S.I. No. 366/2024 - International Protection Act 2015 (Application for International Protection Form) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigi úil ”of 26 th July,2024.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by sections 3 and 15 (5) of the International Protection Act 2015 (No. 66 of 2015) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the International Protection Act 2015 (Application for International Protection Form) Regulations 2024.

(2) These Regulations shall come into operation on 24 July 2024.

2. The form set out in the Schedule is prescribed for the purposes of section 15 (5) of the International Protection Act 2015 (No. 66 of 2015).

3. The International Protection Act 2015 (Application for International Protection Form) Regulations 2016 ( S.I. No. 660 of 2016 ) are revoked.

SCHEDULE

Particulars and declarations which shall be provided on application for International Protection.

1. Consent

i. Capture of declaration that applicant has read International Protection Office Data Protection Notice

ii. Capture of signature

iii. Date of signature

2.1 Details of applicant ’s identity, including:

i. First Name(s)

ii. Last Name(s)

iii. Alias(es)

iv. Date of Birth

v. Gender: male / female / unspecified / other

vi. Marital Status: single / married / widowed / separated / divorced / co-habiting / civil partnership / traditional marriage / separated legally / unknown / not stated

vii. Nationality/Country of Origin

viii. Country of Former Habitual Residence, if applicable

ix. Country of Birth

x. Place of Birth

xi. Ethnicity:

Albanian

Arab

Benin

Edo

Georgian

Han

Ibo

Igbo

Kikuyu

Kurdish

Moldovan

Ndebele

Other

Roma

Romanian

Russian

Serbian

Shona

Sunni

Yoruba

xii. Religion:

Adventist

Anglican

Apostolic

Army of the Lord

Ashanti

Atheist

Baptist

Buddhist

Catholic

Christian

Church of the Latter Day Saints (Mormon)

Eastern Orthodox Church

Evangelist

Falun Gong

Greek Catholic

Hare Krishna

Hindu

Jehovah ’s Witness

Jewish

Kimbanguist Church

Lutheran

Methodist

Muslim

None

Orthodox

Other

Pentecostal

Presbyterian

Protestant

Roman Catholic

Scientology

Seventh Day Adventist

Sikh

xiii. Social media username(s), and relevant platform, if any

2.2 Details of contact and address information, including:

i. Email address

ii. Phone number

iii. Whether the applicant requires accommodation in the State

iv. Address in Ireland, if applicable

v. Any address(es) elsewhere, including in Country of Origin, or Country of Former Habitual Residence, as well as the dates of residence at address(es)

2.3 Category of application:

i. Indication of the type of application: full single application / family / unaccompanied minor / dependent minor

ii. Indication as to whether applicant has previously applied for International Protection in the State: yes / no

iii. If yes to (ii), indication as to whether applicant has produced letter of consent to the International Protection Office

iv. Details of the number of family member(s) applying with the applicant on the day

3. Details of family member(s), including:

i. Last Name(s)

ii. First Name(s)

iii. Gender: male / female / unspecified / other

iv. Religion

Adventist

Anglican

Apostolic

Army of the Lord

Ashanti

Atheist

Baptist

Buddhist

Catholic

Christian

Church of the Latter Day Saints (Mormon)

Eastern Orthodox Church

Evangelist

Falun Gong

Greek Catholic

Hare Krishna

Hindu

Jehovah ’s Witness

Jewish

Kimbanguist Church

Lutheran

Methodist

Muslim

None

Orthodox

Other

Pentecostal

Presbyterian

Protestant

Roman Catholic

Scientology

Seventh Day Adventist

Sikh

v. Nationality/Country of Origin

vi. Country of Former Habitual Residence, if applicable

vii. Ethnicity

Albanian

Arab

Benin

Edo

Georgian

Han

Ibo

Igbo

Kikuyu

Kurdish

Moldovan

Ndebele

Other

Roma

Romanian

Russian

Serbian

Shona

Sunni

Yoruba

viii. Date of Birth

ix. Current whereabouts

x. Relationship to applicant

xi. Immigration status in Ireland, if applicable

xii. First &last name(s) of the person ’s parent(s), if applicable

In respect of:

a) Any sibling(s), for application under s.15(4);

b) Any spouse/partner;

c) Any child(ren)/dependent(s) under 18;

d) Any child(ren) over 18, including an indication as to whether they are presenting with the applicant;

e) Parent(s).

