International Protection Act 2026
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Revocation of temporary protection | ||
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238. (1) A permission to reside in the State given to a displaced person under section 237 (8) may be revoked— | ||
(a) when the temporary protection concerned comes to an end in accordance with the Temporary Protection Directive, | ||
(b) upon the transfer of residence of the permission holder to another Member State, | ||
(c) where section 237 (6) applies in respect of the permission holder, | ||
(d) where the Minister decides that the permission should not have been given to the person due to a reason referred to in section 237 (3), | ||
(e) where the Minister has reasonable grounds to believe that the permission holder did not meet the conditions of section 237 (1) at the time of the permission being issued, or | ||
(f) where, in a 12 month period, the permission holder spends in excess of 90 days in aggregate of the period of validity referred to in section 237 (9) outside the State. | ||
(2) The Minister, where he or she is satisfied that one or more of the revocation grounds specified in paragraph (c), (d), (e) or (f) of subsection (1) exists, shall, prior to revoking the permission under this section, give the permission holder such notice, as may be prescribed, of his or her intention to revoke the permission (in this section referred to as a “notice of intention to revoke”). | ||
(3) A notice of intention to revoke shall— | ||
(a) inform the permission holder of the Minister’s intention to revoke the permission, | ||
(b) subject to subsection (13), inform the permission holder of the reasons for the Minister’s opinion that one or more than one of the grounds specified in paragraph (c), (d), (e) or (f) of subsection (1) exists, | ||
(c) inform the permission holder of the right to make representations under subsection (4), | ||
(d) inform the permission holder of the effect of subsections (6) and (7), and | ||
(e) be in a language that the permission holder understands or is reasonably supposed to understand. | ||
(4) A permission holder to whom a notice of intention to revoke is given may, within the period of 28 days beginning on the date the notice is given to him or her, make representations in writing to the Minister regarding the intended revocation, including representations relating to the matters referred to in subsections (7) and (8). | ||
(5) After the expiry of the period referred to in subsection (4) the Minister shall— | ||
(a) having regard to the representations, if any, made by the permission holder under that subsection, decide— | ||
(i) whether to revoke the permission, and | ||
(ii) where he or she decides to revoke the permission, and in accordance with subsections (7) and (8) (where applicable), the date on which such revocation is to take effect, which shall be no earlier than the expiration of the period for submitting an appeal under subsection (10), | ||
and | ||
(b) give the permission holder concerned a notification in writing of his or her decision. | ||
(6) A revocation under paragraph (a) or (b) of subsection (1) of a permission to reside in the State shall take effect on such date as is specified in the notification under subsection (5)(b). | ||
(7) A revocation under paragraph (c), (d), (e) or (f) of subsection (1) of a permission to reside in the State may operate— | ||
(a) from the date of revocation, | ||
(b) where the Minister considers it appropriate having regard to the circumstances of the individual case and the matters referred to at subsection (8), from the date the permission was granted, or | ||
(c) from any date between the dates referred to in paragraphs (a) and (b), depending on the circumstances of the individual case and the matters referred to in subsection (8). | ||
(8) The Minister shall have regard to the following matters, where applicable, when considering whether to revoke, in accordance with subsection (7)(b), a permission from the date the permission was granted: | ||
(a) whether a child or dependant of the permission holder has derived an autonomous right, entitlement or status from the person’s right, entitlement or status to reside in the State; | ||
(b) the extent to which any other person has derived an autonomous right, entitlement or status within the meaning of paragraph (a); | ||
(c) whether the permission holder failed to inform the Minister of a material fact which had, or was capable of having, an effect on the validity of the permission; | ||
(d) whether the permission was procured by fraud, misrepresentation, whether innocent or fraudulent, or concealment of material facts or circumstances; | ||
(e) any other information that the Minister deems relevant in the making of his or her decision. | ||
(9) Where the Minister decides under subsection (5) to revoke the permission, the notification under paragraph (b) of that subsection shall include a statement informing the permission holder of— | ||
(a) the Minister’s decision to revoke the permission, including the date on which the revocation is to take effect, | ||
(b) subject to subsection (13), the reasons for the decision, | ||
(c) where applicable, the right under subsection (10) of the permission holder to appeal that decision, and | ||
(d) the effect of subsection (11). | ||
(10) Where the revocation of a permission is on a ground referred to in paragraph (c), (d), (e) or (f) of subsection (1), the permission holder concerned may, within the period of 15 days beginning on the date on which the notification under subsection (5)(b) is given to him or her, appeal that decision to the Tribunal in accordance with Part 8 . | ||
(11) The Tribunal, on the hearing of an appeal under subsection (10), may, as it thinks proper— | ||
(a) affirm the decision of the Minister, or | ||
(b) direct the Minister not to revoke temporary protection. | ||
(12) The decision of the Minister to revoke the permission shall take effect— | ||
(a) where no appeal to the Tribunal is brought against the decision of the Minister, on the date specified in the notification under subsection (5)(b), or | ||
(b) where an appeal to the Tribunal is brought against the decision of the Minister— | ||
(i) from the date on which the Tribunal, under subsection (11)(a), affirms the decision, or | ||
(ii) from the date on which the appeal is withdrawn. | ||
(13) Where the Minister considers that specifying the reasons for his or her intention to, or decision to, revoke a permission would be contrary to the interests of national security, he or she shall not include such reasons in the notice of intention to revoke or notification under subsection (5)(b), as the case may be. |