International Protection Act 2026
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Chapter 6 Asylum border procedure | ||
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Conditions for applying asylum border procedure | ||
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175. (1) Following the screening carried out in accordance with Chapter 2 of Part 2 , where applicable, and provided that the applicant has not yet been authorised to enter the State, the Minister may, subject to section 183 , in accordance with the basic principles and guarantees of Chapter II of the Asylum Procedures Regulation, examine an application in a border procedure (referred to in this Chapter as the “asylum border procedure”) in accordance with this Act where that applicant is an applicant who does not fulfil the conditions for entry to the State and to whom any of the paragraphs of section 4(3) of the Act of 2004 applies. | ||
(2) The asylum border procedure may take place— | ||
(a) following an application made at an external border crossing point or in a transit zone; | ||
(b) following apprehension in connection with an unauthorised crossing of the external border; | ||
(c) following disembarkation in the State after a search and rescue operation; | ||
(d) following relocation in accordance with Article 67(11) of the Asylum and Migration Management Regulation. | ||
(3) Subject to section 183 (3), the Minister shall not authorise an applicant subject to the asylum border procedure to enter the State, without prejudice to section 176 . | ||
(4) Any measure taken to prevent unauthorised entry to the State shall be in accordance with the Reception Conditions Directive. | ||
(5) In this section, “external border crossing point” means a port or a screening centre. |