Refugee Act, 1996

• Permanent Page URL

Dublin Convention.

22.—(1) The Minister may make such orders as appear to him or

her to be necessary or expedient for the purpose of giving effect to the Dublin Convention.

(2) Without prejudice to the generality of subsection (1), an order under this section may—

(a) specify the circumstances and procedure by reference to which an application for asylum—

(i) shall be examined in the State,

(ii) shall be transferred to a convention country for examination, or

(iii) shall be accepted for examination in the State pursuant to a request made by the convention country in which the application for asylum was first lodged,

(b) provide for an appeal against a determination to transfer an application for asylum to a convention country and for the procedure in relation to such an appeal,

(c) require that an application for asylum shall not be investigated by the Commissioner until it has been decided by the person specified in an order under this section whether a convention country is responsible for examining the application,

(d) require that an application for asylum which has been referred to the Commissioner under section 8 shall be transferred to a convention country for examination,

(e) provide that where an application has been transferred to a convention country for examination the person concerned shall go to that convention country,

(f) specify the conditions governing the entry into and temporary stay in the State of a person whose application for asylum has been accepted for examination in the State,

(g) provide for the transit through the State of a person whose application for asylum has been transferred from a convention country to another convention country for examination,

(h) provide for the referral of an application for asylum to the Commissioner notwithstanding that a convention country has responsibility for examining the application, and

(i) specify the measures to be taken for the purpose of the removal of a person whose application has been transferred to a convention country from the State to that convention country including, where necessary, the temporary detention or restraint of the person.

(3) An order under this section may make provision for such consequential, incidental, ancillary and supplementary matters as the Minister considers necessary or expedient.

(4) (a) The Minister shall appoint one of his or her officers to determine the matters referred to in subsection (2) (a).

(b) The Minister shall appoint a person (who shall have had not less than 7 years' experience as a practising barrister or solicitor before his or her appointment) to consider and decide appeals under subsection (2) (b).

(c) A person appointed under paragraph (b) shall hold office for such period and on such other terms and conditions as the Minister may determine when appointing him or her.

(5) This section shall not be construed as authorising the transfer of an application for asylum to a convention country unless that country has agreed to accept responsibility for the examination of the application.

(6) (a) The Minister for Foreign Affairs may by order designate the countries which are parties to the Dublin Convention.

(b) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph.

(7) The Minister may by order amend or revoke an order under this section (other than an order under subsection (6)) including an order under this subsection.

(8) Where an application has been transferred to a convention country for examination under subsection (2), the application shall be deemed to be withdrawn.

(9) The Minister shall, pursuant to Articles 14 and 15 of the Dublin Convention, communicate information to convention countries in relation to the matters referred to in those articles:

Provided that information concerning the grounds on which a particular application for asylum is based or the grounds on which a decision concerning such an application is based shall not be communicated under this section without the prior consent of the person the subject of the application.

(10) In this section, “an application for asylum” means a request whereby a person seeks the protection of the State or a convention country by claiming refugee status under the Geneva Convention and includes an application for a declaration under this Act.