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Dublin Convention.
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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.
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(2) Without prejudice to the generality of subsection (1), an order under this section may—
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( a ) specify the circumstances and procedure by reference to which an application for asylum—
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(i) shall be examined in the State,
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(ii) shall be transferred to a convention country for examination, or
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(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,
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( 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,
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( 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,
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( 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,
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( e ) provide that where an application has been transferred to a convention country for examination the person concerned shall go to that convention country,
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( 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,
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( 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,
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( 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
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( 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.
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(3) An order under this section may make provision for such consequential, incidental, ancillary and supplementary matters as the Minister considers necessary or expedient.
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( 4 ) ( a ) The Minister shall appoint one of his or her officers to determine the matters referred to in subsection (2) (a).
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( 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).
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( 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.
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(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.
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(6) ( a ) The Minister for Foreign Affairs may by order designate the countries which are parties to the Dublin Convention.
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( b ) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph.
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(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.
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(8) Where an application has been transferred to a convention country for examination under subsection (2), the application shall be deemed to be withdrawn.
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(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:
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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.
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(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.
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