this subsection

comes into operation, give each person to whom subsection (3)
applies a statement in writing explaining the effect of this section
and of Part 7, and the procedures under which his or her application
for protection will be dealt with.
35 (5) (a) Where, before the date on which this subsection comes
into operation—
(i) a person has, under section 17(7) of the Act of 1996,

requested the consent of the Minister to make a
further application for a declaration under that Act,
40 and
(ii) the Minister has not made a final decision in relation

to that request by that date,
the request shall be deemed to be an application to which

section 98 applies, and this Act shall apply accordingly.
45 (b) A person, including a person to whom subsection (1)

applies, to whom the Minister has refused to give a dec-
laration under the Act of 1996 may not, following the
coming into operation of this subsection, make a protec-
tion application without the consent of the Minister
50 under section 97.
195
operation—
(a) a refugee to whom section 18(1) of the Act of 1996

applied, or
(b) a person to whom Regulation 16(1) of the Regulations of 5

2006 applied,
has made an application to the Minister under that Act or those

Regulations, as the case may be, for permission to be granted to a
member of his or her family to enter and reside in the State, and the
Minister has not made a final decision in respect of that application 10
by that date, then, notwithstanding section 5, that Act or those Regu-
lations, as the case may be, shall continue to apply in respect of all
matters relating to that application, until those matters are
concluded.
(7) Where, following the coming into operation of this subsection, 15

a person purports to make an application to the Minister under
section 18(1) of the Act of 1996 or Regulation 16(1) of the Regu-
lations of 2006, that application shall be deemed to be an application
under section 116 and the provisions of this Act shall apply
accordingly. 20
(8) (a) A person who, before the date on which this subsection
comes into operation—
(i) was given a declaration by the Minister under the Act

of 1996 that he or she was a refugee, or
(ii) was otherwise recognised by the Minister as a refugee, 25
shall, subject to paragraph (c), be deemed for the pur-

poses of this Act to be a person to whom a protection
declaration has been granted under this Act and the pro-
visions of this Act shall apply accordingly.
(b) A person who, before the date on which this subsection 30

comes into operation—
(i) was determined under the Regulations of 2006 to be

a person eligible for subsidiary protection in the
State, or
(ii) was otherwise recognised by the Minister as a person 35

so eligible,
shall, subject to paragraph (c), be deemed for the pur-

poses of this Act to be a person to whom a protection
declaration has been granted under this Act and the pro-
visions of this Act shall apply accordingly. 40
(c) Paragraphs (a) and (b) shall not apply—
(i) where a declaration, determination or recognition

referred to in either paragraph has, before the date
on which this subsection comes into operation, been
revoked, or 45
(ii) to a person referred to in either paragraph who has,

before the date on which this subsection comes into
196
operation, been granted a certificate of naturalis-
ation under the Irish Nationality and Citizenship
Acts 1956 to 2004.
(d) A person to whom paragraph (a) or (b) of subsection (1)

5 applies who—
(i) is given a declaration by the Minister that he or she

is a refugee, or
(ii) is determined to be a person eligible for subsidiary

protection in the State,
10 shall be deemed for the purposes of this Act to be a per-

son to whom a protection declaration has been granted
under this Act and the provisions of this Act shall apply
accordingly.
15 operation, a person has been the subject of a requirement under
section 9(5)(a) of the Act of 1996 which, immediately before that
date, still has effect, that requirement shall be deemed to be a
requirement imposed on that person under section 75(5)(d).
(10) Any fingerprints taken under section 9A (as substituted by

20 section 7(d) of the Act of 2003) of the Act of 1996 shall, upon the
coming into operation of this subsection, be deemed to be biometric
information provided (on the date on which the fingerprints were
taken) under section 124, and the provisions of section 124 shall apply
to those fingerprints.
25 (11) Any information provided to the Refugee Applications Com-

missioner under the Act of 1996 shall, on and after the date on which
this subsection comes into operation, be deemed to be information
provided to the Minister under this Act.
(12) (a) Each record held by the Refugee Applications Com-

30 missioner immediately before the date on which this sub-
section comes into operation is on that date transferred
to the Minister and shall, on and after that date, be
deemed to be a record held by the Minister.
(b) In paragraph (a), “record” includes any book, index or

35 document and any information in electronic or other non-
legible form which is capable of being converted into a
permanent legible form.
(13) Where, on the date on which this subsection comes into oper-
ation, any legal proceedings are pending in which the Refugee Appli-
40 cations Commissioner is the plaintiff or the prosecutor and the pro-
ceedings relate to functions which, on and after that date, are
functions of the Minister, the proceedings shall be deemed to be
proceedings in which the Minister is the plaintiff or, as the case may
be, the prosecutor and, accordingly, the Minister shall, in so far as
45 the proceedings relate to those functions, be substituted in those pro-
ceedings for the Refugee Applications Commissioner, or added in
those proceedings to it as may be appropriate, and those proceedings
shall not abate by reason of such substitution or addition.
(14) Where, on the date on which this subsection comes into oper-
50 ation, any legal proceedings are pending to which the Refugee Appli-
cations Commissioner is a defendant and the proceedings relate to
197
any functions which on and after that date are functions of the Mini-
ster, the Minister shall be substituted for the Refugee Applications
Commissioner in those proceedings.
(15) (a) Where, before the date on which this subsection comes
into operation, the Minister has sent a notice under 5
section 21(3)(a) of the Act of 1996 to a person, and a
final decision on the matter has not been made by that
date, the provisions of that section shall, notwithstanding
the repeal of that section by section 5 of this Act, con-
tinue to apply. 10
(b) Where, before the date on which this subsection comes

into operation, the Minister has informed a person of his
or her proposal to revoke or refuse to renew, under
Regulation 14 of the Regulations of 2006, a permission
granted under Regulation 4 of those Regulations, and a 15
final determination in respect of that matter has not been
made by that date, the provisions of Regulation 14 of
the Regulations of 2006 shall, notwithstanding section 5,
continue to apply.
(16) The functions conferred on the Refugee Applications Com- 20

missioner by the enactments that continue to apply under subsection
(1), are, on and after the date on which this subsection comes into
operation, and for the purposes referred to in that subsection, trans-
ferred to the Minister.
(17) A temporary residence certificate issued under section 9(3) 25

of the Act of 1996 before the coming into operation of this subsec-
tion to a person to whom subsection (3)(a) applies shall, on the com-
ing into operation of this subsection, be deemed to be a protection
application entry permit issued under this Act, and the provisions of
this Act shall apply accordingly to such a permit. 30
(18) A permission to enter and to reside in the State granted

under section 18 of the Act of 1996 or Regulation 16(4) of the Regu-
lations of 2006 to a person before the date on which this subsection
comes into operation shall, on and after that date, be deemed to be
a permission, subject to the same conditions, granted to that person 35
under section 116.
(19) A person to whom, before the date on which this subsection

comes into operation, leave to enter and remain in the State has
been given under section 24 of the Act of 1996 shall be, on and after
that date, deemed to be a person to whom permission to enter and 40
remain in the State has been given, subject to the same conditions,
under section 113 or, as the case may be, section 114.
(20) Any information entered in the register referred to in section

24(1) of the Act of 1996 shall, upon the coming into operation of
this subsection, be deemed to be information entered in the register 45
referred to in section 113(1).
(21) In this section, “Refugee Applications Commissioner” has

the same meaning as it has in the Act of 1996.
Protection Review 164.—(1) The administration and business in connection with the
Tribunal. performance of any of the functions of the former Tribunal under 50
the Act of 1996 are hereby transferred, with effect from the establish-
ment day, to the Tribunal.
198
(2) For the purposes of subsection (1), and subject to subsection
(4), the chairperson of the Tribunal shall perform the functions of
the chairperson of the former Tribunal under the Refugee Act 1996.
(3) A member of the Tribunal who—
5 (a) immediately before the establishment day, was a member

of the former Tribunal to whom an appeal under section
16 of the Act of 1996 had been assigned under paragraph
13 of the Second Schedule to that Act, and
(b) by the establishment day, had not yet decided the appeal,
10 shall decide the appeal in accordance with the Act of 1996 and, for
that purpose, perform the functions of a member of the former Tri-
bunal under that Act.
(4) The Registrar of the Tribunal may assign to members of the

Tribunal appeals which—
15 (a) were brought under section 16 of the Act of 1996, but not
assigned, before the establishment day,
(b) were assigned before the establishment day to a member

of the former Tribunal who is not a member of the Tri-
bunal, and which were not decided by the establishment
20 day, or
(c) are brought by a person to whom section 163(1) applies,

following a recommendation under section 13(1) of the
Act of 1996 (as applied by section 163(1)) that that person
should not be declared to be a refugee.
25 (5) A member of the Tribunal to whom an appeal is assigned

under subsection (4) shall decide that appeal in accordance with the
Act of 1996 and, for that purpose, perform the functions of a member
of the former Tribunal under that Act.
(6) The person who, immediately before the date on which this
30 subsection comes into operation, was the chairperson of the former
Tribunal shall, on and after that date, be deemed to have been
appointed chairperson of the Tribunal in accordance with section
101(4) and shall hold office as such for the unexpired period of his
or her office as chairperson of the former Tribunal.
35 (7) Where the former Tribunal is a party to legal proceedings

pending immediately before the establishment day which relate to
functions which, on and after that date, are functions of the Tribunal,
the Tribunal shall, insofar as the proceedings relate to those func-
tions, be substituted in the proceedings for the former Tribunal and
40 the proceedings shall not abate by reason of the substitution.
199
“establishment day” means the day appointed by the Minister under
section 100 on which the Protection Review Tribunal stands
established;
“former Tribunal” means the Refugee Appeals Tribunal established

under section 15 of the Act of 1996. 5
Continuity of 165.—Where a period of time specified in a provision of an enact-

statutory time ment repealed or instrument revoked by section 5 has not expired at
periods.
the commencement of any corresponding provision of this Act, this
Act shall have effect as if the corresponding provision had been in
force when the period began to run. 10
Continuity of 166.—A travel document issued before the date on which this
validity of travel section comes into operation under—
documents.
(a) section 4, 18(6) or 24(3) of the Refugee Act 1996, or
(b) Regulation 18 of the Regulations of 2006,

shall, on and after that date, be deemed to be a travel document 15
issued (on the date on which the original was issued) under section
115.
Judicial review. 167.—(1) (a) Notwithstanding the repeal by this Act of section 5 of
the Act of 2000, the validity of any matter referred to
in subsection (1) of that section shall not be questioned 20
otherwise than by way of an application for judicial
review under Order 84 of the Rules of the Superior
Courts (S.I. No. 15 of 1986) (“the Order”).
(b) An application, brought on or after the date on which this

subsection comes into operation, for leave to apply for 25
judicial review under the Order in respect of a matter
referred to in paragraph (a) shall be deemed to be an
application under section 133 and the provisions of that
section shall apply accordingly.
(2) (a) Where, on or after the date on which this subsection comes 30
into operation, the High Court, following a review of a
recommendation under section 13 of the Act of 1996,
orders that an application made under section 8 of that
Act be reconsidered, that application, for the purposes of
such re-consideration, shall be deemed to be a protection 35
application, and the provisions of this Act shall apply
accordingly.
(b) Where paragraph (a) applies, the Minister shall afford the
applicant concerned an opportunity to submit, within a
specified period, a protection application that is in 40
(c) Where the applicant referred to in paragraph (b) fails to

submit a protection application referred to in that para-
graph within the period specified, the application made
by him or her under section 8 of the Act of 1996 shall, 45
for the purposes of the re-consideration referred to in
paragraph (a), be deemed to be a protection application.
200
(3) Where, after the establishment day (within the meaning of
section 164), the High Court, following a review of a recommend-
ation of the Refugee Appeals Tribunal under section 16 of the Act
of 1996, orders that an appeal under section 16 of that Act be re-
5 considered, that appeal, for the purposes of such re-consideration,
shall be deemed to be an appeal to which section 163(4)(a) applies.
(4) (a) Where, on or after the date on which this subsection comes
into operation, the High Court, following a review of a
decision of the Minister under section 17 of the Act of
10 1996 to refuse to give an applicant a declaration, orders
that an application made under section 8 of that Act be
reconsidered, that application, for the purposes of such
re-consideration, shall be deemed to be a protection
application, and the provisions of this Act shall apply
15 accordingly.
(b) Where paragraph (a) applies, the Minister shall afford the
applicant concerned an opportunity to submit, within a
specified period, a protection application that is in
20 (c) Where the applicant referred to in paragraph (b) fails to

submit a protection application referred to in that para-
graph within the period specified, the application made
by him or her under section 8 of the Act of 1996 shall,
for the purposes of the re-consideration referred to in
25 paragraph (a), be deemed to be a protection application.
168.—(1) A vehicle detained under section 3 of the Act of 2000 Transitional

shall, upon the coming into operation of this subsection, be deemed arrangements
relating to repeal of
to be a vehicle detained under section 154, and the provisions of this Illegal Immigrants
Act shall apply to that vehicle. (Trafficking) Act
2000.
30 (2) A vehicle forfeited, or liable to an order of forfeiture, under
section 4 of the Act of 2000 shall, upon the coming into operation of
this subsection, be deemed to be a vehicle forfeited, or liable to an
order of forfeiture, under section 155, and the provisions of this Act
shall apply to that vehicle.
201
SCHEDULE 1
THE CONVENTION RELATING TO THE STATUS OF

REFUGEES DONE AT GENEVA ON 28 JULY 1951
PREAMBLE
THE HIGH CONTRACTING PARTIES 5
Considering that the Charter of the United Nations and the Uni-
versal Declaration of Human Rights approved on 10 December 1948
by the General Assembly have affirmed the principle that human
beings shall enjoy fundamental rights and freedoms without dis-
crimination, 10
Considering that the United Nations has, on various occasions,

manifested its profound concern for refugees and endeavoured to
assure refugees the widest possible exercise of these fundamental
rights and freedoms,
Considering that it is desirable to revise and consolidate previous 15

international agreements relating to the status of refugees and to
extend the scope of and the protection accorded by such instruments
by means of a new agreement,
Considering that the grant of asylum may place unduly heavy bur-
dens on certain countries, and that a satisfactory solution of a prob- 20
lem of which the United Nations has recognized the international
scope and nature cannot therefore be achieved without international
co-operation,
Expressing the wish that all States, recognizing the social and
humanitarian nature of the problem of refugees, will do everything 25
within their power to prevent this problem from becoming a cause
of tension between States,
Noting that the United Nations High Commissioner for Refugees

is charged with the task of supervising international conventions pro-
viding for the protection of Refugees, and recognizing that the effec- 30
tive co-ordination of measures taken to deal with this problem will
depend upon the co-operation of States with the High Com-
missioner,
Have agreed as follows.
CHAPTER I 35
GENERAL PROVISIONS
Definition of the term “Refugee”
A. For the purposes of the present Convention, the term “refugee”

shall apply to any person who:
(1) Has been considered a refugee under the Arrangements of 12 40

May 1926 and 30 June 1928 or under the Conventions of 28 October
1933 and 10 February 1938, the Protocol of 14 September 1939 or
the Constitution of the International Refugee Organization;
Decisions of non-eligibility taken by the International Refugee

Organization during the period of its activities shall not prevent the 45
status of refugee being accorded to persons who fulfil the conditions
of paragraph 2 of this section;
202
(2) As a result of events occurring before 1 January 1951 and
owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or pol-
itical opinion, is outside the country of his nationality and is unable
5 or, owing to such fear, is unwilling to avail himself of the protection
of that country; or who, not having a nationality and being outside
the country of his former habitual residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it.
In the case of a person who has more than one nationality, the
10 term “the country of his nationality” shall mean each of the countries
of which he is a national, and a person shall not be deemed to be
lacking the protection of the country of his nationality if, without
any valid reason based on well-founded fear, he has not availed him-
self of the protection of one of the countries of which he is a national.
15 B. (1) For the purposes of this Convention, the words “events occur-
ring before 1 January 1951” in Article 1, Section A, shall be under-
stood to mean either:
(a) “events occurring in Europe before 1 January 1951” or
(b) “events occurring in Europe or elsewhere before 1

