International Protection Act 2026

Determining Authority may decide not to grant refugee status

163. (1) Where, in the course of an examination under section 162 , or of an appeal under section 187 but before a decision is taken under section 164 or, as the case may be, on the appeal under section 195

(a) reasonable grounds exist for the Determining Authority to regard the applicant as a danger to the security of the State, or

(b) the Determining Authority becomes aware that the applicant has been convicted by a final judgment of a particularly serious crime and is satisfied that the applicant constitutes a danger to the community of the State,

the Determining Authority may decide not to grant refugee status to the applicant.

(2) Where the Determining Authority takes a decision referred to in subsection (1), section 165 shall not apply.