International Protection Act 2026
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Application on behalf of person lacking capacity | ||
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38. (1) This section applies to an adult who— | ||
(a) lacks capacity to make an application under section 36 , and | ||
(b) is otherwise eligible to make an application under section 36 . | ||
(2) An application may be made and lodged on behalf of a person to whom this section applies (in this section referred to as the “person concerned”)— | ||
(a) where the person concerned is a ward of court, by his or her committee, | ||
(b) where the person concerned is subject to a decision-making representation order which authorises a decision-making representative to make an application on behalf of the person concerned, by the person concerned’s decision-making representative, | ||
(c) where the person concerned is subject to an order capable of being recognised in the State pursuant to section 124 of the ADMC Act, whether or not such an order has actually been recognised by a court in the State pursuant to section 125 of that Act, by the person authorised under that order to take decisions on behalf of the person concerned, provided that such authorised person is at the frontier of the State or is in the State, | ||
(d) where the person concerned is subject to a registered co-decision-making agreement which provides for the joint making by the appointer and a co decision-maker of an application, by the appointer, provided that it is signed jointly by the appointer and the co-decision-maker, or | ||
(e) where the person concerned is not a person referred to in paragraphs (a) to (d), subject to subsection (3), by a person of full age and capacity who is the spouse, civil partner, parent or child of the person concerned, or otherwise who the Minister is satisfied has a bona fide interest in the welfare of the person concerned. | ||
(3) For the purposes of ascertaining whether an application may be made or lodged under subsection (2)(e) on behalf of a person, the Minister may— | ||
(a) request that a medical report, or such other appropriate documentary evidence relating to the capacity of the person concerned, be submitted to him or her, or | ||
(b) request that the person concerned attend a registered medical practitioner for the purposes of obtaining a report to the Minister in relation to the capacity of the person concerned. | ||
(4) The costs of and incidental to the preparation of a report referred to in subsection (3)(b) shall be borne by the Minister. | ||
(5) The amount payable under subsection (4) shall not exceed such amount as is specified from time to time by the Minister, in consultation with the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. | ||
(6) In this section— | ||
“ADMC Act” means the Assisted Decision-Making (Capacity) Act 2015 ; | ||
“appointer” has the same meaning as it has in Part 4 of the ADMC Act; | ||
“capacity” shall be construed in accordance with section 3 of the ADMC Act; | ||
“co-decision-maker” has the same meaning as it has in Part 4 of the ADMC Act; | ||
“co-decision-making agreement” has the same meaning as it has in Part 4 of the ADMC Act; | ||
“decision-making representation order” has the same meaning as it has in the ADMC Act; | ||
“decision-making representative” has the same meaning as it has in the ADMC Act. |