20 January 1951”
and each Contracting State shall make a declaration at the time of

signature, ratification or accession, specifying which of these mean-
ings it applies for the purpose of its obligations under this
Convention.
25 (2) Any Contracting State which has adopted alternative (a) may
at any time extend its obligations by adopting alternative (b) by
means of a notification addressed to the Secretary-General of the
United Nations.
C. This Convention shall cease to apply to any person falling under

30 the terms of Section A if:
(1) He has voluntarily re-availed himself of the protection of the

country of his nationality; or
(2) Having lost his nationality, he has voluntarily re-acquired it; or
(3) He has acquired a new nationality, and enjoys the protection

35 of the country of his new nationality; or
(4) He has voluntarily re-established himself in the country which

he left or outside which he remained owing to fear of persecution; or
(5) He can no longer, because the circumstances in connexion with

which he has been recognized as a refugee have ceased to exist, con-
40 tinue to refuse to avail himself of the protection of the country of
his nationality;
Provided that this paragraph shall not apply to a refugee failing

under section A(1) of this Article who is able to invoke compelling
reasons arising out of previous persecution for refusing to avail him-
45 self of the protection of the country of nationality;
(6) Being a person who has no nationality he is, because the cir-
cumstances in connexion with which he has been recognized as a
refugee have ceased to exist, able to return to the country of his
former habitual residence;
203
Provided that this paragraph shall not apply to a refugee falling
under section A(1) of this Article who is able to invoke compelling
reasons arising out of previous persecution for refusing to return to
the country of his former habitual residence.
D. This Convention shall not apply to persons who are at present 5

receiving from organs or agencies of the United Nations other than
the United Nations High Commissioner for Refugees protection or
assistance.
When such protection or assistance has ceased for any reason,

without the position of such persons being definitively settled in 10
accordance with the relevant resolutions adopted by the General
Assembly of the United Nations, these persons shall ipso facto be
entitled to the benefits of this Convention.
E. This Convention shall not apply to a person who is recognized by

the competent authorities of the country in which he has taken resi- 15
dence as having the rights and obligations which are attached to the
possession of the nationality of that country.
F. The provisions of this Convention shall not apply to any person

with respect to whom there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or 20

a crime against humanity, as defined in the international
instruments drawn up to make provision in respect of
such crimes;
(b) he has committed a serious non-political crime outside the

country of refuge prior to his admission to that country 25
as a refugee;
(c) he has been guilty of acts contrary to the purposes and

principles of the United Nations.
General obligations
Every refugee has duties to the country in which he finds himself, 30

which require in particular that he conform to its laws and regu-
lations as well as to measures taken for the maintenance of public
order.
Non-discrimination
The Contracting States shall apply the provisions of this Conven- 35

tion to refugees without discrimination as to race, religion or country
of origin.
Article 4
Religion
The Contracting States shall accord to refugees within their terri- 40

tories treatment at least as favourable as that accorded to their
nationals with respect to freedom to practise their religion and free-
dom as regards the religious education of their children.
Article 5
Rights granted apart from this Convention 45
Nothing in this Convention shall be deemed to impair any rights

and benefits granted by a Contracting State to refugees apart from
this Convention.
204
Article 6
The term “in the same circumstances”
For the purpose of this Convention, the term “in the same circum-
stances” implies that any requirements (including requirements as to
5 length and conditions of sojourn or residence) which the particular
individual would have to fulfil for the enjoyment of the right in ques-
tion, if he were not a refugee, must be fulfilled by him, with the
exception of requirements which by their nature a refugee is
incapable of fulfilling.
10 Article 7
Exemption from reciprocity
1. Except where this Convention contains more favourable pro-

visions, a Contracting State shall accord to refugees the same treat-
ment as is accorded to aliens generally.
15 2. After a period of three years’ residence, all refugees shall enjoy

exemption from legislative reciprocity in the territory of the Con-
tracting States.
3. Each Contracting State shall continue to accord to refugees the

rights and benefits to which they were already entitled, in the
20 absence of reciprocity, at the date of entry into force of this Conven-
tion for that State.
4. The Contracting States shall consider favourably the possibility of

according to refugees, in the absence of reciprocity, rights and
benefits beyond those to which they are entitled according to para-
25 graphs 2 and 3, and to extending exemption from reciprocity to refu-
gees who do not fulfil the conditions provided for in paragraphs 2
and 3.
5. The provisions of paragraphs 2 and 3 apply both to the rights and

benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention
30 and to rights and benefits for which this Convention does not
provide.
Article 8
Exemption from exceptional measures
With regard to exceptional measures which may be taken against

35 the person, property or interests of nationals of a foreign State, the
Contracting States shall not apply such measures to a refugee who is
formally a national of the said State solely on account of such
nationality. Contracting States which, under their legislation, are
prevented from applying the general principle expressed in this
40 article, shall, in appropriate cases, grant exemptions in favour of
such refugees.
Article 9
Provisional measures
Nothing in this Convention shall prevent a Contracting State, in

45 time of war or other grave and exceptional circumstances, from tak-
ing provisionally measures which it considers to be essential to the
national security in the case of a particular person, pending a deter-
mination by the Contracting State that that person is in fact a refugee
and that the continuance of such measures is necessary in his case in
50 the interests of national security.
205
Article 10
Continuity of residence
1. Where a refugee has been forcibly displaced during the Second

World War and removed to the territory of a Contracting State, and
is resident there, the period of such enforced sojourn shall be con- 5
sidered to have been lawful residence within that territory.
2. Where a refugee has been forcibly displaced during the Second

World War from the territory of a Contracting State and has, prior
to the date of entry into force of this Convention, returned there for
the purpose of taking up residence, the period of residence before 10
and after such enforced displacement shall be regarded as one unin-
terrupted period for any purposes for which uninterrupted residence
is required.
Article 11
Refugee seamen 15
In the case of refugees regularly serving as crew members on board

a ship flying the flag of a Contracting State, that State shall give
sympathetic consideration to their establishment on its territory and
the issue of travel documents to them on their temporary admission
to its territory particularly with a view to facilitating their establish- 20
ment in another country.
CHAPTER II
JURIDICAL STATUS
Article 12
Personal status 25
1. The personal status of a refugee shall be governed by the law of

the country of his domicile or, if he has no domicile, by the law of
the country of his residence.
2. Rights previously acquired by a refugee and dependent on per-

sonal status, more particularly rights attaching to marriage, shall be 30
respected by a Contracting State, subject to compliance, if this be
necessary, with the formalities required by the law of that State, pro-
vided that the right in question is one which would have been recog-
nised by the law of that State had he not become a refugee.
Article 13 35
Movable and immovable property
The Contracting States shall accord to a refugee treatment as

favourable as possible and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances as regards
the acquisition of movable and immovable property and other rights 40
pertaining thereto, and to leases and other contracts relating to mov-
able and immovable property.
Article 14
Artistic rights and industrial property
In respect of the protection of industrial property, such as inven- 45

tions, designs or models, trade marks, trade names, and of rights in
literary, artistic and scientific works, a refugee shall be accorded in
the country in which he has his habitual residence the same protec-
tion as is accorded to nationals of that country. In the territory of any
206
other Contracting State, he shall be accorded the same protection as
is accorded in that territory to nationals of the country in which he
has habitual residence.
Article 15
5 Right of association
As regards non-political and non-profit-making associations and

trade unions the Contracting State shall accord to refugees lawfully
staying in their territory the most favourable treatment accorded to
nationals of a foreign country, in the same circumstances.
10 Article 16
Access to courts
1. A refugee shall have free access to the courts of law on the terri-
tory of all Contracting States.
2. A refugee shall enjoy in the Contracting State in which he has

15 his habitual residence the same treatment as a national in matters
pertaining to access to the Courts, including legal assistance and
exemption from cautio judicatum solvi.
3. A refugee shall be accorded in the matters referred to in paragraph

2 in countries other than that in which he has his habitual residence
20 the treatment granted to a national of the country of his habitual
residence.
CHAPTER III
GAINFUL EMPLOYMENT
Article 17
25 Wage-earning employment
1. The Contracting State shall accord to refugees lawfully staying in

their territory the most favourable treatment accorded to nationals
of a foreign country in the same circumstances, as regards the right
to engage in wage-earning employment.
30 2. In any case, restrictive measures imposed on aliens or the employ-

ment of aliens for the protection of the national labour market shall
not be applied to a refugee who was already exempt from them at
the date of entry into force of this Convention for the Contracting
States concerned, or who fulfils one of the following conditions:
35 (a) He has completed three years’ residence in the country;
(b) He has a spouse possessing the nationality of the country

of residence. A refugee may not invoke the benefits of
this provision if he has abandoned his spouse;
(c) He has one or more children possessing the nationality of

40 the country of residence.
3. The Contracting States shall give sympathetic consideration to

assimilating the rights of all refugees with regard to wage-earning
employment to those of nationals, and in particular of those refugees
who have entered their territory pursuant to programmes of labour
45 recruitment or under immigration schemes.
207
Article 18
Self-employment
The Contracting States shall accord to a refugee lawfully in their

territory treatment as favourable as possible and, in any event, not
less favourable than that accorded to aliens generally in the same 5
circumstances, as regards the right to engage on his own account
in agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
Article 19
Liberal professions 10
1. Each Contracting State shall accord to refugees lawfully staying

in their territory who hold diplomas recognised by the competent
authorities of that State, and who are desirous of practising a liberal
profession, treatment as favourable as possible and, in any event, not
less favourable than that accorded to aliens generally in the same cir- 15
cumstances.
2. The Contracting States shall use their best endeavours consistently

with their laws and constitutions to secure the settlement of such
refugees in the territories, other than the metropolitan territory, for
whose international relations they are responsible. 20
CHAPTER IV
WELFARE
Article 20
Rationing
Where a rationing system exists, which applies to the population 25

at large and regulates the general distribution of products in short
supply, refugees shall be accorded the same treatment as nationals.
Article 21
Housing
As regards housing, the Contracting States, in so far as the matter 30

is regulated by laws or regulations or is subject to the control of
public authorities, shall accord to refugees lawfully staying in their
territory treatment as favourable as possible and, in any event, not
less favourable than that accorded to aliens generally in the same cir-
cumstances. 35
Article 22
Public education
1. The Contracting States shall accord to refugees the same treatment

as is accorded to nationals with respect to elementary education.
2. The Contracting States shall accord to refugees treatment as 40

favourable as possible, and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, with
respect to education other than elementary education and, in part-
icular, as regards access to studies, the recognition of foreign school
certificates, diplomas and degrees, the remission of fees and charges 45
and the award of scholarships.
208
Article 23
Public relief
The Contracting States shall accord to refugees lawfully staying in

their territory the same treatment with respect to public relief and
5 assistance as is accorded to their nationals.
Article 24
Labour legislation and social security
1. The Contracting States shall accord to refugees lawfully staying in

their territory the same treatment as is accorded to nationals in
10 respect of the following matters:
(a) In so far as such matters are governed by laws or regu-

lations or are subject to the control of administrative
authorities: remuneration, including family allowances
where these form part of remuneration, hours of work,
15 overtime arrangements, holidays with pay, restrictions on
home work, minimum age of employment, apprenticeship
and training, women’s work and the work of young per-
sons, and the enjoyment of the benefit of collective
bargaining;
20 (b) Social security (legal provisions in respect of employment

injury, occupational diseases, maternity, sickness, dis-
ability, old age, death, unemployment, family responsibil-
ities and any other contingency which, according to
national laws or regulations, is covered by a social secur-
25 ity scheme), subject to the following limitations:
(i) There may be appropriate arrangements for the main-

tenance of acquired rights and rights in course of
acquisition;
(ii) National laws or regulations of the country of resi-

30 dence may prescribe special arrangements concern-
ing benefits or portions of benefits which are payable
wholly out of public funds, and concerning allow-
ances paid to persons who do not fulfil the contri-
bution conditions prescribed for the award of a nor-
35 mal pension.
2. The right to compensation for the death of a refugee resulting

from employment injury or from occupational disease shall not be
affected by the fact that the residence of the beneficiary is outside
the territory of the Contracting State.
40 3. The Contracting States shall extend to refugees the benefits of

agreements concluded between them, or which may be concluded
between them in the future, concerning the maintenance of acquired
rights and rights in the process of acquisition in regard to social
security, subject only to the conditions which apply to nationals of
45 the States signatory to the agreements in question.
4. The Contracting States will give sympathetic consideration to

extending to refugees so far as possible the benefits of similar agree-
ments which may at any time be in force between such Contracting
States and non-contracting States.
209
CHAPTER V
ADMINISTRATIVE MEASURES
Article 25
Administrative assistance
1. When the exercise of a right by a refugee would normally require 5

the assistance of authorities of a foreign country to whom he cannot
have recourse, the Contracting States in whose territory he is residing
shall arrange that such assistance be afforded to him by their own
authorities or by an international authority.
2. The authority or authorities mentioned in paragraph 1 shall deliver 10

or cause to be delivered under their supervision to refugees such
documents or certifications as would normally be delivered to aliens
by or through their national authorities.
3. Documents or certifications so delivered shall stand in the stead

of the official instruments delivered to aliens by or through their 15
national authorities, and shall be given credence in the absence of
proof to the contrary.
4. Subject to such exceptional treatment as may be granted to indi-

gent persons, fees may be charged for the services mentioned herein,
but such fees shall be moderate and commensurate with those 20
charged to nationals for similar services.
5. The provisions of this article shall be without prejudice to articles

27 and 28.
Article 26
Freedom of movement 25
Each Contracting State shall accord to refugees lawfully in its terri-

tory the right to choose their place of residence and to move freely
within its territory, subject to any regulations applicable to aliens
generally in the same circumstances.
Article 27 30
Identity papers
The Contracting States shall issue identity Papers to any refugee

in their territory who does not possess a valid travel document.
Article 28
Travel documents 35
1. The Contracting States shall issue to refugees lawfully staying in

their territory travel documents for the purpose of travel outside
their territory unless compelling reasons of national security or
public order otherwise require, and the provisions of the Schedule
to this Convention shall apply with respect to such documents. The 40
Contracting States may issue such a travel document to any other
refugee in their territory; they shall in particular give sympathetic
consideration to the issue of such a travel document to refugees in
their territory who are unable to obtain a travel document from the
country of their lawful residence. 45
2. Travel documents issued to refugees under previous international

agreements by parties thereto shall be recognised and treated by the
210
Contracting States in the same way as if they had been issued pursu-
ant to this article.
Article 29
Fiscal charges
5 1. The Contracting States shall not impose upon refugees duties,

charges or taxes, of any description whatsoever, other or higher than
those which are or may be levied on their nationals in similar
situations.
2. Nothing in the above paragraph shall prevent the application to

10 refugees of the laws and regulations concerning charges in respect of
the issue to aliens of administrative documents including identity
papers.
Article 30
Transfer of assets
15 1. A Contracting State shall, in conformity with its laws and regu-

lations permit refugees to transfer assets which they have brought
into its territory, to another country where they have been admitted
for the purposes of resettlement.
2. A Contracting State shall give sympathetic consideration to the

20 application of refugees for permission to transfer assets wherever
they may be and which are necessary for their resettlement in
another country to which they have been admitted.
Article 31
Refugees unlawfully in the country of refuge
25 1. The Contracting States shall not impose penalties, on account of

their illegal entry or presence, on refugees who, coming directly from
a territory where their life or freedom was threatened in the sense
of Article 1, enter or are present in their territory without authoriz-
ation, provided they present themselves without delay to the auth-
30 orities and show good cause for their illegal entry or presence.
2. The Contracting States shall not apply to the movements of such

refugees restrictions other than those which are necessary and such
restrictions shall only be applied until their status in the country is
regularised or they obtain admission into another country. The Con-
35 tracting States shall allow such refugees a reasonable period and all
the necessary facilities to obtain admission into another country.
Article 32
Expulsion
1. The Contracting States shall not expel a refugee lawfully in their

