International Protection Act 2026

Chapter 2

Determination of Member State responsible

Minister to determine Member State responsible

131. (1) Where the State is—

(a) the Member State where an application for international protection is first registered pursuant to the Asylum Procedures Regulation, or

(b) the Member State of relocation,

the Minister shall determine the Member State responsible in accordance with the Asylum and Migration Management Regulation without delay.

(2) If the applicant absconds, the Minister shall continue the procedure for determining the Member State responsible.

(3) Where the Minister has conducted the procedure for determining the Member State responsible, or the State has become responsible pursuant to Article 16(4), the Minister shall without delay indicate each of the following in Eurodac pursuant to Article 16(1) of the Eurodac Regulation:

(a) the State’s responsibility pursuant to Article 16(2);

(b) the State’s responsibility pursuant to Article 16(3);

(c) the State’s responsibility pursuant to Article 16(4);

(d) the State’s responsibility due to its failure to comply with the time limits laid down in Article 39;

(e) the responsibility of the Member State which has accepted a request to take charge of the applicant pursuant to Article 40;

(f) the State’s responsibility pursuant to Article 68(3).