International Protection Act 2026

Procedure where State takes charge of, or takes back, applicant for international protection

147. (1) This section applies to each of the following persons:

(a) an applicant whose application was registered in a different Member State of whom the State takes charge under the conditions laid down in Articles 39, 40 and 46;

(b) an applicant or a third-country national or a stateless person in relation to whom the State has received a notification from another Member State that the State is the Member State responsible;

(c) an applicant or a third-country national or a stateless person whom the State takes back under the conditions laid down in Articles 41 and 46;

(d) an admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with the Union Resettlement and Humanitarian Admission Framework Regulation, or which granted international protection or humanitarian status under a national resettlement scheme whom the State takes back under the conditions laid down in Articles 41 and 46.

(2) The Determining Authority shall examine or complete the examination of the application for international protection of a person to whom this section applies in accordance with the Asylum Procedures Regulation.

(3) The Determining Authority shall, as soon as practicable after commencing the examination of an application of a person to whom this section applies, send the person, and his or her legal representative, if any, a notice in writing informing him or her of the effect of subsection (2).