40 territory save on grounds of national security or public order.
2. The expulsion of such a refugee shall be only in pursuance of a

decision reached in accordance with due process of law. Except
where compelling reasons of national security otherwise require, the
refugee shall be allowed to submit evidence to clear himself, and
45 to appeal to and be represented for the purpose before competent
authority or a person or persons specially designated by the com-
petent authority.
3. The Contracting States shall allow such a refugee a reasonable

period within which to seek legal admission into another country.
211
The Contracting States reserve the right to apply during that period
such internal measures as they may deem necessary.
Article 33
Prohibition of expulsion or return (“refoulement”)
1. No Contracting State shall expel or return (“refouler”) a refugee 5

in any manner whatsoever to the frontiers of territories where his
life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political
opinion.
2. The benefit of the present provision may not, however, be claimed 10

by a refugee whom there are reasonable grounds for regarding as a
danger to the security of the country in which he is, or who, having
been convicted by a final judgment of a particularly serious crime,
constitutes a danger to the community of that country.
Article 34 15
Naturalization
The Contracting States shall as far as possible facilitate the assimi-

lation and naturalisation of refugees. They shall in particular make
every effort to expedite naturalisation proceedings and to reduce as
far as possible the charges and costs of such proceedings. 20
CHAPTER VI
EXECUTORY AND TRANSITORY PROVISIONS
Article 35
Co-operation of the national authorities with the United Nations
1. The Contracting States undertake to co-operate with the Office of 25

the United Nations High Commissioner for Refugees, or any other
agency of the United Nations which may succeed it, in the exercise
of its functions, and shall in particular facilitate its duty of supervising
the application of the provisions of this Convention.
2. In order to enable the Office of the High Commissioner or any 30

other agency of the United Nations which may succeed it, to make
reports to the competent organs of the United Nations, the Con-
tracting States undertake to provide them in the appropriate form
with information and statistical data requested concerning:
(a) the condition of refugees, 35
(b) the implementation of this Convention, and
(c) laws, regulations and decrees which are, or may hereafter

be, in force relating to refugees.
Article 36
Information on national legislation 40
The Contracting States shall communicate to the Secretary-

General of the United Nations the laws and regulations which they
may adopt to ensure the application of this Convention.
212
Article 37
Relation to previous Conventions
Without prejudice to article 28, paragraph 2, of this Convention,

this Convention replaces, as between parties to it, the Arrangements
5 of 5 July 1922, 31 May 1924, 12 May 1926, 30 June 1928 and 30 July
1935, the Conventions of 28 October 1933 and 10 February 1938, the
Protocol of 14 September 1939 and the Agreement of 15 October
1946.
CHAPTER VII
10 FINAL CLAUSES
Article 38
Settlement of disputes
Any dispute between parties to this Convention relating to its

interpretation or application, which cannot be settled by other
15 means, shall be referred to the International Court of Justice at the
request of any one of the parties to the dispute.
Article 39
Signature, ratification and accession
1. This Convention shall be opened for signature at Geneva on 28

20 July 1951 and shall thereafter be deposited with the Secretary-
General of the United Nations. It shall be open for signature at the
European Office of the United Nations from 28 July to 31 August
1951 and shall be reopened for signature at the Headquarters of the
United Nations from 17 September 1951 to 31 December 1952.
25 2. This Convention shall be open for signature on behalf of all States

Members of the United Nations, and also on behalf of any other
State invited to attend the Conference of Plenipotentiaries on the
Status of Refugees and Stateless Persons or to which an invitation to
sign will have been addressed by the General Assembly. It shall be
30 ratified and the instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. This Convention shall be open from 28 July 1951 for accession by

the States referred to in paragraph 2 of this Article. Accession shall
be effected by the deposit of an instrument of accession with the
35 Secretary-General of the United Nations.
Article 40
Territorial application clause
1. Any State may, at the time of signature, ratification or accession,

declare that this Convention shall extend to all or any of the territor-
40 ies for the international relations of which it is responsible. Such a
declaration shall take effect when the Convention enters into force
for the States concerned.
2. At any time thereafter any such extension shall be made by notifi-

cation addressed to the Secretary-General of the United Nations and
45 shall take effect as from the ninetieth day after the day of receipt by
the Secretary-General of the United Nations of this notification, or
as from the date of entry into force of the Convention for the State
concerned, whichever is the later.
213
3. With respect to those territories to which this Convention is not
extended at the time of signature, ratification or accession, each State
concerned shall consider the possibility of taking the necessary steps
in order to extend the application of this Convention to such territor-
ies, subject where necessary for constitutional reasons, to the consent 5
of the governments of such territories.
Article 41
Federal clause
In the case of a Federal or non-unitary State, the following provisions

shall apply: 10
(a) With respect to those articles of this Convention that come

within the legislative jurisdiction of the federal legislative
authority, the obligations of the Federal Government
shall to this extent be the same as those of Parties which
are not Federal States. 15
(b) With respect to those articles of this Convention that come

within the legislative jurisdiction of constituent States,
provinces or cantons which are not, under the consti-
tutional system of the Federation, bound to take legislat-
ive action, the Federal Government shall bring such 20
articles with a favourable recommendation, to the notice
of the appropriate authorities of States, provinces or can-
tons at the earliest possible moment.
(c) A Federal State Party to this Convention shall, at the

request of any other Contracting State transmitted 25
through the Secretary-General of the United Nations,
supply a statement of the law and practice of the Feder-
ation and its constituent units in regard to any particular
provision of the Convention showing the extent to which
effect has been given to that provision by legislative or 30
other action.
Article 42
Reservations
1. At the time of signature, ratification or accession, any State may

make reservations to articles of the Convention other than to articles 35
1, 3, 4, 16 (1), 33, 36 to 46 inclusive.
2. Any State making a reservation in accordance with paragraph 1

of this article may at any time withdraw the reservation by a com-
munication to that effect addressed to the Secretary-General of the
United Nations. 40
Article 43
Entry into force
1. This Convention shall come into force on the ninetieth day follow-
ing the day of deposit of the sixth instrument of ratification or
accession. 45
2. For each State ratifying or acceding to the Convention after the

deposit of the sixth instrument of ratification or accession, the Con-
vention shall enter into force on the ninetieth day following the day
of deposit by such State of its instrument of ratification or accession.
214
Article 44
Denunciation
1. Any Contracting State may denounce this Convention at any time

by a notification addressed to the Secretary-General of the United
5 Nations.
2. Such denunciation shall take effect for the Contracting State con-
cerned one year from the date upon which it is received by the Sec-
retary-General of the United Nations.
3. Any State which has made a declaration or notification under

10 article 40 may, at any time thereafter, by a notification to the Sec-
retary-General of the United Nations, declare that the Convention
shall cease to extend to such territory one year after the date of
receipt of the notification by the Secretary-General.
Article 45
15 Revision
1. Any Contracting State may request revision of this Convention at

any time by a notification addressed to the Secretary-General of the
United Nations.
2. The General Assembly of the United Nations shall recommend

20 the steps, if any, to be taken in respect of such request.
Article 46
Notifications by the Secretary-General of the United Nations
The Secretary-General of the United Nations shall inform all

Members of the United Nations and non-member States referred to
25 in article 39:
(a) of declarations and notifications in accordance with

Section B of article 1;
(b) of signatures, ratifications and accessions in accordance

with article 39;
30 (c) of declarations and notifications in accordance with

article 40;
(d) of reservations and withdrawals in accordance with

article 42;
(e) of the date on which this Convention will come into force
35 in accordance with article 43;
(f) of denunciations and notifications in accordance with

article 44;
(g) of requests for revision in accordance with article 45.
In faith whereof the undersigned, duly authorised, have signed this

40 Convention on behalf of their respective Governments,
Done at Geneva, this twenty-eighth day of July, one thousand nine

hundred and fifty-one, in a single copy, of which the English and
French texts are equally authentic and which shall remain deposited
in the archives of the United Nations, and certified true copies of
215
which shall be delivered to all Members of the United Nations and
to the non-member States referred to in article 39.
SCHEDULE
Paragraph 1
1. The travel document referred to in article 28 of this Convention 5
shall be similar to the specimen annexed hereto.
2. The document shall be made out in at least two languages, one of

which shall be in English or French.
Paragraph 2
Subject to the regulations obtaining in the country of issue, chil- 10
dren may be included in the travel document of a parent or, in excep-
tional circumstances, of another adult refugee.
Paragraph 3
The fees charged for issue of the document shall not exceed the
lowest scale of charges for national passports. 15
Paragraph 4
Save in special or exceptional cases, the document shall be made
valid for the largest possible number of countries.
Paragraph 5
The document shall have a validity of either one or two years, at 20
the discretion of the issuing authority.
Paragraph 6
1. The renewal or extension of the validity of the document is a
matter for the authority which issued it, so long as the holder has
not established lawful residence in another territory and resides law- 25
fully in the territory of the said authority. The issue of a new docu-
ment is, under the same conditions, a matter for the authority which
issued the former document.
2. Diplomatic or consular authorities, specially authorized for the

purpose, shall be empowered to extend, for a period not exceeding 30
six months, the validity of travel documents issued by their
Governments.
3. The Contracting States shall give sympathetic consideration to

renewing or extending the validity of travel documents or issuing
new documents to refugees no longer lawfully resident in their terri- 35
tory who are unable to obtain a travel document from the country
of their lawful residence.
Paragraph 7
The Contracting States shall recognize the validity of the docu-
ments issued in accordance with the provisions of article 28 of this 40
Convention.
Paragraph 8
The competent authorities of the country to which the refugee
desires to proceed shall, if they are prepared to admit him and if a
visa is required, affix a visa on the document of which he is the 45
holder.
216
Paragraph 9
1. The Contracting States undertake to issue transit visas to refugees
who have obtained visas for a territory of final destination.
2. The issue of such visas may be refused on grounds which would

5 justify refusal of a visa to any alien.
Paragraph 10
The fees for the issue of exit, entry or transit visas shall not exceed
the lowest scale of charges for visas on foreign passports.
Paragraph 11
10 When a refugee has lawfully taken up residence in the territory of
another Contracting State, the responsibility for the issue of a new
document, under the terms and conditions of article 28, shall be that
of the competent authority of that territory, to which the refugee
shall be entitled to apply.
15 Paragraph 12
The authority issuing a new document shall withdraw the old docu-
ment and shall return it to the country of issue, if it is stated in the
document that it should be so returned; otherwise it shall withdraw
and cancel the document.
20 Paragraph 13
1. Each Contracting State undertakes that the holder of a travel
document issued by it in accordance with article 28 of this Conven-
tion shall be readmitted to its territory at any time during the period
of its validity.
25 2. Subject to the provisions of the preceding sub-paragraph, a Con-

tracting State may require the holder of the document to comply
with such formalities as may be prescribed in regard to exit from or
return to its territory.
3. The Contracting States reserve the right, in exceptional cases, or

30 in cases where the refugee’s stay is authorised for a specific period,
when issuing the document, to limit the period during which the refu-
gee may return to a period of not less than three months.
Paragraph 14
Subject only to the terms of paragraph 13, the provisions of this
35 Schedule in no way affect the laws and regulations governing the
conditions of admission to, transit through, residence and establish-
ment in, and departure from, the territories of the Contracting States.
Paragraph 15
Neither the issue of the document nor the entries made thereon
40 determine or affect the status of the holder, particularly as regards
nationality.
Paragraph 16
The issue of the document does not in any way entitle the holder
to the protection of the diplomatic or consular authorities of the
45 country of issue, and does not confer on these authorities a right
of protection.
217
ANNEX
Specimen Travel Document
The document will be in booklet form (approximately 15 x 10
centimetres).
It is recommended that it be so printed that any erasure or alter- 5
ation by chemical or other means can be readily detected, and that
the words “Convention of 28 July 1951’ be printed in continuous
repetition on each page, in the language of the issuing country.
(Cover of booklet)
TRAVEL DOCUMENT 10
(Convention of 28 July 1951)
No.
(1)
TRAVEL DOCUMENT
(Convention of 28 July 1951) 15
This document expires onunless its validity is extended or renewed.
Name
Forename(s)
Accompanied by child (children)
1. This document is issued solely with a view to providing the holder with a travel 20
document which can serve in lieu of a national passport. It is without prejudice to
and in no way affects the holder’s nationality.
2. The holder is authorised to return to
[state here the country whose authorities are issuing the document]
on or before unless some later 25
date is hereafter specified.
[The period during which the holder is allowed to return must not be less than
three months]
3. Should the holder take up residence in a country other than that which issued
the present document, he must, if he wishes to travel again, apply to the 30
competent authorities of his country of residence for a new document. [The old
travel document shall be withdrawn by the authority issuing the new document
and returned to the authority which issued it.]
(This document contains pages, exclusive of cover).
(2) 35
Place and date of birth
Occupation
Present residence
*Maiden name and forename(s) of wife
*Name and forename(s) of husband 40
Description
Height
Hair
Colour of eyes
Nose 45
Shape of face
Complexion
Special peculiarities
Children accompanying holder
Name Forename(s) Place Sex 50
and date
of birth
(3)
Photograph of holder and stamp of issuing authority 55
Finger-prints of holder (if required)
Signature of holder
218
(4)
1. This document is valid for the following countries:
2. Document or documents on the basis of which the present document is issued:
Issued at
5 Date
Signature and stamp of authority
issuing the document:
Fee paid
10 (5)
Extension or renewal of validity
Fee paid: From
To
Done at Date Signature and stamp of authority extending
or renewing the validity of the document:
15 Extension or renewal of validity
Fee paid: From
To
Done at Date
Signature and stamp of authority
20 extending or renewing the validity
of the document:
(6)
25 Fee paid: From
To
Done at Date
Signature and stamp of authority extending or renewing the validity of the
document:
30 Fee paid: From
To
Done at Date
document:
35 Fee paid: From
To
Done at Date
document:
40 (7-32)
Visas
The name of the holder of the document must be repeated in each visa.
219
SCHEDULE 2
PROTOCOL RELATING TO THE STATUS OF REFUGEES

DONE AT NEW YORK ON 31 JANUARY 1967
The States Parties to the present Protocol,
Considering that the Convention relating to the Status of Refugees 5

done at Geneva on 28 July 1951 (hereinafter referred to as the
Convention) covers only those persons who have become refugees
as a result of events occurring before 1 January 1951,
Considering that new refugee situations have arisen since the Con-
vention was adopted and that the refugees concerned may therefore 10
not fall within the scope of the Convention,
Considering that it is desirable that equal status should be enjoyed

by all refugees covered by the definition in the Convention irrespec-
tive of the dateline 1 January 1951,
Have agreed as follows: 15
Article I
General provision
1. The States Parties to the present Protocol undertake to apply

articles 2 to 34 inclusive of the Convention to refugees as herein-
after defined. 20
2. For the purpose of the present Protocol, the term “refugee” shall,
except as regards the application of paragraph 3 of this article, mean
any person within the definition of article 1 of the Convention as if
the words “As a result of events occurring before 1 January 1951
and...” and the words “... as a result of such events”, in article 1 A 25
(2) were omitted.
3. The present Protocol shall be applied by the States Parties hereto

without any geographic limitation, save that existing declarations
made by States already Parties to the Convention in accordance with
article 1 B (1) (a) of the Convention, shall, unless extended under 30
article 1 B (2) thereof, apply also under the present Protocol.
Article II
Co-operation of the national authorities with the United Nations
1. The States Parties to the present Protocol undertake to co-operate

with the Office of the United Nations High Commissioner for Refu- 35
gees, or any other agency of the United Nations which may succeed
it, in the exercise of its functions, and shall in particular facilitate its
duty of supervising the application of the provisions of the present
Protocol.
2. In order to enable the Office of the High Commissioner, or any 40

other agency of the United Nations which may succeed it to make
reports to the competent organs of the United Nations, the States
Parties to the present Protocol undertake to provide them with the
information and statistical data requested, in the appropriate form,
concerning: 45
(a) The condition of refugees;
(b) The implementation of the present Protocol;
220
(c) Laws, regulations and decrees which are, or may hereafter
be, in force relating to refugees.
Article III
Information on national legislation
5 The States Parties to the present Protocol shall communicate to

the Secretary-General of the United Nations the laws and regulations
which they may adopt to ensure the application of the present
Protocol.
Article IV
10 Settlement of disputes
Any dispute between States Parties to the present Protocol which

relates to its interpretation or application and which cannot be
settled by other means shall be referred to the International Court
of Justice at the request of any one of the parties to the dispute.
15 Article V
Accession
The present Protocol shall be open for accession on behalf of all

