International Protection Act 2026
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Particular reasons to believe that person might abscond | ||
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101. (1) Without prejudice to the consideration of any other matter, where any of the following circumstances exists in the case of an individual applicant, it may be regarded as reason to believe that that person might abscond: | ||
(a) the person, during the processing of his or her application— | ||
(i) provided to an immigration officer, an officer of the Minister or a member of An Garda Síochána, information that he or she knew, or could reasonably be expected to know, was false, | ||
(ii) misrepresented information to an immigration officer, an officer of the Minister or a member of An Garda Síochána or presented information to such a person in a way that was misleading, or | ||
(iii) when requested to provide information relevant to the examination of his or her application that was in his or her knowledge, withheld or concealed such information, | ||
whether or not by the use of false documents; | ||
(b) the person while in the State, destroyed or disposed of an identity document or travel document with the intention of preventing his or her identity or nationality being determined; | ||
(c) the person failed, without reasonable excuse, to cooperate with competent authorities or, as the case may be, comply with procedural requirements, under this Act or the EU acts; | ||
(d) the person explicitly expressed an intention not to cooperate with competent authorities or, as the case may be, comply with procedural requirements, under this Act or the EU acts; | ||
(e) the person has previously failed to comply with the law of the State, or of another state, relating to the entry, or presence, of foreign nationals into, or in, the State or, as the case may be, that other state; | ||
(f) the applicant is in the State and is required to be present in another Member State in accordance with Article 17(4) of the Asylum and Migration Management Regulation; | ||
(g) the applicant is required to be present in the State in accordance with Article 17(4) of the Asylum and Migration Management Regulation and has been transferred to the State after having absconded to another Member State; | ||
(h) the person’s application has been rejected as inadmissible or manifestly unfounded. | ||
(2) Without prejudice to the generality of paragraph (c) of subsection (1), procedural requirements referred to in that paragraph include— | ||
(a) a requirement under section 15 to provide biometric data, | ||
(b) a requirement under section 22 to travel to a screening centre, | ||
(c) an obligation under section 25 to provide information, | ||
(d) the requirement to lodge the application in accordance with section 40 and Article 28 of the Asylum Procedures Regulation, | ||
(e) a requirement to attend a personal interview, | ||
(f) a requirement to reside in a specified place under section 102 , and | ||
(g) a requirement to report to competent authorities under section 103 . |