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INTERNATIONAL PROTECTION ACT 2015

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PART 8

Content of International Protection

Extension to qualified person of certain rights

53. A qualified person shall be entitled

(a) 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 the like manner and to the like extent in all respects as an Irish citizen,

(b) 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,

(c) subject to section 54, to reside in the State, and

(d) subject to section 55, to the same rights of travel in or to or from the State as those to which Irish citizens are entitled.

Permission to reside in State

54. (1) A qualified person shall be given a permission to reside in the State for a specified period of not less than 3 years.

(2) A family member shall be given a permission to reside in the State for a specified period of not less than 1 year and, in case of renewal, of not less than 2 years.

(3) A permission given under subsection (1) or (2) —

(a) shall be renewable unless compelling reasons of national security or public order (“ ordre public”) otherwise require, and

(b) shall cease to be valid where the person to whom it was given ceases to be a qualified person or a family member, as the case may be.

(4) In this section and section 55 , “family member” means a person in relation to whom—

(a) a permission to enter and to reside in the State given under section 56 is in force, or

(b) a permission to reside in the State given under section 57 is in force.

Travel document

55. (1) Subject to subsection (2), the Minister, on application by the person concerned, shall issue a travel document to a—

(a) qualified person, and

(b) family member.

(2) The Minister need not issue a travel document to a person referred to in subsection (1) if—

(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,

(b) the person is a person in respect of whom a subsidiary protection declaration is in force and who is able to obtain a national passport, or

(c) the Minister considers that to issue it would not be in the interests of national security, public security, public health or public order or would be contrary to public policy (“ordre public”).

(3) An application under subsection (1) 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 for the purposes of his or her functions under this section, and

(c) accompanied by such fee (if any) as may be prescribed.

(4) A travel document shall be in such form as may be prescribed or in a form to the like effect.

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

56. (1) A qualified person (in this section referred to as the “sponsor”) may, subject to subsection (8), make an application to the Minister for permission to be given to a member of the family of the sponsor to enter and reside in the State.

(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine—

(a) the identity of the person who is the subject of the application,

(b) the relationship between the sponsor and the person who is the subject of the application, and

(c) the domestic circumstances of the person who is the subject of the application.

(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.

(4) Subject to subsection (7), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to enter and reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.

(5) A permission given under subsection (4) shall cease to be in force if the person to whom it is given does not enter and reside in the State by a date specified by the Minister when giving the permission.

(6) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or the civil partnership concerned ceases to subsist.

(7) The Minister may refuse to give permission to enter and reside in the State to a person referred to in subsection (4) or revoke any permission given to such a person—

(a) in the interest of national security or public policy (“ordre public”),

(b) where the person would be or is excluded from being a refugee in accordance with section 10,

(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12 ,

(d) where the entitlement of the sponsor to remain in the State ceases, or

(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.

(8) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.

(9) In this section and section 57 , “member of the family” means, in relation to the sponsor—

(a) where the sponsor is married, his or her spouse (provided that the marriage is subsisting on the date the sponsor made an application for international protection in the State),

(b) where the sponsor is a civil partner, his or her civil partner (provided that the civil partnership is subsisting on the date the sponsor made an application for international protection in the State),

(c) where the sponsor is, on the date of the application under subsection (1) under the age of 18 years and is not married, his or her parents and their children who, on the date of the application under subsection (1), are under the age of 18 years and are not married, or

(d) a child of the sponsor who, on the date of the application under subsection (1), is under the age of 18 years and is not married.

Permission to reside for member of family of qualified person

57. (1) A qualified person (in this section referred to as the “sponsor”) may, subject to subsection (7), make an application to the Minister for permission to reside in the State to be given to a member of the family of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) and who does not himself or herself qualify for international protection.

(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine—

(a) the identity of the person who is the subject of the application,

(b) the relationship between the sponsor and the person who is the subject of the application, and

(c) the domestic circumstances of the person who is the subject of the application.

(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.

(4) Subject to subsection (6), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.

(5) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or civil partnership concerned ceases to subsist.

(6) The Minister may refuse to give permission to reside in the State to a person referred to in subsection (4) or, as the case may be, revoke any permission given to such a person—

(a) in the interest of national security or public policy (“ ordre public”),

(b) where the person would be or is excluded from being a refugee in accordance with section 10 ,

(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12 ,

(d) where the entitlement of the sponsor to remain in the State ceases, or

(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.

(7) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.

Situation of vulnerable persons

58. (1) In the application of sections 53 to 57 due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.

(2) In the application of sections 53 to 57 in relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.

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

79. Section 5 of the Illegal Immigrants (Trafficking) Act 2000 is amended—

(a) in subsection (1) —

(i) in paragraph (o), by the substitution of “( S.I. No. 426 of 2013 ),” for “( S.I. No. 426 of 2013 ), or”, and

(ii) by the insertion of the following after paragraph (o):

“(oa) a recommendation of an international protection officer under section 21 (3) of the International Protection Act 2015,

(ob) a decision of the International Protection Appeals Tribunal under section 21 (9)(a) of the International Protection Act 2015,

(oc) a determination of the Minister under section 21 (11) of the International Protection Act 2015,

(od) a recommendation of an international protection officer under section 22 (5) of the International Protection Act 2015,

(oe) a decision of the International Protection Appeals Tribunal under section 22 (11)(a) of the International Protection Act 2015,

(of) a refusal by the Minister under section 22 (15) of the International Protection Act 2015,

(og) a recommendation of an international protection officer under paragraph (b) or (c) of section 39 (3) of the International Protection Act 2015,

(oh) a decision of the International Protection Appeals Tribunal under subsection (2) or (3) of section 46 of the International Protection Act 2015,

(oi) a decision of the Minister under section 49 (4)(b) of the International Protection Act 2015,

(oj) a deportation order under section 51 of the International Protection Act 2015, or”,

and

(b) in subsection (9)(c) —

(i) by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in section 2 of the International Protection Act 2015;”,

and

(ii) by the insertion of the following after subparagraph (v) of the definition of “relevant enactment”:

“(va) the International Protection Act 2015,”.

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