States Parties to the Convention and of any other State Member of
the United Nations or member of any of the specialised agencies or
20 to which an invitation to accede may have been addressed by the
General Assembly of the United Nations. Accession shall be effected
by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
Article VI
25 Federal clause
In the case of a Federal or non-unitary State, the following pro-

visions shall apply:
(a) With respect to those articles of the Convention to be

applied in accordance with article I, paragraph 1, of the
30 present Protocol that come within the legislative juris-
diction of the federal legislative authority, the obligations
of the Federal Government shall to this extent be the
same as those of States Parties which are not Federal
States;
35 (b) With respect to those articles of the Convention to be

applied in accordance with article I, paragraph 1, of the
present Protocol that come within the legislative juris-
diction of constituent States, provinces or cantons which
are not, under the constitutional system of the Feder-
40 ation, bound to take legislative action, the Federal
Government shall bring such articles with a favourable
recommendation to the notice of the appropriate auth-
orities of States, provinces or cantons at the earliest pos-
sible moment;
45 (c) A Federal State Party to the present Protocol shall, at

the request of any other State Party hereto transmitted
through the Secretary-General of the United Nations,
supply a statement of the law and practice of the Feder-
ation and its constituent units in regard to any particular
50 provision of the Convention to be applied in accordance
221
with article I, paragraph 1, of the present Protocol, show-
ing the extent to which effect has been given to that pro-
vision by legislative or other action.
Article VII
Reservations and Declarations 5
1. At the time of accession, any State may make reservations in

respect of article IV of the present Protocol and in respect of the
application in accordance with article I of the present Protocol of any
provisions of the Convention other than those contained in articles 1,
3, 4, 16 (1) and 33 thereof, provided that in the case of a State Party 10
to the Convention reservations made under this article shall not
extend to refugees in respect of whom the Convention applies.
2. Reservations made by States Parties to the Convention in accord-

ance with article 42 thereof shall, unless withdrawn, be applicable in
relation to their obligations under the present Protocol. 15
3. Any State making a reservation in accordance with paragraph 1

of this article may at any time withdraw such reservation by a com-
munication to that effect addressed to the Secretary-General of the
United Nations.
4. Declarations made under article 40, paragraphs 1 and 2, of the 20

Convention by a State Party thereto which accedes to the present
Protocol shall be deemed to apply in respect of the present Protocol,
unless upon accession a notification to the contrary is addressed by
the State Party concerned to the Secretary-General of the United
Nations. The provisions of article 40, paragraphs 2 and 3, and of 25
article 44, paragraph 3, of the Convention shall be deemed to apply
mutatis mutandis to the present Protocol.
Article VIII
Entry into force
1. The present Protocol shall come into force on the day of deposit 30
of the sixth instrument of accession.
2. For each State acceding to the Protocol after the deposit of the
sixth instrument of accession, the Protocol shall come into force on
the date of deposit by such State of its instrument of accession.
Article IX 35
Denunciation
1. Any State Party hereto may denounce this Protocol at any time
by a notification addressed to the Secretary-General of the United
Nations.
2. Such denunciation shall take effect for the State Party concerned 40
one year from the date on which it is received by the Secretary-
General of the United Nations.
Article X
Notifications by the Secretary-General of the United Nations
The Secretary-General of the United Nations shall inform the 45

States referred to in article V above of the date of entry into force,
accessions, reservations and withdrawals of reservations to and
denunciations of the present Protocol, and of declarations and notifi-
cations relating hereto.
222
Article XI
Deposit in the Archives of the Secretariat of the United Nations
A copy of the present Protocol, of which the Chinese, English,

French, Russian and Spanish texts are equally authentic, signed by
5 the President of the General Assembly and by the Secretary-General
of the United Nations, shall be deposited in the archives of the Sec-
retariat of the United Nations. The Secretary-General will transmit
certified copies thereof to all States Members of the United Nations
and to the other States referred to in article V above,
223
Section 147. SCHEDULE 3
Amendments to Enactments
Act Provision Amendment
1. Irish Section 2 (as Delete the following definitions:
Nationality and amended by
Citizenship Act section 2 of the “ “Act of 1996” means the Refugee 5
1956 Irish Nationality Act 1996;”,
and Citizenship
Act 2004) “ “Act of 2003” means the 10
Immigration Act 2003;”, and
“ “Act of 2004” means the

Immigration Act 2004;” and
insert “ “Act of 2010” means the 15

Immigration, Residence and
Protection Act 2010;”.
2. Irish Section 6A(2) (as In paragraphs (d) and (e), substitute
Nationality and inserted by “granted or deemed to have been
Citizenship Act section 4 of the granted under the Act of 2010” for 20
1956 Irish Nationality “granted under section 4 of the Act
and Citizenship of 2004” wherever it appears.
Act 2004)
3. Irish Section 6B(4) (as Substitute the following for
Nationality and inserted by subsection (4): 25
Citizenship Act section 4 of the
1956 Irish Nationality “(4) A period of residence in the
and Citizenship State shall not be reckonable for the 30
Act 2004) purposes of calculating a period of
residence under section 6A if it is
not reckonable for the purposes of
section 46(4)(b) of the Immigration, 35
Residence and Protection Act 2010.”.
4. Irish Section 16A (as (a) Substitute the following for
Nationality and substituted by subsection (1):
1956 Irish Nationality “(1) A period of residence in 40
and Citizenship the State shall not be reckoned
Act 2004) when calculating a period of 45
residence for the purpose or
granting a certificate of
naturalisation if it is not
reckonable for the purposes of
section 46(4)(b) of the 50
Protection Act 2010.”.
(b) Delete section 16A(2).

5. Irish Section 17 (as Substitute the following for
Nationality and amended by paragraph (b): 55
1956 Irish Nationality “(b) be accompanied by—
and Citizenship
Act 2004) (i) such fee (if any) as may be 60
prescribed, and
(ii) such evidence (including

statutory declarations) to
vouch the application as 65
the Minister may
require.”.
6. Irish Section 18(2) Substitute the following for
Nationality and subsection (2):
Citizenship Act 70
1956 “(2) A certificate of naturalisation
be—
(a) in the prescribed form, and
224
(b) issued on payment of such

fee (if any) as may be pre-
scribed, and
notice of issue shall be published in

5 the prescribed manner in Iris
Oifigiúil.”.
7. Prisoners of Section 6 Substitute the following for subsec-
War and tion (1):
Enemy Aliens
10 Act 1956 “(1) The Minister for Justice and
Law Reform may, where he or she is
satisfied that it is absolutely necessary
for the security of the State to do so,
15 require an enemy alien to—
(a) reside or remain in a speci-

fied district or place in
the State,
(b) report at specified intervals

20 to a specified immigration
area office (within the
meaning of section 2 of
the Immigration, Resi-
dence and Protection Act
25 2010) or Garda Síochána
station, or
(c) surrender any travel docu-

ment that he or she
holds.”.
30 8. Criminal Law Section 8(1) Substitute the following for
Act 1976 paragraph (l) (inserted by section 6
of the Illegal Immigrants
(Trafficking) Act 2000:
“ (l) an offence under section 149

35 of the Immigration, Residence
and Protection Act 2010.”.
9. Diplomatic and Section 3(1) (as In paragraph (a), delete “,visas”.
Consular substituted by
Officers section 28 of the
40 (Provision of Passports Act
Services) Act 2008)
1993
10. Extradition First Schedule Insert the following after paragraph
(Amendment) 6C (as inserted by section 58 of the
45 Act 1994 Criminal Justice (Terrorist Offences)
Act 2005):
“6D. An offence under section

149 of the Immigration, Residence
50 11. Bail Act 1997 Schedule Insert the following after paragraph
27A (inserted by section 8 of the
Illegal Immigrants (Trafficking) Act
2000):
“27B. Any offence under section

55 149 of the Immigration, Residence
12. Employment Section 12 (as In the opening words of subsection
Equality Act amended by (7), substitute “Without prejudice to
1998 section 39 of the section 109 of the Immigration,
60 Equal Status Act Residence and Protection Act 2010”
2000) for “Without prejudice to section 3
of the Refugee Act 1996”.
225
13. Equal Status Section 7(3) In paragraph (d), substitute “without
Act 2000 prejudice to section 109 of the
Protection Act 2010,” for “without
prejudice to section 3 of the Refugee 5
Act 1996,”.
14. Equal Status Section 14 (as (a) Delete paragraph (aa) of
Act 2000 amended by subsection (1) and substitute
section 52 of the the following:
Equality Act 10
2004) “(aa) on the basis of
nationality—
(i) any action taken by a

public authority in 15
relation to a foreign
national—
(I) who, when the

action was taken,
was either outside 20
the State or, for
the purposes of
the Immigration,
Residence and
Protection Act 25
2010, unlawfully
present in it, or
(II) in accordance with

any provision or
condition made by 30
or under any
enactment and
arising from his or
her entry into or
residence in the 35
State,
or
(ii) any action taken by the

Minister in relation to
a foreign national 40
where the action arises
from an action referred
to in subparagraph
(i),”;
(b) In subsection (2), substitute “ 45

‘foreign national’ has the
meaning given to it by the
Protection Act 2010 and
includes a category of foreign 50
national;” for “ ‘non-national
has the meaning given to it by
the Immigration Act 1999 and
includes a category of non-
nationals;”; 55
(c) In subsection (2), in paragraph
(b) of the definition of
“public authority”, substitute
“an immigration officer within
the meaning of section 2 of 60
the Immigration, Residence
and Protection Act 2010,” for
“an immigration officer
appointed or deemed to have
been appointed under section 65
3 of the Immigration Act
2004,”.
226
15. Criminal Section 24 Substitute “(o) permit issued or
Justice (Theft deemed to have been issued under
and Fraud section 29, 44, 47, 75 or 110 of the
Offences) Act Immigration, Residence and
5 2001 Protection Act 2010,” for “(o)
registration certificate issued under
Article 11(1)(e)(i) of the Aliens
Order, 1946 (S.I. No. 395 of 1946) or
the Immigration Act 2000,”.
10 16. Employment Section 1(1) (as Substitute “ “foreign national” has
Permits Act amended by the meaning assigned to it by the
2003 section 39 of the Immigration, Residence and
Employment Protection Act 2010;” for “ ‘foreign
Permits Act 2006) national’ means a non-national
15 (within the meaning of the
Immigration Act 1999);”.
17. Employment Section 2(10) (as (a) Substitute the following for
Permits Act substituted by paragraph (a):
2003 section 3 of the
20 Employment “(a) who has been granted, or
Permits Act 2006) deemed to have been
granted, a protection
25 declaration under the
Immigration, Residence
and Protection Act 2010,
which remains in force,”;
(b) Substitute the following for

30 paragraph (b):
“(b) who has been granted, or

deemed to have been
granted, a residence
permission under section
35 113, 114 or 116 of the
Immigration, Residence
and Protection Act 2010,
which remains valid,”.
18. Taxi Section 36(1) Substitute the following for
40 Regulation Act paragraph (h):
2003
“(h) an offence under section 149
of the Immigration, Residence
45 19. Social Welfare Section 198(4) In paragraph (a), substitute the
Consolidation following for subparagraph (ii):
Act 2005
“(ii) the person has made, or is
deemed to have made, a
50 protection application under
section 81 of the Immigration,
Residence and Protection Act
2010, other than a person
who—
55 (I) has been granted, or is

deemed to have been
granted, a protection
declaration under section
109 of that Act, or
60 (II) has been granted, or is

deemed to have been
granted, a residence
113, 114 or 116 of that
65 Act,
or
(III) has been granted a

residence permission
under section 89 of that
70 Act,”.
227
20. Social Welfare Section 246(6) (as (a) Substitute the following for
Consolidation inserted by paragraphs (c) to (g):
Act 2005 section 15 of the
Social Welfare “(c) a person who has been 5
and Pensions granted, or is deemed to
(No. 2) Act 2009) have been granted, a
protection declaration 10
under section 109 of the
Act of 2010, which
remains in force;
(d) a person who has been

granted, or is deemed to 15
have been granted, a
residence permission
under section 113, 114 or
116 of the Act of 2010,
which remains valid; 20
(e) a person who has been
granted a residence
which remains valid;”. 25
paragraph (h):
“(f) a person who is the holder

of a permission to enter,
be present or to reside in 30
the State granted, or
deemed to have been
granted under Part 4 or 5
of the Act of 2010.”.
21. Social Welfare Section 246(7) (as (a) Substitute the following for 35
Consolidation inserted by paragraphs (a) to (e):
Social Welfare “(a) a person to whom section
and Pensions 163(1) of the 40
(No. 2) Act 2009) Immigration, Residence
and Protection Act 2010
applies; 45
(b) a person who has made, or
is deemed to have made,
a protection application
under section 81 of the
Act of 2010 in respect of 50
which a determination
under section 88 of that
Act has not been made;
(c) a person to whom any

provision of section 160 55
of the Act of 2010
applies,
(d) a person whose presence

in the State is unlawful
under the Act of 2010;”. 60
paragraph (f):
“(e) a person who has been

refused a protection
declaration under the 65
Act of 2010.”.
228
22. Social Welfare Section 246(8) (as Substitute the following for
Consolidation inserted by subsection (8):
5 Social Welfare “(8) For the purpose of this Act,
and Pensions where a person—
(No. 2) Act 2009)
(a) is granted, or is deemed to have
10 been granted, a protection
declaration under section 109
of the Act of 2010,
(b) is granted, or is deemed to

have been granted, a
15 residence permission under
section 113, 114 or 116 of the
Act of 2010,
(c) is granted a residence

permission under section 89
20 of the Act of 2010, or
(d) is granted, or deemed to have

been granted, a permission to
enter, be present or to reside
in the State under Part 4 or 5
he or she shall not be regarded as

being habitually resident in the State
for any period before the date on
which the declaration referred to in
30 paragraph (a) was given or the per-
mission referred to in paragraph (b),
(c) or (d) was granted.”.
23. Social Welfare Section 246(10) Insert the following after the
Consolidation (as inserted by definition of “Act of 1996”:
35 Act 2005 section 15 of the
Social Welfare “ “Act of 2010” means the
and Pensions Immigration, Residence and
40 (No. 2) Act 2009) Protection Act 2010;”.
24. Employment Section 21 Substitute the following for

Permits Act subsections (1) and (2):
2006
45 “(1) An employment permit shall,
subject to subsection (2), cease to be
in force where—
(a) an order under section 132 of

the Immigration, Residence
50 and Protection Act 2010 is
made in relation to the
foreign national in respect of
whom the permit was granted,
(b) subsections (3), (4), (5) or (6)

55 of section 160 of that Act
applies in relation to the
foreign national, or
(c) the presence in the State of the

foreign national is otherwise
60 unlawful under that Act.
(2) If the circumstances referred

to in subsection (1) cease to exist,
the employment permit concerned
may, on that cesser, be revived in
65 force.”.
25. Employment Section 34(b) Substitute “Immigration, Residence

Permits Act and Protection Act 2010” for
2006 “Immigration Act 2004”.
229
26. Criminal Section 18(1) Substitute “within the meaning of
Justice Act section 2 of the Immigration,
2006 Residence and Protection Act 2010”
for “who is deemed to have been
appointed as such an officer under 5
section 3 of the Immigration Act
2004”.
27. Aviation Section 12 (a) In subsection (1), substitute
(Preclearance) “enactments referred to in
Act 2009 subsection (3)” for “Aliens 10
Act 1935 and the Immigration
Act 2004”;
(b) In subsection (2), substitute

