Refugee Act, 1996

Declaration that person is refugee.

17.—(1) Subject to the subsequent provisions of this section, where a report under section 13 is furnished to the Minister or where the Appeal Board sets aside a recommendation of the Commissioner under section 16 , the Minister—

(a) shall, in case the report or, as the case may be, the decision of the Appeal Board includes a recommendation that the applicant concerned should be declared to be a refugee, give to the applicant a statement in writing (in this Act referred to as “a declaration”) declaring that the applicant is a refugee, and

(b) may, in any other case, refuse to give the applicant a declaration,

and he or she shall notify the High Commissioner of the giving of or, as the case may be, the refusal to give the applicant a declaration.

(2) (a) If the Minister considers that in the interest of national security or public policy (“ordre public”) it is necessary to do so, he or she may by order—

(i) provide that sections 3 , 9 and 18 shall not apply to a person specified in the order, being a person to whom a declaration has been given, and

(ii) require the person to leave the State and the order shall specify the measures to be taken for the purpose of the removal of the person from the State including where necessary the temporary detention or restraint of the person.

(b) A person with respect to whom an order under paragraph (a) (ii) is made shall not be required to leave the State before the expiry of 30 days from the date of the making of the order.

(c) Where the Minister has made an order under the said paragraph (a) (ii) in respect of a person, he or she shall send a copy of the order to the person, the High Commissioner and the applicant's solicitor (if known).

(3) For the purposes of this Act, a person who, before the commencement of this Act, was recognised by the Minister as a refugee within the meaning of the Geneva Convention shall be deemed to be a person in respect of whom a declaration has been given under this section.

(4) The Minister shall not give a declaration to a refugee who has been recognised as a refugee under the Geneva Convention by a state other than the State and who has been granted asylum in that state and whose reason for leaving or not returning to that state and for seeking a declaration in the State does not relate to a fear of persecution in that state.

(5) Where the Minister has decided to refuse to give a declaration, he or she shall send to the applicant a notice in writing stating that—

(a) his or her application for a declaration has been refused,

(b) the period of entitlement of the applicant to remain in the State under section 9 has expired, and

(c) the Minister may make an order requiring the applicant to leave the State,

and a copy of the notice shall be sent to the High Commissioner and to the applicant's solicitor (if known).

(6) The Minister may, at his or her discretion, grant permission in writing to a person who has withdrawn his or her application or to whom the Minister has refused to give a declaration to remain in the State for such period and subject to such conditions as the Minister may specify in writing.

(7) A person to whom the Minister has refused to give a declaration may not make a further application for a declaration under this Act without the consent of the Minister.

(8) (a) Subject to section 5 and paragraphs (b), (c) and (d), the Minister shall make an order (in this Act referred to as “a deportation order”) requiring a person to whom the Minister has refused to give a declaration or a person who has withdrawn his or her application to leave the State and the order shall specify the measures to be taken for the purpose of the removal of the person from the State including where necessary the temporary detention or restraint of the person.

(b) A person with respect to whom a deportation order is made shall not be required to leave the State before the expiry of 30 days from the date of the making of the order.

(c) Paragraph (a) shall apply only to a person who, but for the provisions of section 9 , would not be entitled to enter or remain in the State.

(d) The Minister shall not make an order under paragraph (a) in respect of a person who has been granted permission to remain in the State under subsection (6) while that permission is in force.

(9) The Minister may by order amend or revoke an order under this section including an order under this subsection.