International Protection Act 2026
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Duration of examination procedure on merits | ||
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168. (1) The Determining Authority shall ensure that an examination procedure on the merits, provided that it is not under the accelerated examination procedure or the asylum border procedure, is concluded as soon as possible and no later than six months from the date on which the application is lodged, without prejudice to an adequate and complete examination. | ||
(2) The Determining Authority may extend the time limit of six months referred to in subsection (1) by a period of not more than six months where— | ||
(a) a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the procedure within the six-month time limit, | ||
(b) complex issues of fact or law are involved, or | ||
(c) the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9 of the Asylum Procedures Regulation. | ||
(3) Where an applicant is subject to a transfer procedure to the State as laid down in Article 46 of the Asylum and Migration Management Regulation, the time limit referred to in subsection (1) shall start to run from the date on which the application is lodged in accordance with section 40 . | ||
(4) The Determining Authority may postpone concluding the examination procedure where it cannot reasonably be expected to decide within the time limits laid down in subsection (1) due to an uncertain situation in the country of origin which is expected to be temporary. | ||
(5) In cases where the Determining Authority postpones concluding the examination procedure under subsection (4), the Minister shall inform the Commission and the Asylum Agency as soon as possible of the postponement of procedures for that country of origin. | ||
(6) In cases where the Determining Authority postpones concluding the examination procedure under subsection (4), the Determining Authority shall— | ||
(a) conduct reviews of the situation in that country of origin at least every four months, | ||
(b) where available, take into account reviews of the situation in that country of origin carried out by the Asylum Agency, and | ||
(c) inform the applicants concerned, in a language which they understand or are reasonably supposed to understand and as soon as possible, of the reasons for the postponement. |