“enactments referred to in
subsection (3)” for “Aliens 15
Act 1935 and the Immigration
Act 2004”;
Insert new subsection (3):
“(3) The enactments to

which this subsection refers 20
are—
(a) the Immigration, Residence and

Protection Act 2010,
(b) the European Communities

(Aliens) Regulations 1977 25
(S.I. No. 393 of 1977),
(c) the European Communities

(Right of Residence for Non-
Economically Active Persons)
Regulations 1997 (S.I. No. 57 30
of 1997), and
(d) the European Communities

(Free Movement of Persons)
(No. 2) Regulations 2006 (S.I.
No. 656 of 2006).”. 35
230
Click here for Bill
————————

————————
EXPLANATORY MEMORANDUM
————————
General
1. This Bill sets out a legislative framework for the management
of inward migration to Ireland. It lays down a number of
important principles governing the presence in the State of
foreign nationals, including the obligation on a foreign national
who is unlawfully in the State to leave. It sets out statutory
processes for applying for a visa, for entry to the State, for
residence in the State and for being required, when necessary,
to leave.
2. The responsibilities of the State, as executive functions vested

in the Government, to operate immigration controls in the
interest of the common good have been recently restated by the
Supreme Court (Denham J) in Bode (A Minor) -v- Minister for
Justice, Equality and Law Reform & Ors [2007] IESC 62 (20
December 2007) as follows:
‘‘In every State, of whatever model, the State has the power
to control the entry, the residency, and the exit, of foreign
nationals. This power is an aspect of the executive power to
protect the integrity of the State. It has long been recognised
that in Ireland this executive power is exercised by the
Minister on behalf of the State. This was described by
Costello J. in Pok Sun Shun v. Ireland [1986] I.L.R.M. 593
at 599 as:
‘‘In relation to the permission to remain in the State, it

seems to me that the State, through its Ministry for
Justice, must have very wide powers in the interest of the
common good to control aliens, their entry into the State,
their departure and their activities within the State.’’
The special role of the State in the control of foreign

nationals was described by Gannon J. in Osheku v. Ireland
[1986] I.R. 733 at 746. He stated at p.746:—
‘‘That it is in the interests of the common good of a State

that it should have control of the entry of aliens, their
departure and their activities and duration of stay within
the State is and has been recognised universally and from
1
earliest times. There are fundamental rights of the State
itself as well as fundamental rights of the individual
citizen, and the protection of the former may involve
restrictions in circumstances of necessity on the latter.
The integrity of the State constituted as it is for the
collective body of its citizens within the national territory
must be defended and vindicated by the organs of the
State and by the citizens so that there may be true social
order within the territory and concord maintained with
other nations in accordance with the objectives declared
in the preamble to the Constitution.’’
I would affirm and adopt this description. While steps taken

by a State are often restrictive of the movement of foreign
nationals, the State may also exercise its powers so as to take
actions in a particular situation where it has been determined
that the common good is served by giving benefits of
residency to a category of foreign nationals — as a gift, in
effect.’’
3. This restatement continues a line of Supreme Court judgments,

including those in Article 26 Referral of the Illegal Immigrants
(Trafficking) Bill 1999 ([2000] 2 IR 360), FP v. Minister for
Justice ([2002] 1 IR 164) and AO and DL v. Minister for Justice,
Equality and Law Reform ([2003] 1 IR 1).
4. The executive power and responsibility of the Government to

make immigration policies as they consider suitable to the
conditions of the day is at present supplemented by a variety of
statutory provisions designed to facilitate the implementation
of those policies. Those statutory provisions include the Aliens
Act 1935, the Immigration Act 1999, the Immigration Act 2003
and the Immigration Act 2004, all of which this Bill will repeal
and replace.
5. Another important principle underlying the provisions of the

Bill is the clarifying provision of section 6 regarding the
lawfulness and unlawfulness of presence in the State of foreign
nationals. In particular, the element of that provision which
imposes an immediate and continuing obligation on a foreign
national who is unlawfully present in the State to leave the State
is a fundamental principle that dictates the content of many
subsequent provisions of the Bill.
6. The Bill sets out statutory procedures to be followed in dealing

with applications for visas (new to statute), entry into the State
(based on present law), residence permission while in the State
(largely new) and removal from the State (based to some extent
on present law, but with some significant innovations).
7. The Bill proposes to integrate the processes for dealing with

applications for protection in the State (at present covered by
the Refugee Act 1996 and the European Communities
(Eligibility for Protection) Regulations 2006 (S.I. No. 518 of
2006)) and all other aspects of the desire of a protection
applicant to remain in the State (at present dealt with under
the Immigration Act 1999) into a unified process at the end of
which each applicant has a complete answer to the question
whether he or she will be permitted to remain in the State. In
consequence, the Bill repeals the Refugee Act and the
Regulations, and subsumes into the Minister’s functions those
at present carried out by the Refugee Applications
Commissioner in relation to asylum applications. The Bill also
2
transposes into national law Council Directive 2005/85/EC1 of 1
December 2005 on minimum standards on procedures in
Member States for granting and withdrawing refugee status
(‘‘Procedures Directive’’).
8. Of special note is the provision in statute for foreign nationals

to obtain long-term residence permission, giving to the holders
rights in the State similar in most respects to those of Irish
citizens.
9. The Bill also makes some general provisions in relation to the

powers of immigration officers, exchange of information,
provision by carriers of advance passenger information,
marriages of convenience, special provisions on judicial review
based on the present provisions of section 5 of the Illegal
Immigrants (Trafficking) Act 2000 and requirements in relation
to the departure of foreign nationals from the State.
10. The Bill, at Part 9, contains provisions dealing with smuggling

of persons which are intended to implement the following
international instruments concerning migrant smuggling:
• EU council directive 2002/90/EC2 defining the facilitation of

unauthorised entry, transit and residence;
• EU Framework Decision 2002/946/JHA3 on the

strengthening of the penal framework to prevent the
facilitation of unauthorised entry, transit and residence;
• Protocol against the smuggling of migrants by land, sea and

air supplementing the UN Convention against Transnational
Organised Crime.
PART 1
PRELIMINARY
11. Part 1 (sections 1 to 5) of the Bill deals with preliminary matters

such as citation and commencement, interpretation, orders and
regulations, expenses and repeals and revocation of various
enactments.
12. Sections 1, 3, 4 and 5 are standard provisions dealing with

citation and commencement of the Act, orders and regulations,
expenses and repeals and revocation of various enactments.
13. Section 2 sets out the interpretation of the primary terms

referred to throughout the Bill.
PART 2
GENERAL
14. Part 2 (sections 6 to 11) of the Bill sets out general provisions
dealing with lawful and unlawful presence in the State,
marriage, the restricted entitlement to State services of foreign
nationals unlawfully present in the State and delegation of
functions of the Minister.
1
OJ L326 of 13 December 2005
2
OJ L 328 of 5 December 2002
3
OJ L 328 of 5 December 2002
3
15. Section 6 provides that the presence in, or entry into, the State
of a foreign national is lawful only if it is in accordance with a
permission given or deemed to be given to him or her, in
accordance with the Act. This section is based on section 5 of
the Immigration Act 2004. A foreign national who enters the
State unlawfully or whose presence in the State is unlawful
commits an offence. Such a person is also, by subsection (4),
under an obligation to leave the State, and may be removed, if
necessary, following arrest and detention for that purpose. A
foreign national who commits an offence under this section is
liable to the penalty provisions set out in section 134(2) and (3).
By subsection (11), based on section 2(3) of the Immigration
Act 2004, it is for a foreign national to establish, in any
proceedings (including the operation of the provisions of this
Act by the Minister or by immigration officials), his or her
status in the State.
16. Section 7 provides that a marriage does not, of itself, confer

any entitlement on a foreign national to be granted a visa or a
permission to enter or remain in the State.
17. Section 8 has the same effect as section 2 of the Immigration

Act 2004. Subsection (1) sets out the classes of persons who are
deemed to have permission to be present in the State.
Subsection (2) enables the Minister to specify by order classes
of persons who are to be regarded as having permission to be
present in the State.
18. By section 9 a foreign national whose presence in the State is

unlawful will, as a general rule, not be entitled to enter into
employment or engage for gain in any business, trade or
profession (subsection (1)). Subsection (2) lists those services
and benefits which a foreign national unlawfully present in the
State will not be entitled to apply for or receive. Subsection (3)
qualifies the prohibition in subsection (2) to ensure that certain
essential services are provided. In addition, subsection (3)(f)
enables the Minister, having consulted with the relevant other
Minister (subsection (4)), to prescribe the extent to which any
additional emergency provision is to be made available.
However, by subsection (5), any benefit or service provided to
an unlawfully present foreign national will not, of itself, render
his or her presence lawful. Subsection (6) clarifies that a foreign
national does not, by implication, have a right to any benefit or
service not listed in or under subsection (2). By subsection
(6)(b), the onus of proving that he or she is lawfully present in
the State rests on a foreign national who has applied for any of
the benefits or services listed in the subsection.
19. Section 10 is a saver for any EU-related obligations of the State

affecting immigration matters. It is based on section 2(2) of the
Immigration Act 2004.
20. Section 11 makes provision for the delegation of certain

Ministerial functions. Subsection (2) makes provision for
consultation between Ministers, and consent to be obtained,
before delegation to agents, officers or employees of another
Minister. Subsection (3) provides that any delegation is subject
to the general supervision and control of the Minister for Justice
and Law Reform and to such limitations as may be specified in
the delegation. Subsection (4) limits the power of delegation
and subsection (5) is intended to acknowledge and preserve the
‘‘Carltona’’ principle whereby functions of the Minister can be
performed on his or her behalf by his or her officers.
4
PART 3
VISAS
21. Part 3 (sections 12 to 23) of the Bill provides a statutory

framework for grant and revocation of visas.
22. Section 12 is an interpretation section.
23. Section 13 sets out the obligation to possess a visa. By subsection

(1) a foreign national seeking to enter the State must, unless he
or she is a visa-exempt foreign national, be in possession of a
valid visa in respect of that entry. Failure to do so is an offence
(subsection (3)). Subsection (2) provides clarity in relation to
the validity of a visa.
24. Section 14 sets out the powers of the Minister in relation to

visas. The Minister can prescribe the information to be included
in a visa (subsection (1)) and different categories of visa
(subsection (2)). By subsection (3), the Minister can also attach
different conditions to different categories of visas or to
particular visas.
25. Section 15 contains provisions whereby the Minister may

designate a foreign national as exempted from the need to have
a visa. A foreign national may be a visa-exempt foreign national
in some circumstances and, in other circumstances, be required
to possess a visa (subsection (3)).
26. Section 16 sets out the application process for a visa. The
Minister may receive and consider applications for a visa
(subsection (1)) and a visa application must be in the prescribed
form and accompanied by the prescribed fee (if any) (subsection
(2)). Subsection (3) makes provision for the prescription of the
form in which a visa application is to be made, the manner in
which biometric information is to be provided and the
circumstances in which a bond or deposit may be required.
27. Section 17 deals with the determination by the Minister of visa

applications. It is for the visa applicant to establish to the
satisfaction of the Minister that he or she should be granted a
visa (subsection (2)). The Minister may make appropriate
inquiries before determining an application and must take into
account all information that he or she considers relevant
(subsections (3) and (4)). Subsection (5) enables the Minister to
refuse a visa application and sets out examples of the grounds
on which the Minister may consider a refusal justified.
28 Section 18 deals with the grant of a visa. By subsection (1), the

Minister must grant the visa, arrange for its issue and notify
the applicant concerned; the possibility of notification via the
internet (paragraph (c)) is envisaged. Subsection (2) provides
that the visa granted may be of a particular category and may
be subject to conditions.
29. Section 19 deals with refusal of a visa application. Where the

Minister refuses a visa application, he or she must notify the
applicant of the refusal and the reason for the refusal
(subsection (1)); the possibility of notification via the internet
(subsection (3)) is envisaged. The Minister must also inform
the applicant whether a review is available and, if so, how it
may be sought (subsection (2)).
5
30. Section 20 deals with revocation of a visa. Subsection (1) enables
the Minister to revoke a visa if he or she considers its revocation
to be justified and contains examples of reasons why the
Minister may consider a revocation justified. The Minister must
take all reasonable steps to inform the holder of a visa as soon
as possible of the revocation and the reasons for the revocation,
including notification via the internet (subsection (2)).
31. Section 21 sets out the entitlement (subsection (1)) and the
process (subsection (2)) for seeking a review of a refusal to
grant a visa under section 17 or a revocation of a visa under
section 20. A person who sought or obtained a visa on the basis
of false or misleading information which was intentionally
furnished to the Minister is not entitled to seek a review of the
decision to refuse or, as the case may be, revoke a visa
(subsection (2)). Subsection (3) sets out the application process
for a review. By subsection (4) a review officer will deal with
the review. That officer will not be the person who made the
initial decision and will be of an equivalent or higher grade than
that person. By subsections (5) and (6) the review officer can
make enquiries and must, in determining the review, have
regard to all relevant information whether or not provided by
the applicant.
32. Section 22 empowers a review officer to confirm or set aside a

visa refusal or revocation. A confirmation can be on the same
grounds or other grounds as the initial refusal or revocation
(subsection (2)). Where the refusal or revocation is upheld, the
review officer must inform the applicant and the possibility of
notification via the internet is envisaged (subsection (3)). By
subsection (4), where a refusal or revocation is set aside, a visa
will be issued.
33. Section 23 contains provisions whereby the Minister may

designate a foreign national as being subject to the need to have
a transit visa in order to be permitted to arrive at a port in the
State for the purpose of passing through the port in order to
travel to another state (subsections (1) and (2)). It is an offence
for a transit-visa-required foreign national to arrive at a port in
the State without being in possession of a transit visa
(subsections (4) and (5)). A foreign national may be a transit-
visa-required foreign national in some circumstances and, in
other circumstances, not be required to possess a transit visa
(subsection (3)). The provisions applicable to visas at sections
13, 14 and 16 to 22 also apply to a transit visa.
PART 4
ENTRY INTO THE STATE
34. Part 4 (sections 24 to 34) of the Bill deals with entry into the
State and sets out the responsibilities of foreign nationals and
carriers in this regard.
35. Section 24 is based, to a large extent, on section 6 of the

Immigration Act 2004 and provides that a foreign national may,
unless the Minister has consented otherwise, only enter the
State via an approved port (subsection (1) — paragraph (a) and
(b) lists certain exemptions). Failure to comply with this
requirement constitutes an offence (subsection (5)) and the
person is to be regarded as having been refused permission to
6
enter the State (subsection (6)). Subsections (2) to (4) set out
the process for obtaining consent.
36. Section 25 contains provisions dealing with approved ports. An

approved port is a place that is designated by the Minister as
an approved port (subsections (1) and (2)) and such designation
may be subject to certain conditions. The Minister must consult
the person having management and control of the port before
arriving at conditions of approval (subsection (3)). By
subsection (4), it is an offence to represent an unapproved port
as an approved port, to facilitate the unlawful entry of a person
into the State via that port or to fail to report such unlawful
entry to an immigration officer.
37. Section 26 is based on section 11 of the Immigration Act 2004

and sets out the requirement for every person (other than an
Irish citizen or a British citizen travelling within the Common
Travel Area) to be in possession of a valid passport or other
equivalent document establishing his or her identity and
nationality when landing in the State. Subsection (2) obliges a
person landing in the State to provide an immigration officer
with any necessary information and to comply with any
instructions given by an immigration officer. It also clarifies the
position in relation to the furnishing of biometric information
by Irish and EU citizens — such information can only be
required for the purposes of establishing that the travel
document presented by the citizen relates to him or her. Failure
to comply with the section is an offence (subsection (3)).
38. Section 27, which is based on section 4 of the Immigration Act

