International Protection Act 2026
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Determination of Member State responsible — assessment whether applicant poses threat to internal security | ||
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132. (1) Where— | ||
(a) a security check provided for in Article 15 of the Screening Regulation and sections 32 and 33 has not been carried out pursuant to that Regulation, and | ||
(b) the State is the first Member State in which the application for international protection was registered, | ||
the Minister shall examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III of the Asylum and Migration Management Regulation. | ||
(2) Where— | ||
(a) a security check provided for in Article 15 of the Screening Regulation and sections 32 and 33 has been carried out, | ||
(b) the State is the first Member State in which the application for international protection was registered, and | ||
(c) the Minister has justified reasons to examine whether there are reasonable grounds to consider that the applicant poses a threat to internal security, | ||
the Minister shall carry out the examination as soon as possible after the registration of the application, before applying the criteria for determining the Member State responsible pursuant to Chapter II or the clauses set out in Chapter III of Part III of the Asylum and Migration Management Regulation. | ||
(3) Where the security check carried out in accordance with subsection (1) or (2) shows that there are reasonable grounds to consider that the applicant poses a threat to internal security, the State shall be the Member State responsible, and Article 39 shall not apply. |