International Protection Act 2026
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Implicit withdrawal of application | ||
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71. (1) The following are the grounds for implicit withdrawal: | ||
(a) the applicant, without good cause, has not lodged his or her application in accordance with section 40 and Article 28 of the Asylum Procedures Regulation, despite having had an effective opportunity to do so; | ||
(b) the applicant refuses to cooperate by not providing— | ||
(i) the information referred to in paragraphs (a) to (g) of section 39 (2), or | ||
(ii) his or her biometric data to a member of An Garda Síochána, an immigration officer, an officer of the Minister or a designated person, as may be directed, in accordance with section 15 ; | ||
(c) the applicant refuses to provide his or her address, where he or she has one, unless housing is provided to him or her by the State; | ||
(d) the applicant has, without justified cause, not attended a personal interview which has been scheduled under section 164 or, where applicable, section 151 (7); | ||
(e) the applicant has, without justified cause, refused to respond to questions during a personal interview to the extent that the outcome of the interview was not sufficient to take a decision on the merits of the application; | ||
(f) the applicant— | ||
(i) has on three separate occasions failed to comply with reporting duties imposed on him or her under section 103 or section 113 (1)(c), or | ||
(ii) does not remain available to the competent authorities, and he or she cannot demonstrate that such failure to remain available was due to specific circumstances beyond his or her control; | ||
(g) the applicant has lodged the application in the State where— | ||
(i) the State is not the Member State of first entry, or | ||
(ii) the applicant is in possession of a valid residence document or a valid visa issued by another Member State, | ||
and the applicant does not remain present in the State pending the determination of the Member State responsible under Part 6 or the implementation of the transfer procedure in accordance with the Asylum and Migration Management Regulation, where applicable. | ||
(2) Where the Determining Authority is of the opinion that any of the grounds in subsection (1) exist, it shall make a declaration that the application has been implicitly withdrawn. | ||
(3) An application may be rejected as unfounded or manifestly unfounded where, at the stage the application is implicitly withdrawn, the Determining Authority has already found that the applicant does not qualify for international protection pursuant to the Qualification Regulation. |