2004, sets out the obligations for certain foreign nationals to
present themselves to an immigration officer and to apply for
permission to enter the State (subsections (1) and (3)); failure
to do so is an offence (subsection (8)). The section also specifies
the powers that may be exercised by an immigration officer in
determining whether a person should be given permission to
enter and be present in the State and the sort of information
that would be pertinent in making that decision (subsections
(3), (4) and (5)). It further sets out what the immigration officer
should do where the foreign national indicates a protection
need (subsections (6) and (7)).
39. Section 28 deals with the procedures to be followed where the

foreign national is under 18 years of age, and the interactions
with the Health Service Executive that are to take place in that
event. This provision is based on section 8(5) of the Refugee
Act 1996.
40. Section 29 deals with permission to enter the State. Subsections

(1) and (2) make provision for an immigration officer to, on
behalf of the Minister, grant or refuse to grant permission to a
foreign national to enter the State. By subsection (8), an entry
permission granted under subsection (1) is valid for 90 days.
Subsection (3) requires a protection applicant to be permitted
to enter the State except where that applicant is subject to an
exclusion order under section 132. By subsection (4), a person
who is subject to an exclusion order under section 132 is not
entitled to make a protection application without the consent
of the Minister. Subsection (5) requires an immigration officer
to give an entry permit to a foreign national to whom he or she
has granted an entry permission. By subsection (6), where the
foreign national is already the holder of a residence permit, the
immigration officer must note the fact and date of the
7
permission in the foreign national’s travel document. The
granting of an entry permission to a foreign national does not
entitle that person to be granted a residence permission
(subsection (7)).
41. Section 30 sets out provisions governing entry permits.
42. Section 31, based on section 4(3) of the Immigration Act 2004,
sets out the grounds on which an immigration officer can refuse
entry to the State and, by subsection (2), requires the officer to
give reasons in writing for any such refusal.
43. Section 32 deals with the situation where a person would be

refused an entry permission on health grounds, but those
grounds are such as to preclude both return on a passenger
vehicle and permission to move freely in the State. Subsection
(1) allows the person to be admitted to the State where a
detention order is made in respect of that foreign national
under section 38 (as amended by section 35 of the Health Act
1953) of the Health Act 1947. By subsection (2) that permission
is not reckonable as a period of residence for any other purpose.
By way of exception to the normal 90-day limit for an entry
permission, by subsection (3) the entry permission under this
section is not to be time-limited; instead, by subsection (4), it
expires on the termination of the detention. At that point, the
person is to be treated as a person refused an entry permission
and all of the provisions of the Act dealing with that situation
are to apply from then on. Subsection (5) is a notice provision.
44. Section 33 essentially restates section 2 of the Immigration Act

2003. It details the responsibilities of carriers in ensuring that
all foreign nationals on board the vehicle have valid passports,
enter the State at an approved port and present to
immigration officers.
45. Section 34 essentially restates section 3 of the Immigration Act

2003. It provides for the service of notice and payment of fixed
penalties for offences committed under section 33.
PART 5
RESIDENCE
46. Part 5 (sections 35 to 57) of the Bill deals with residence in

the State. It outlines processes for the granting, renewal, non-
renewal and revocation of residence permissions. It contains
provision whereby foreign nationals can obtain long-term a
residence permission with attendant rights in the State similar
in most respects to those of Irish citizens. It also contains
provisions dealing with non-return orders.
47. Section 35 deals with residence permission. Subsections (1) and

(2) clarify who is eligible to apply to the Minister for a residence
permission. Subsections (3) and (4) set out the process for
applying for a residence permission. By subsections (5) and (6),
the Minister may, having regard to section 141 and any
regulations made under that section, grant a residence
permission of such category, by reference to such different
circumstances and classes of foreign national and subject to
such conditions as the Minister considers appropriate. By
subsection (7), a residence permission is subject to the
provisions of the Act. Subsection (8) provides that a residence
8
permission does not, unless otherwise specified, entitle the
holder to enter (or re-enter) the State, or to present himself or
herself at a frontier of the State and seek permission to enter
it. By subsection (9), an application for a residence permission
in respect of a foreign national child born in the State, may be
made not later than 3 months after his or her birth.
48. Section 36 provides for the establishment and maintenance of a

register of foreign nationals to whom residence permissions
have been granted.
49. Section 37 makes provision for the holder of a residence

permission to apply for a residence permission of a different
category and sets out the application process for such an
application.
50. Section 38 deals with the factors which must be taken into
account in deciding whether a residence permission should be
granted.
51. Section 39 makes provision for renewal of a residence

permission. Subsection (1) allows the holder of a renewable
residence permission to apply for its renewal. Subsection (2)
sets out the application process. By subsection (3) the Minister
is not obliged to consider an application not made in accordance
with subsection (2)(a). By subsection (4), a renewable residence
permission becomes non-renewable if renewal has not been
sought before the expiry of 3 months after the date of expiry.
An exception to this arises where the absence of such an
application was the result of either a genuine error, oversight
or misunderstanding on the part of the foreign national
concerned, or exceptional circumstances relating to the foreign
national and under which, through no fault of the foreign
national, his or her application could not have been made
within that period. Subsection (5) empowers the Minister to
require additional information for the purposes of determining
whether a residence permission will be renewed. Subsection (6)
provides for renewal of the residence permission, unless section
40 applies.
52. Section 40 sets out the circumstances where the Minister can
refuse to renew a renewable residence permission and the
process for such non-renewal. Subsection (1) allows for non-
renewal where the applicant does not continue to satisfy the
stated purpose of his or her residence in the State and any
conditions of his or her residence permission, where there are
grounds for the revocation of that permission or where the
circumstances existing at the time the permission was granted
have changed such that, had the changed circumstances existed
at that time, the permission would not have been granted.
Subsections (2) and (3) provide for a notification process.
Subsections (4) and (5) provide clarity as regards when the
decision not to renew takes effect. Subsections (6) and (7)
provide clarity as to the immigration status of the person
comprehended by the section.
53. Section 41 provides for modification of conditions of a residence

permission. Subsection (1) allows for modification of conditions
of a residence permission either on application by the holder of
that permission or on the initiative of the Minister. Subsection
(2) clarifies that the modified residence permission can be valid
for the unexpired period of the original permission or, if the
Minister wishes to change that, such period as he or she
9
determines when modifying the permission. Subsection (3)
allows for continuance of a residence permission that has
expired during the process under section 42 or 43 subject to any
modification made by the Minister.
54. Section 42 makes provision for an application for modification

of the conditions of a residence permission by the holder of that
permission. Subsection (1) and (2) provide for the application
process and also sets out the circumstances where an
application cannot be made. Subsection (3) allows the Minister
to require additional information from the applicant. Subsection
(4) is the power for the Minister to make appropriate
modifications. Subsection (5) contains a notification
requirement.
55. Section 43 makes provision for modification of the conditions

of a residence permission on the initiative of the Minister.
Subsections (1) and (2) set out the requirement on the Minister
to notify the foreign national of his or her intention to modify
the conditions of the permission including the possibility of
making representations as to why the proposed modification
should not proceed. Subsections (3), (4) and (5) provide clarity
as to when a decision to modify the conditions has effect.
56. Section 44 sets out provisions governing residence permits.
57. Section 45 sets out provisions governing replacement of

residence permits that have been lost, destroyed, damaged or
are otherwise illegible.
58. Section 46 contains provision for the issue of a long-term

residence permission to a foreign national. By subsection (1) a
foreign national seeking a long-term residence permission must
meet the standard eligibility requirements (set out in subsection
(4)) or any more favourable requirement that may be set out in
regulations. Subsection (2) sets out the application process for
a long-term residence permission. A long-term residence
permission will be valid for a period of 5 years and will be
renewable on conditions (subsection (3)). Subsection (5) sets out
the periods of residence which are not reckonable for the
purposes of qualifying for long-term residence. By subsection
(6), the Minister can refuse to grant a long-term residence
permission where he or she is of the opinion that the foreign
national’s presence in the State would be a risk to national
security, public security, public health or contrary to public
policy (‘‘ordre public’’). Subsection (7) sets out the entitlements
attaching to a long-term residence permission. The holder of a
long-term residence permission will be issued with a long-term
residence permit (subsection (8)). By subsection (9), the
Minister must secure the prior approval of both Houses of the
Oireachtas to any regulations setting out more favourable
conditions attaching to long-term residence permission.
Subsection (10) defines ‘‘dependants’’ and ‘‘qualifying
dependants’’ for the purposes of the section.
59. Section 47 sets out an application process for renewal of long-

term residence permission. Subsection (1) allows the holder of
a long-term residence permission to apply for its renewal.
Subsections (2) and (3) set out the application process. By
subsection (4) the Minister is not obliged to consider an
application not made in accordance with subsection (2)(a).
10
60. Section 48 sets out the circumstances in which the Minister can
refuse to renew a long-term residence permission. Such refusal
can only take place where there are grounds for revocation and
the procedures at sections 51 and 52 are engaged.
61. Section 49 provides for the revocation of an entry permission, a

residence permission (subsection (1)) and a long-term residence
permission (subsection (2)).
62. Section 50 sets out the procedure for revocation of an entry

permission or a non-renewable residence permission.
Subsection (1) contains the requirement to notify the foreign
national, where necessary and practicable in a language that he
or she understands, of the revocation. Subsection (2) sets out
what a notification under subsection (1) should contain,
including a statement of the reasons for the revocation, and the
possibility to make a review application. Subsections (3) and (4)
set out when a revocation will take effect. Subsection (5) deals
with the lawfulness of the presence in the State of the foreign
national until the review has been determined and notified.
63. Section 51 makes provision for a proposal by the Minister to

revoke a renewable residence permission or a long-term
residence permission. The framework is consistent with other
similar provisions in the Bill insofar as it provides for
notification of the proposal (subsection (1)), the opportunity to
make representations (subsection (2)(c)), clarifies when the
decision to revoke comes into effect (subsections (3) and (5)),
clarifies the immigration status of the holder pending the
coming into effect of the proposal (subsection (6)).
64. Section 52 makes provision for consideration of representations

in respect of a proposal under section 51. Subsections (2) and
(5) set out the arrangements for making representations.
Subsections (3) and (4) set out the matters to which the Minister
must have regard in determining whether to revoke a renewable
residence permission (subsection (3)) or a long-term residence
permission (subsection (4)). Subsection (6) requires the Minister
to arrive at a determination and to notify the foreign national
of that determination. Subsection (7) specifies what should be
in the notification.
65. Section 53 sets out a review process. Subsection (1) defines the
decisions comprehended by the process, namely a refusal to
renew a residence permission under section 40 and a revocation
of an entry permission or a non-renewable residence permission
under sections 49 and 50. Subsection (2) sets out the entitlement
of a foreign national to seek a review. Subsections (3) and (4)
set out the application process and the requirement on the
Minister to arrange for the review. By subsection (5) a review
officer will deal with the review. That officer will not be the
person who made the initial decision and will be of an
equivalent or higher grade than that person. By subsections (6)
and (7) the review officer can make enquiries and must, in
determining the review, have regard to all relevant information
whether or not provided by the applicant.
66. Section 54 empowers a review officer to confirm or set aside a

visa refusal or revocation. A confirmation can be on the same
grounds or other grounds as the initial refusal or revocation
(subsection (2)). Subsections (3) and (4) are notice
requirements. Where the refusal to renew is set aside, the
residence permission will be renewable (subsection (5)). Where
11
the revocation is set aside, the permission will not be revoked
(subsection (6)).
67. Section 55 enables the Minister to make a non-return order in

certain circumstances. A non-return order is an order requiring
a foreign national who has left the State (including having been
removed from the State) in consequence of the non-renewal,
revocation or expiry, as the case may be, of a permission to
remain outside the State for such period as is specified in the
non-return order.
68. Section 56 deals with the powers of immigration officers to act

on the Minister’s behalf in dealing with applications for
residence permissions. By subsection (1), the exercise of these
functions on the Minister’s behalf, must be in compliance with
the Act, any regulations made under it and any directions the
Minister may give under section 143. Subsection (2) allows the
Minister, by regulation, to prescribe categories of residence
permissions or a class or classes of foreign national in respect
of which, or in respect of whom, subsection (1), or any part of
that subsection, will not apply.
69. Section 57 is a regulation-making power whereby the Minister

can prescribe procedures and forms for any application
provided for under this Part, and the circumstances where
applications required under this Part to be made at a specified
immigration area office, may be made otherwise than in
accordance with that requirement, and the places and
procedures for making such applications.
PART 6
REMOVAL FROM THE STATE
70. Part 6 (sections 58 to 66) of the Bill contains provisions dealing

with removal of a foreign national from the State. Removal will
only arise where the foreign national concerned, being
unlawfully present in the State, has failed to comply with his or
her obligation under section 6 to leave.
71. Section 58 contains a statement, at subsection (1), of the rule

against refoulement (the definition of which is set out in section
2). Subsection (2), which preserves the operation of the
Extradition Acts and the European Arrest Warrant Act 2003,
is based on section 25 of the Refugee Act 1996.
72. Section 59 provides for the removal from the State, by an

immigration officer or a member of the Garda Síochána, of a
foreign national unlawfully present in the State or at a frontier
of the State. It is based on section 5(5), (8) and (12) of the
Immigration Act 2003. It requires the person being removed
(subsection (3)) or his or her parent, guardian or person having
responsibility for him or her (subsection (5)) to co-operate in
any way necessary to facilitate the removal. A person removed
under this section is ineligible for permission to enter the State
for 6 months from the date of removal (subsection (8)) but this
period may be disregarded in certain circumstances
(subsection (9)).
73. Section 60, which is based on provisions in section 5 of the

Immigration Act 1999 and section 5 of the Immigration Act
2003, provides for the arrest and detention of a foreign national
12
for the purposes of removing him or her from the State. By
subsection (5), the foreign national may be detained only until
such time as he or she is removed from the State. By subsections
(8) and (9), where the foreign national is a party to any
proceedings, the High Court may order his or her release from
detention if satisfied that those proceedings require his or her
continued presence in the State and may make such release
subject to conditions.
74. Section 61 provides for an alternative to detention under section

60; namely, a requirement to comply with a written direction
given by an immigration officer or a member of the Garda
Síochána including a direction to reside or remain in a
specified place.

and allows for conditions to be imposed on foreign nationals
unlawfully present in the State where the immigration officer
or member of the Garda Síochána considers that arrest, or
arrest and detention, of the foreign national is not warranted.
The section is without prejudice to the power to arrest, or arrest
and detain, in sections 60 and 61.
76. Section 63 contains supplementary provisions to sections 60, 61

and 62.
77. Section 64 is based on section 5(4) of the Immigration Act 1999

and section 5(2)(b) of the Immigration Act 2004, and provides
that the detention provisions of section 60 do not apply to a
foreign national who is under 18 years of age. However, by
subsection (4) such a foreign national may be required to
comply with the conditions set out in section 61 or 62 and failure
to so comply may result in arrest and detention under section
60 (subsection (5)).
78. Section 65, which is based on provisions in section 5 of the

