International Protection Act 2026
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Cessation of designation or appointment of representatives and consequences of cessation | ||
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51. (1) The designation or appointment of a provisional representative person or the appointment of a representative person in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring— | ||
(a) in relation to a provisional representative person designated or appointed in respect of a relevant person and where the relevant person is an unaccompanied minor, a representative person is appointed for the relevant person, | ||
(b) the Determining Authority notifies the competent authority that it is satisfied that the relevant person is 18 years or over, and— | ||
(i) an age assessment carried out under Chapter 3 in respect of the relevant person has concluded that he or she is 18 years or over, or | ||
(ii) the age of the relevant person is verified, other than by an age assessment carried out under Chapter 3, to be 18 years or over, | ||
(c) the Determining Authority notifies the competent authority that the relevant person is a beneficiary of international protection, granted by the State or by a Member State other than the State, and an international protection guardian has been appointed for the relevant person, | ||
(d) the Determining Authority notifies the competent authority that the relevant person has ceased to be an applicant, | ||
(e) the Determining Authority notifies the competent authority that the relevant person has left the State without the consent of the Minister, | ||
(f) the relevant person is a minor and the Determining Authority notifies the competent authority that an accompanying family member has become responsible for him or her such that the Determining Authority is satisfied that the relevant person is no longer unaccompanied, | ||
(g) the representative person or provisional representative person resigns or is otherwise unavailable to perform the functions of a representative person or a provisional representative person, or | ||
(h) the designation or appointment of the provisional representative person or the appointment of the representative person is terminated by the competent authority in accordance with regulations made under section 53 — | ||
(i) because the provisional representative person or representative person has not adequately performed his or her functions under this Act or the EU acts, | ||
(ii) on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53 , or | ||
(iii) because the competent authority is no longer satisfied that the provisional representative person or representative person complies with the requirement set out in paragraph (a) or (b) of section 50 (3). | ||
(2) The designation or appointment of a representative organisation under section 46 (1)(a) or 46 (1)(b) in respect of a person (in this section referred to as a “relevant person”) shall cease on the earliest of the following occurring— | ||
(a) the individual appointed by the representative organisation under section 47 (1) or 47 (2) has ceased being a provisional representative person or a representative person, as the case may be, for the relevant person concerned arising from one or more of the matters referred to in paragraph (b), (c), (d), (e) or (f) of subsection (1), | ||
(b) the competent authority notifies the representative organisation that the competent authority is no longer satisfied as to one or more of the matters specified in paragraph (a), (b), (c), (d), (e) or (f) of section 46 (3), | ||
(c) the designation or appointment of a representative organisation is terminated on foot of a complaint that is made, and deemed to be well-founded, in accordance with regulations made under section 53 , or | ||
(d) the competent authority appoints a different representative organisation in accordance with section 46 (1)(b) in respect of the relevant person concerned. | ||
(3) Where the designation or appointment of a representative organisation ceases under paragraph (b), (c) or (d) of subsection (2), any appointment by the representative organisation of— | ||
(a) a provisional representative person under section 47 (1), or | ||
(b) a representative person under section 47 (2), | ||
shall also cease. | ||
(4) Where the designation or appointment of a provisional representative person or the appointment of a representative person ceases under paragraph (g) or (h) of subsection (1), a provisional representative person or a representative person shall be appointed in his or her place in accordance with section 48 (a) or section 48 (b), as appropriate. | ||
(5) Where the designation or appointment of a representative organisation ceases under paragraph (b) or (c) of subsection (2), the competent authority shall make an appointment under section 46 (1)(b) in respect of a relevant person in relation to whom the representative organisation was designated or appointed, and section 46 (1) shall apply as if the relevant person was the subject of a notification referred to in that section. | ||
(6) Following the cessation under subsection (1) or (3) of the designation or appointment of a provisional representative person or the cessation of the appointment of a representative person, the Determining Authority shall— | ||
(a) immediately inform the relevant person that the provisional representative person or the representative person, as the case may be, is no longer designated or appointed, as the case may be, for the relevant person, in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand, | ||
(b) if applicable, immediately inform the relevant person that a provisional representative person or a representative person has been appointed for the relevant person in accordance with subsection (4), in a manner that is age appropriate and in a language that the relevant person understands or is reasonably supposed to understand, and | ||
(c) inform the Child and Family Agency of the matters referred to in paragraphs (a) and (b) in relation to the relevant person. |