International Protection Act 2026
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Application of Part 4 | ||
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74. (1) Subject to subsections (2) and (3) and subsections (1) and (3) of section 78 , Chapters 2 and 3 shall apply to a person who is present on the territory of the State and is— | ||
(a) an applicant, provided that the person— | ||
(i) is not the subject of a transfer decision under Part 6 or, where so subject, has made a request to remain under section 141 that has yet to be determined or has made such a request and been granted the right to remain in the State under that section, or | ||
(ii) is not the subject of a return decision that is in effect under Part 11 , | ||
or | ||
(b) where the person is not an applicant under this Act, a person who has made an application under section 15 of the Act of 2015, provided that the person— | ||
(i) has not ceased to be an applicant within the meaning of the Act of 2015, | ||
(ii) has not received a determination under section 21(11) of the Act of 2015, or | ||
(iii) has not been refused consent under section 22(15) of the Act of 2015. | ||
(2) Section 79 shall not apply to an applicant who has been notified that he or she is the subject of a transfer decision under section 139 . | ||
(3) Subsections (1) to (6) of section 80 shall apply to an applicant notwithstanding that the applicant is the subject of a transfer decision under Part 6 . | ||
(4) Chapter 3 shall apply to a person referred to in subsection (1) who is required to be present in the State in accordance with Article 17(4) of the Asylum and Migration Management Regulation. | ||
(5) References in this Part to an “applicant” shall be construed in accordance with this section. |