Immigration Act 1999 and section 5 of the Immigration Act
2003, provides for the responsibilities of carriers in relation to
removal of persons from the State. An immigration officer or a
member of the Garda Síochána may place a detained foreign
national on a ship, aircraft or other vehicle that is about to leave
the State (subsection (1)). The person in charge of the ship,
aircraft or other vehicle shall, if so directed within a reasonable
time before departure (subsection (3)), must receive such a
foreign national on board (subsection (2)). By subsection (7),
the Minister will reimburse the reasonable expenses (which by
subsection (8) may be prescribed) incurred by the carrier in
complying with subsections (1) and (2). Where a detained
foreign national arrived in the State by means of a ship, aircraft
or other vehicle the person in charge of the ship, aircraft or
other vehicle must, if so directed, remove the foreign national
without delay from the State (subsection (4)) or arrange for his
or her removal by another carrier (subsection (5)). A carrier
who fails to comply with a direction under subsection (4) or (5)
commits an offence (subsection (10)). By subsection (6) the
officer or member may make alternative arrangements where
the carrier fails to comply with a direction under subsection (4)
or (5) and the costs of such arrangements will be recoverable
from the carrier concerned (subsection (9)).
79. Section 66 provides that the Minister may require a foreign

national removed from the State to pay the reasonable expenses
incurred by virtue of his or her detention, removal and
13
maintenance for the purposes of that removal, subject to
maximum amounts which may be prescribed.
PART 7
PROTECTION
80. Part 7 (sections 67 to 120) of the Bill contains provisions relating

to the meaning, content, procedures and eligibility criteria
relating to the giving of protection to a foreign national in the
State. It integrates many of the provisions of the Refugee Act
1996 and the European Communities (Eligibility for Protection)
Regulations 2006, with appropriate modifications to take
account of the introduction of a unified process for the
determination of protection applications (‘‘single procedure’’).
It also effects the transposition into Irish domestic law of the
Procedures Directive. In addition, it contains provisions dealing
with programme refugees, temporary protection, travel
documents and family members of protected persons.
Chapter 1 (sections 67 to 74)
General
81. Section 67 is an interpretation section.
82. Section 68 restricts the application of the Freedom of

Information Acts 1997 to 2003 in relation to records relating to
the determination of a protection application.
83. Section 69 provides that a person who is either a refugee or a

person eligible for subsidiary protection is entitled to protection
in the State (subsection (1)). For the purposes of the unified
process for the determination of protection applications,
subsection (2) deems an application for any form of protection
to be an application for refugee status. By subsection (3), a
protection applicant is presumed not to be in need of protection
in the State if his or her country of origin has been designated
as a safe country of origin under section 117, and he or she has
not shown any reasonable grounds for considering that,
notwithstanding that designation, he or she, in his or her
particular circumstances, is entitled to protection in the State,
or he or she had lodged a prior protection application in
another state party to the Geneva Convention and he or she
has not shown reasonable grounds for the contention that he or
she is entitled to protection in the State.
84. Section 70 outlines the nature and source of the information

which must be taken into account in the course of an
investigation into a protection application. It is based on
Regulations 5, 6 and 7 of the European Communities
(Eligibility for Protection) Regulations 2006.
85. Section 71 is based on Regulation 9 of the European

Communities (Eligibility for Protection) Regulations 2006 and
outlines what may constitute persecution for the purpose of
assessing whether a person is a refugee.
86. Section 72 is based on Regulation 10 of the European

Communities (Eligibility for Protection) Regulations 2006 and
14
outlines some of the factors which will be taken into account in
assessing whether persecution exists.
87. Section 73 is based on section 2 of the Refugee Act 1996 and

Regulations 12 and 13 of the European Communities
(Eligibility for Protection) Regulations 2006 and sets out the
circumstances in which an applicant for protection will be
excluded from receiving protection in the State.
88. Section 74, based on provisions at section 21 of the Refugee Act

1996 and Regulations 11 and 14 of the European Communities
(Eligibility for Protection) Regulations 2006, provides for the
circumstances in which a person ceases to be a refugee or a
person eligible for subsidiary protection in the State.
89. Section 75 makes provision for the granting (subsection (1)) of

a protection application entry permission to a protection
applicant which allows the person concerned to be lawfully
present in the State for the purpose of having his or her
protection application investigated (subsection (2)). Subsections
(3) and (4) set out the conditions attaching to a protection
application entry permission and its validity. Subsections (5) and
(6) set out the obligations of the holder of the permission. By
subsection (9), the holder of a protection application entry
permission must be granted a protection application entry
permit.
90. Section 76 provides for the establishment and maintenance of a

register of protection applicants to whom protection application
entry permissions have been granted.
91. Section 77 contains provisions governing protection application

entry permits.
92. Section 78 contains provisions governing the granting of a

protection application entry permit at the frontier. Where it is
not possible to issue a protection application entry permit to
the foreign national concerned, the immigration officer will
require him or her to reside in a specified place until the permit
can be issued as a matter of priority.
93. Section 79 contains provisions allowing for the arrest and

detention of protection applicants and for court oversight of
such detention. It is based on section 9(8), (9), (10), (11), (12),
(13), (14) and section 10 of the Refugee Act 1996. The only
substantive change from existing law is the addition of two
further grounds for detention at subsection (1)(g) and (h),
relating to whether the immigration officer or member of the
Garda Síochána has reasonable grounds for suspecting that the
protection application has been made to delay removal from
the State, either where removal is imminent or where the
application is one made following the failure of an earlier claim.
94. Section 80 makes provision for priority to be given to

applications from protection applicants who have been
detained. It is based on section 10(4) of the Refugee Act 1996.
15
Protection application procedure
95. Section 81 outlines the procedure for a foreign national,

whether lawfully or unlawfully in the State, to make an
application for protection to the Minister. The section is based
on sections 8 and 11(8) of the Refugee Act 1996 and Articles 6
and 10 of the Procedures Directive.
96. Section 82 makes provision for deeming certain protection

applications inadmissible and gives effect to Articles 25 and 26
of the Procedures Directive. Subsection (1) sets out the
circumstances on foot of which a protection application can be
determined to be inadmissible. By subsection (3), when an
application is determined to be inadmissible, any investigation
will be terminated and a report will be prepared which will,
amongst other things, set out the reasons for that determination
and will state that the protection applicant is not entitled to
protection in the State. The protection applicant is unlawfully
present in the State and may be removed from the State in
accordance with the provisions of the Act.
97. Section 83 sets out the process whereby the Minister will
investigate protection applications. It is based on section 11(1)
to (5) and (12) of the Refugee Act 1996. It also takes account
of Articles 12 and 13 of the Procedures Directive.
98. Section 84, based on section 11A of the Refugee Act 1996,
provides that the burden of proof for establishing a credible
claim for protection is primarily on the person asserting the fear
of persecution or serious harm, namely the protection applicant.
This section also provides at subsections (2) and (3) for an
obligation on the Minister and the Protection Review Tribunal
to assess the relevant elements of the claim in co-operation with
the applicant.
99. Section 85, based on section 11B of the Refugee Act 1996
(modified to reflect the single procedure), outlines the factors
that are relevant in relation to the credibility of a protection
applicant.
100. Section 86, based on section 11C of the Refugee Act 1996,
places a duty on applicants, and all persons on whose behalf a
protection application is made, to cooperate with the
requirements and procedures set by the Minister, including
furnishing the Minister or the Tribunal with relevant
information as to their identity and their reasons for applying
for protection in the State.
101. Section 87, based on section 19(1) to (4) of the Refugee Act
1996, makes provision for the protection of the identity of
applicants for protection.
102. Section 88 deals with the first instance determination and

provides for the preparation of the report of the investigation
into the protection application conducted by the Minister.
Subsections (1) and (2) are based on section 13(1) of the
Refugee Act and Article 14 of the Procedures Directive.
Subsection (3) sets out the possible outcomes of the
investigation. Subsection (4) is based on section 13(6) of the
Refugee Act 1996. Subsections (5) and (6) are based on Article
23(2) of the Procedures Directive.
16
103. Section 89 deals with the Minister’s discretion to grant a
residence permission where protection is not being granted.
104. Section 90 provides a mechanism for a protection application to

be withdrawn or to be deemed withdrawn from the protection
application investigation process. It is based on sections 11(9)
to 11(11) and 13(4) of the Refugee Act 1996 and Articles 19
and 20 of the Procedures Directive.
105. Section 91, based on provisions in section 13 of the Refugee Act

1996 and Article 14 of the Procedures Directive, provides that
the Minister must notify a protection applicant of the Minister’s
determination of the protection application and the reasons for
that determination. The notification must also inform the
applicant of the procedures in relation to an appeal to the
Protection Review Tribunal against the Minister’s
determination.
106. Section 92, based on section 16(1), (3), (4) (5) and (18) of the
Refugee Act 1996, provides that a protection applicant may
appeal to the Protection Review Tribunal against a
determination of the Minister that he or she is not a refugee or
is not a person eligible for subsidiary protection.
107. Section 93, based section 16(2A), (2B) and (9) of the Refugee
Act 1996, sets out the process for oral hearings under the Act.
108. Section 94 requires the Minister to provide the Tribunal with

copies of documents and information relevant to the first
instance determination. Subsection (2) sets out the
circumstances where certain information can be withheld.
Subsections (3) and (4) are based on section 16(6) and (7) of
the Refugee Act 1996.
109. Section 95, based on section 16(2A), (2B) and (9) of the
Refugee Act 1996, deals with the withdrawal or deemed
withdrawal of an appeal.
110. Section 96, based on section 16(2), (16), (16A) and (17) of the
Refugee Act 1996, provides for the matters and material to be
considered by the Protection Review Tribunal before deciding
an appeal and the possible outcomes of an appeal.
111. Section 97, based on section 17(7) of the Refugee Act 1996 and
Articles 32 and 34 of the Procedures Directive, makes provision
for further applications for protection in the State.
112. Section 98 makes provision for the Minister or, as the case may
be, the Tribunal to obtain a report in relation to the health of
a protection applicant.
113. Section 99 makes provision for expedited investigation of

certain classes of protection applications where the Minister
considers it appropriate to do so.
114. Section 100, based on section 15 of the Refugee Act 1996 and
paragraphs (9) and (10) of the Second Schedule to that Act,
17
provides for the establishment of the Protection Review
Tribunal, whose functions are set out later in the Bill.
115. Section 101 is based on paragraphs (1) to (8) of the Second

Schedule to the Refugee Act 1996 and deals with membership
of the Tribunal.
116. Section 102, based on paragraphs (12) to (20) of the Second

Schedule to the Refugee Act 1996, provides for the functions
and powers of the chairperson. Subsections (8) and (9) enable
the chairperson to deal with decisions of members of the
Tribunal that he or she considers to contain an error of law
or fact.
117. Section 103 sets out the role of a member of the Tribunal. The
principal element is to determine appeals under section 84 of
the Act. Subsection (3) sets out the obligations of the Member
in carrying out his or her role.
118. Section 104 makes provision for the designation of a member

of the Staff of the Tribunal to be the Registrar of the Tribunal.
119. Section 105 sets out the functions of the Registrar which
include, in consultation with the chairperson, management and
control generally of the staff and administration of the Tribunal,
and performance of such other functions as may be conferred
on him or her by the chairperson and the assignment to each
member of the appeals to be determined by him or her.
120. Section 106 makes provision for the establishment of an

Advisory Committee comprising (subsection (1)) the
chairperson, and such other members of the Tribunal, not
exceeding 5, as the Minister considers appropriate having
regard to subsection (3). By subsection (7), the main function of
the Advisory Committee is to give such advice and make such
recommendations to the chairperson on any matter relating to
the functions of the chairperson as it thinks fit, and to give
advice and make recommendations to the chairperson on any
such matter as the chairperson may request.
121. Section 107, based on section 19(4A) and (5) of the Refugee
Act 1996, makes provision for the publication of decisions of
the Tribunal.
122. Section 108, based on section 12 of the Refugee Act 1996,

provides that the Minister may give a direction to the Tribunal
to accord priority to certain appeals.
Protection declarations and permits
123. Section 109, based on provisions at section 17 of the Refugee

Act 1996 and Regulation 17 of the European Communities
(Eligibility for Protection) Regulations 2006, makes provision
for the granting of (subsection (1)), or refusal to grant
(subsection (2) and (7)), a protection declaration. By subsection
(3), a protection declaration remains in force until it is
established that the person is no longer entitled to protection
in the State. Subsections (4) and (5) set out the entitlements of
a person to whom a protection declaration is granted.
Subsections (9) and (10) make provision for notification to the
18
applicant and the UNHCR of the granting or, as the case may
be, the refusal to grant a protection declaration.
124. Section 110 sets out provisions governing protection permissions

and permits. Subsection (1) provides for the granting of a
protection permission to a person to whom a protection
declaration has been granted. By subsection (2) the period of
validity of a protection permission is 3 years and it is renewable
unless compelling reasons of national security or public policy
(‘‘ordre public’’) otherwise require. A protection permit must
be granted to a person who has been granted a protection
permission (subsection (7)). By subsection (8), a protection
permission renewed is valid for a specified period of not less
than 3 years.
125. Section 111 sets out the circumstances in which a protection

declaration can be revoked. It is based on section 21 of the
Refugee Act 1996 and Regulations 11 and 14 of the European
Communities (Eligibility for Protection) Regulations 2006.
126. Section 112 outlines the procedure which must be followed

where the Minister proposes to revoke a protection declaration.
The section has regard to section 3(4) and (6) of the
Immigration Act 1999, section 21 of the Refugee Act 1996 and
Regulations 11 and 14 of the European Communities
(Eligibility for Protection) Regulations 2006 with suitable
modifications.
127. Section 113 deals with programme refugees and is based on

section 24 of the Refugee Act 1996.
128. Section 114 provides for a scheme of temporary protection in

accordance with Council Directive 2001/55/EC4 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 EU Member States in receiving such
persons and bearing the consequences thereof.
129. Section 115 provides for the issue of a travel document to

protected persons and their family members. The section is
based on section 4 of the Refugee Act 1996 and Regulation 18
of the European Communities (Eligibility for Protection)
Regulations 2006.
130. Section 116 sets out the circumstances under which the Minister
may grant permission to family members of the holder of a
protection declaration to enter and reside in the State. It places
an obligation on the sponsor and the family member concerned
to co-operate with the Minister in the investigation of the
application for that permission (subsection (3)). It also sets out
the entitlements of family members granted such permission
(subsection (4)). The section is based on section 18 of the
Refugee Act 1996 and Regulation 16 of the European
Communities (Eligibility for Protection) Regulations 2006.
Safe Countries
131. Sections 117, 118, 119 and 120 based sections 12(4) and (22) of
the Refugee Act 1996 and, consistent with Articles 27, 30 and
4
OJ L 212 of 7 August 2001
19
31 of the Procedures Directive, provides for the designation of
safe countries of origin (section 116), the designation of safe
third countries (section 117) and for the transfer of protection
applications (sections 118 and 119) to safe third countries and
to Council Regulation countries under the ‘‘Dublin II’’
Regulation5.
PART 8
FURTHER PROVISIONS
132. Part 8 (sections 121 to 147) of the Bill contains miscellaneous

provisions.
133. Section 121, based on section 20 of the Refugee Act 1996,

provides for certain offences pertaining to the making of
statements or provision of documents which the person knows,
or ought to know, to be false or misleading and the destruction,
concealment, forgery, fraudulent alteration, sale supply or
facilitation of unlawful use of documents, including identity
documents.

and makes provision for the exchange of information relating
to the operation and administration of the law about the entry
into, presence in and removal from the State of foreign
nationals.
135. Section 123 provides for the exchange of information (including

biometric information) about a foreign national with other
states and the making of arrangements with other states for
those purposes.
136. Section 124, taking account of section 9A of the Refugee Act

1996, sets out the obligations of foreign nationals to provide
biometric data to an authorised person (defined at subsection
(11)). ‘‘Biometric information’’ is defined at section 2.
Subsection (1) allows an authorised person, who can be a person
mentioned in subsection (11), to require a foreign national to
furnish biometric information for the purposes listed in
paragraphs (a) to (f). Subsection (10) creates an offence for
failure to provide that information. Subsections (2) and (3)
contain safeguards in relation to provision of biometric
information by persons under the age of 14 years. Subsection
(4) sets out the consequences where a foreign national either
does not provide biometric information or provides it in a way
that it is false or misleading. Subsection (5) allows the Minister
to store biometric information provided and subsections (7) and
(8) make provision for retention and destruction of biometric
information. By subsection (9) biometric information provided
under any other provision of the Bill is deemed to be biometric
information provided under subsection (1). Subsection (11)
contains definitions.
137. Section 125 essentially restates section 11 of the Immigration

