International Protection Act 2026
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Request to remain in State pending appeal | ||
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141. (1) A person who appeals a transfer decision under section 140 (referred to in this section as the “person concerned”) may, within the period of one week referred to in that section and in accordance with regulations (if any) under section 198 , submit a request in writing to the Tribunal to be allowed to remain in the State (in this Part referred to as a “request to remain”) pending the outcome of his or her appeal. | ||
(2) A request to remain shall— | ||
(a) specify, in writing, the grounds on which the request is made, and | ||
(b) indicate whether the person concerned wishes the Tribunal to hold an oral hearing for the purpose of determining the request. | ||
(3) The Tribunal may, without prejudice to the principle of non-refoulement— | ||
(a) grant a request to remain, or | ||
(b) refuse a request to remain. | ||
(4) A decision to refuse a request to remain shall state the reasons on which it is based. | ||
(5) The Tribunal shall, within 5 days of the date of the request under subsection (1), take a decision under subsection (3) and send a copy of the decision to— | ||
(a) the person concerned and his or her legal representative (if any), and | ||
(b) the Minister. | ||
(6) Where the person concerned does not make a request under subsection (1), an appeal against, or review of, the transfer decision shall not suspend the implementation of the transfer decision. | ||
(7) Notwithstanding subsection (6), the Minister shall not implement a transfer decision— | ||
(a) before the expiry of the period in which an appeal against the transfer decision may be lodged under section 140 (1), and | ||
(b) where a request to suspend the implementation of the transfer decision is made under subsection (1), before the expiry of the period in which the Tribunal is to take a decision under subsection (5). |