4. Details of the grounds for the application, including:

i. Intention to apply for International Protection

ii. Grounds for seeking refugee status: race/religion/nationality/membership of particular social group/political/none of these

iii. Detailed reason(s) for claiming International Protection

iv. Details of specific event(s) in the Country of Origin or Country of Former Habitual Residence which have resulted in the applicant fearing to return home, and the reason(s) why the applicant decided to leave their Country of Origin or Country of Former Habitual Residence

v. Details of specific person, organisation, or group in Country of Origin or Country of Former Habitual Residence that the applicant would fear were they to return home

vi. Details of any political activities in which the applicant engaged in their Country of Origin or Country of Former Habitual Residence

5. Reasons for which dependent(s) fear persecution

i. Indication as to whether dependent(s) share the same reason(s) for applying for International Protection, if applicable

ii. Name(s) of dependent(s) in the State as part of the application

iii. Details as to why dependent(s) have well-founded fear of persecution, if different from grounds provided by applicant

6. Subsidiary protection: serious harm

i. Details, if any, of reason(s) for which the applicant is at risk of ‘serious harm ’:

death penalty or execution / torture or inhuman or degrading treatment or punishment of a person in his or her Country of Origin / serious and individual threat to a civilian ’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict

ii. Details of what the applicant fears may happen if they return to Country of Origin or Country of Former Habitual Residence

7. Reason(s) for which dependent(s) fear serious harm

i. Indication as to whether dependent(s) share the same reason(s) for fearing serious harm

ii. Name(s) of dependent(s) in the State as part of the application

iii. Details as to why dependent(s) fear serious harm, if different from grounds provided by applicant

8. Safe Country of Origin (only to be completed by applicants whose Country of Origin is subject to a designation under section 72 of the Act)

i. Reason(s) as to why the applicant considers their Country of Origin to be unsafe in their case and for their dependent(s), if applicable

9. Reporting of incident(s)

i. Indication as to whether the applicant reported incident(s) which occurred to them and/or dependent(s) to the authorities in Country of Origin or Country of Former Habitual Residence: yes / no

ii. If no, details as to why the applicant did not report the incident(s)

iii. If yes, details of when and to whom the report(s) was/were made

iv. Details of action(s) taken by authorities, if applicable

10. Permission to remain

i. Details of all information that would, in the event that sections 49, 50, 56, or 57 of the Act were to apply to the applicant, be relevant to the decision of the Minister under the section concerned, including:

a) the type of connection the applicant has with Ireland, if any;

b) humanitarian considerations (such as health matters);

c) character and conduct (behaviour) in Ireland, including criminal convictions;

d) character and conduct outside Ireland, including criminal convictions;

e) national security and public order concerns;

f) anything else that may affect the common good (the benefits and interests) of all the people in the State

10.1 Family member(s)

i. Indication as to whether the applicant has any family member(s) in the State not previously mentioned in the application: yes / no

ii. If yes, details of that family member ’s: first and last name(s), gender (male / female / unspecified / other), nationality, immigration status in Ireland, date of birth, relationship to the applicant

10.2 Conviction of crime

i. Indication as to whether applicant is the subject of an ongoing criminal investigation or has committed, been charged with, or convicted of, any criminal offence in the State or in any other country: yes / no

ii. If yes, details of: conviction/charge/offence for which applicant is under investigation, including: country of conviction; offence with which applicant was charged; date of charge; details of prison sentence served, if any, including dates and type of sentence

GIVEN under my Official Seal,

23 July, 2024.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

( This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations repeal S.I. 660 of 2016.

The purpose of the new Regulation is to update the format of the application form under the International Protection Act in order to facilitate digitalisation of the application process.