Act 2004 relating to the production of travel documentation by
a foreign national on request.
5
Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria
and mechanisms for determining the Member State responsible for examining an
asylum application lodged in one of the Member States by a third country national.
OJ L50 of 25 February 2003
20
138. Section 126 requires a person embarking from the State to
provide documents and information to an immigration officer
and to comply with instructions from such an officer. Failure to
do so is an offence (subsection (3)). Subsection (2) clarifies that
biometric information furnished is only for the purposes of
enabling an immigration officer to verify that a travel document
presented by the person concerned relates to him or her and,
in the case of a foreign national, comparison with any biometric
information contained in the Register of Foreign Nationals or
the Register of Protection Applicants; retention, storage or
comparison of that information is not allowed.
139. Section 127 sets out the obligations on carriers in relation to the
provision of information in relation to persons embarking from
the State and the uses to which that data can be put. Subsection
(1) sets out, at paragraph (a), the purposes for which the
information will be collected. Paragraph (b) sets out the
timeframe for transmission of the information and paragraph
(c) sets out the arrangements that will apply where paragraph
(b) cannot be complied with. Subsection (2) sets out the
information that is to be transmitted. Paragraph (b) allows for
more detailed information to be prescribed. Subsection (3) sets
out the obligation of the carrier to comply with the requirement
to transmit the information and creates an offence for failing to
do so. A defence to the offence is provided for at subsection
(5). Subsection (4) allows a requirement for transmission to be
imposed in relation to a single journey, a series of journeys or
all journeys to a from a specified destination. Subsection (6)
makes provision for the sharing of the information transmitted.
Subsection (7) requires a carrier to delete the information
within 24 hours of transmission and creates an offence for
failure to do so. By subsection (8) the Minister is required to
delete advance passenger information within 24 hours except
where it relates to a person of concern or a foreign national; in
which case it will be stored in a database for processing under
subsection (9). Subsection (9)(b) sets out the rules for
destruction of the information. Separate regimes will apply to
persons of concern and foreign nationals generally: Subsection
(10) makes provision for an authorised officer to provide
information from the database to a person, body or agency
referred to in subsection (6) on foot of a written request where
the provision of that information is necessary for a purpose that
is appropriate to that person, body or agency.

and imposes an obligation on persons engaged in passenger
transport, the provision of lodging or sleeping accommodation
on a commercial basis, the provision of education or certain
prescribed businesses to display a statutory notice stating the
effect of this Act and any directions given under it.

and sets out the duty of the manager or proprietor of certain
premises, including a hotel or educational establishment, to
keep a register of all foreign nationals enrolled in, attending at
or staying in the premises and to produce such a register when
required to do so by an immigration officer.
142. Section 130, based on section (3) of the Immigration Act 2004,
deals with the appointment of immigration officers for the
purposes of the Act.
21
143. Section 131 provides for the powers that may be exercised by
an immigration officer for the purpose of performing any of his
or her functions under the Act and is based on section 15 of the
Immigration Act 2004.

and enables the Minister, by order, to exclude a foreign national
from the State.
145. Section 133 is based on section 5 of the Illegal Immigrants

(Trafficking) Act 2000 and deals with judicial review for the
purposes of the Act. Subsection (1) lists the acts, decisions or
determinations that may be challenged under the section. By
subsection (2) an application for judicial review must be made
within 14 days of the impugned decision. This period may be
extended where the High Court is satisfied that substantial
grounds exist for doing so. Subsection (3) sets out the
circumstances where the High Court may not extend the period.
By subsection (7) the High Court may award costs against a
legal representative of an applicant who has initiated judicial
review proceedings which, in the opinion of the Court, were
based on frivolous or vexatious grounds. An application for
leave to apply for judicial review will not of itself (subsection
(8)) suspend or prevent the transfer, or removal of a foreign
national from the State unless the Court considers it necessary
for that foreign national to be in the State in order to give
instructions to his or her legal representative. Subsection (9)
operates to prevent a foreign national, following the rejection
of his or her protection application, from challenging his or her
removal solely on the basis of information that could reasonably
have been available to the person but was not available to the
Minister or the Tribunal before the rejection of the application.
146. Section 134 sets out a range of penalties to apply to the offences
provided for in the Act.
147. Section 135 makes provision for penalties in the case of a

body corporate.

and provides for matters pertaining to the service of notices for
the purposes of the Act.
149. Section 137 based on sections 8 and 9 of the Aliens Act 1935,
provides for restrictions applicable to certain foreign nationals
in relation to change of name.
150. Section 138 makes provision in relation to marriages of

convenience. Subsection (1) allows the Minister, in making his
or her determination of any immigration matter (defined at
subsection (7)), to disregard a particular marriage as a factor
bearing on that determination where he or she deems or
determines that marriage to be a marriage of convenience.
Subsection (2) imposes a requirement on the Minister to notify
the parties concerned where he or she has reasonable grounds
for considering that the marriage is a marriage of convenience,
and to afford them an opportunity to satisfy the Minister that
the marriage is not a marriage of convenience. Subsection (3)
places the onus on the person concerned to establish, to the
satisfaction of the Minister, that the marriage is not a marriage
of convenience and, where that onus is not discharged, the
Minister may, for the purpose of his or her determination of
the relevant immigration matter, deem the marriage to be a
22
marriage of convenience. Subsection (4) provides that the fact
that a marriage has been considered in the context of a previous
immigration matter does not prevent it being opened to scrutiny
again. Subsection (5) sets out the matters to which the Minister
must have regard in determining whether a marriage referred
is a marriage of convenience. Subsection (6) allows the Minister
to prescribe procedures and forms for the purposes of this
section.
151. Section 139 makes provision for certain immigration-related

matters concerning the treatment of foreign nationals who are
reasonably believed to be victims of trafficking. By subsection
(1), a foreign national may be granted a recovery and reflection
period (defined at subsection (11) as being a period of 60 days)
during which the person can remain in the State. The purpose
of a recovery and reflection period is to enable the foreign
national to recover and escape the influence of the alleged
perpetrators of the trafficking so that he or she can take an
informed decision as to whether to assist the Garda Síochána
or other relevant authorities in relation to any investigation or
prosecution arising in relation to the alleged trafficking. By
subsection (2), a recovery and reflection period can be
terminated where the Minister is satisfied: that the foreign
national has renewed contact with the alleged perpetrators of
the trafficking; that it is in the interest of national security or
public policy (‘‘ordre public’’) to do so; or where the victim
status was improperly claimed. By subsection (3) a foreign
national will not be removed from the State for so long as the
recovery and reflection period relating to him or her remains in
force. Subsection (5) makes provision for a temporary residence
permission (which, by subsection (6), is renewable) to be
granted to the foreign national where it is necessary to allow
him or her to continue to assist the Garda Síochána or other
relevant authorities in relation to any investigation or
prosecution arising in relation to the alleged trafficking.
Subsections (8) and (9) make provision for revocation of a
temporary residence permission granted under subsection (5).
By subsection (10), the Minister may by regulations make
special provision for foreign nationals or classes of foreign
national under the age of 18 years.
152. Section 140 requires the Minister to make regulations

prescribing the treatment of foreign nationals who are arrested
and detained under section 6, Part 6 or Part 7 and sets out the
matters that may be comprehended by such regulations.
153. Section 141 is a regulation-making power whereby the Minister

can make regulations for the purposes of ensuring the orderly
regulation of migration, the integrity of the immigration system,
the maintenance of public security, public order or public policy
(‘‘ordre public’’).
154. Section 142 allows the Minister, with the consent of the Minister
for Finance, to prescribe fees for the different processes under
the Bill and sets out the matters by reference to which fees may
be prescribed.
155. Section 143 allows the Minister to give directions to immigration

officers in relation to the matters set out in the section.
156. Section 144 deals with public security matters. By subsection (1),
the Minister’s opinion that it is necessary, on grounds of
national security, public security, public order or public policy
23
(‘‘ordre public’’), to either refuse an entry permission or to
attach conditions on such permission, is evidence in any
proceedings that the foreign national concerned is or would be
a threat to national security, public security or public order or
would be contrary to public policy (‘‘ordre public’’) or, as the
case may be, that such conditions are necessary on that basis.
By subsection (2) the Minister is not obliged to disclose the
source of information upon which he or she formed the opinion
referred to in subsection (1). By subsections (3) and (4) the
Minister is enabled to withhold sensitive or confidential
information.
157. Section 145 deals with bonds, deposits and guarantees.

Subsection (1) applies the section to cases where a foreign
national is required to provide a deposit or enter into a bond
under a relevant provision. Subsection (2) allows the Minister,
an immigration officer or a member of the Garda Síochána, in
accordance with a relevant provision, to fix the amount of a
deposit or bond. In doing so, they must have regard to any
criteria specified in regulations under subsection (12).
Subsection (3) requires the Minister, immigration officer or
member of the Garda Síochána to be satisfied as to the
sufficiency and suitability of the person before he or she can act
as a guarantor. Subsection (4) sets out the requirements for a
person to act as a guarantor. Subsection (5) envisages a
guarantor being a person other than a natural person; for
example, a company. Subsection (6) is a notification
requirement on the Minister. Subsection (7) sets out the periods
for which a deposit is not be refundable, and a bond is to remain
in effect. Subsection (8) outlines the procedure where the
Minister intends to secure the forfeit of a deposit or to enforce
a bond or guarantee. Subsection (9) obliges the Minister to
refund a deposit, or release a bond, at the end of the period
referred to in subsection (7) if satisfied that the foreign national
to whom the deposit or bond relates has not failed to comply
with any condition. By paragraph (b), the Minister cannot
secure the forfeit of a deposit or enforce a bond or guarantee
before the end of that period. Subsection (10) allows the
Minister to waive all or any part of a sum to be forfeited or
paid under this section or refund all or any part of a sum so
forfeited or paid. Subsection (11) makes provision for a foreign
national to apply for the refund of a deposit in accordance with
the prescribed procedures. Subsection (12) is a regulation-
making power. Subsection (13) deals with disposal of a deposit
forfeited under this section.
158. Section 146 makes provision for publication of statistical

information.
159. Section 147 makes provision for amendments to various

enactments.
PART 9
SMUGGLING OF PERSONS
160. Part 9 (sections 148 to 157) implements EU council directive

2002/90/EC defining the facilitation of unauthorised entry,
transit and residence, EU Framework Decision 2002/946/JHA
on the strengthening of the penal framework to prevent the
facilitation of unauthorised entry, transit and residence and the
Protocol against the smuggling of migrants by land, sea and air
24
supplementing the UN Convention against Transnational
Organised Crime.
161. Section 148 is the interpretation section.
162. Section 149 provides for offences of knowingly facilitating the

unlawful entry into or unlawful presence in the State or a
designated state (defined in section 148) of another person
(subsections (1) and (2)). Subsection (5) sets out penalties for
these offences. Subsection (3) provides for a defence for
persons, who in the course of their employment for a bona fide
organisation, assist persons in unlawful entry or residence for
the purposes of seeking protection. Such assistance must not be
carried out for gain and the bona fide organisation in question
must be an organisation whose purpose is to provide assistance
without charge to persons seeking protection.
163. Section 150 provides that proceedings for smuggling offences

committed outside the State, which may only be taken by or
with the consent of the Director of Public Prosecutions, may be
taken in any place in the State and enables persons charged
with these offences to be tried anywhere in the State.
164. Section 151 makes provision for evidence in proceedings.
165. Section 152 provides that a person who has been acquitted or
convicted outside the State of an offence shall not be proceeded
against for an offence under this Act consisting of the act or
acts that constituted the offence of which that person was so
acquitted or convicted.
166. Sections 153, 154 and 155 are based on provisions of sections 35
and 36 as well as the First Schedule of the Criminal Justice Act
1994 and the Criminal Justice (Illicit Trafficking by Sea) Act
2003. The Sections are intended to give effect to the Protocol
Against the Smuggling of Migrants by Land, Sea and Air
supplementing the UN Convention against Transnational
Organised Crime. Article 8 requires states to provide for
appropriate measures, including boarding and searching a
vessel, registered in a state party to the Protocol.
167. Section 153 details the circumstances under which enforcement

officers may exercise their powers in relation to an Irish ship, a
ship registered in another state that is a party to the UN
Protocol against migrant smuggling or a ship not registered in
any country or territory.
168. Section 154 details the powers which enforcement officers will
have to stop, board and detain ships suspected of being engaged
in migrant smuggling. Enforcement officers will have powers to
search ships and seize any items or materials which may
constitute evidence of migrant smuggling. Enforcement officers
will also have powers to arrest, without warrant, anyone
suspected of being guilty of an offence of migrant smuggling.
169. By section 155, an enforcement officer may not exercise his

powers outside the territorial seas of the State in relation to a
ship registered in another Convention State (defined in section
148) unless a request or authorisation has been received from
that Convention State through the appropriate diplomatic
channels.
25
170. Sections 156 and 157 restate section 3 and 4 of the Illegal
Immigrants (Trafficking) Act 2000. This restatement is
necessitated by the repeal of that Act.
PART 10
TRANSITIONAL ETC., PROVISIONS
171. Part 10 (sections 158 to 168) of the Bill deals with transitional,
etc., provisions. The part contains necessary transitional
arrangements in relation to immigration matters (section 159),
deportation, removal and exclusion (section 160), appointment
and powers of immigration officers (section 161), detention
(section 162), protection matters (section 163), Protection
Review Tribunal (section 164), continuity of statutory time
periods (section 165), continuity of validity of travel documents
(section 166), judicial review (section 167) and transitional
arrangements relating to the repeal of the Illegal Immigrants
(Trafficking) Act 2000 (section 168).
Financial implications
172. The Bill is expected to generate efficiencies in the State’s
immigration and protection processes with consequent savings
in costs to the Exchequer.
An Roinn Dlí agus Cirt agus Athchóirithe Dlí,

Meitheamh, 2010.
Wt. —. 748. 6/10. Cahill. (X56499). Gr. 30-15.
26

Mar A Tionscnaíodh As Initiated

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AN BILLE UM INIMIRCE, CÓNAÍ AGUS COSAINT 2010

3. Orders and regulations.

5. Repeals and revocation.

6. Foreign nationals lawfully and unlawfully present.

7. Marriage itself not to create immigration advantage.

8. Persons having permission to be in the State by operation

9. Limits on entitlement of foreign nationals unlawfully present

10. Saver for EU rights and obligations.

11. Delegation of functions of Minister to persons not officers of

12. Interpretation (Part 3).

13. Obligation to possess valid visa.

15. Visa-exempt foreign nationals.

16. Visa application.

17. Determination of visa application.

18. Grant of visa.

19. Refusal of visa application.

20. Revocation of visa.

21. Visa review application.

22. Determination of visa review application.

23. Transit visa.

24. Entry into State to be by way of approved ports, etc.

25. Approved ports.

26. Requirement for travel document at frontier of State.

27. Arrival at frontier of State: presentation and examination.

28. Arrival of foreign nationals under the age of 18 years.

29. Entry permission.

30. Entry permit.

31. Refusal to grant entry into the State.

32. Entry into State: health considerations.

33. Duties of carriers.

34. Fixed penalties for offences under section 33.

35. Residence permission.

36. Register of foreign nationals.

37. Application for residence permission of different category.

38. Residence permission: factors to be considered.

39. Renewal of residence permission.

40. Non-renewal of renewable residence permission.

41. Modification of conditions of residence permission.

43. Modification of conditions of residence permission on Mini-

44. Residence permit.

45. Replacement of lost, etc. residence permit.

46. Long-term residence permission.

47. Renewal of long-term residence permission.

48. Non-renewal of long-term residence permission.

49. Revocation of permission.

50. Procedure for revocation of entry permission or non-renew-

51. Proposal to revoke renewable residence permission or long-

52. Procedure for revocation of renewable residence permission

53. Review application.

54. Determination of review.

55. Non-return orders.

56. Immigration officers’ powers under this Part.

58. Rule against refoulement.

59. Removal from State of foreign national unlawfully present.

60. Arrest and detention of foreign national for purpose of

61. Imposition of conditions upon foreign national arrested

62. Imposition of conditions upon foreign national unlawfully

63. Provisions supplementary to sections 60, 61 and 62.

64. Persons under 18 years of age.

65. Responsibilities of carriers in relation to removal of foreign

66. Liability for costs of removal.