International Protection Act 2026
|
Deadlines under asylum border procedure | ||
|
176. (1) The asylum border procedure shall be as short as possible while at the same time enabling a complete and fair examination of the application. | ||
(2) Without prejudice to subsection (1), the maximum duration of the asylum border procedure shall be 12 weeks from when the application is registered until the applicant no longer has a right to remain in the State and is not allowed to so remain. | ||
(3) Where— | ||
(a) a person is transferred to the State pursuant to Article 67(11) of the Asylum and Migration Management Regulation, and | ||
(b) the Determining Authority is applying the asylum border procedure, | ||
the Determining Authority may extend the 12 week period to 16 weeks. | ||
(4) Following the expiration of the period of 12 weeks referred to in subsection (2), or 16 weeks, where extended in accordance with subsection (3), the Minister shall authorise the applicant to enter the State except where Chapter 2 of Part 11 applies. | ||
(5) By way of derogation from subsection (4), the Minister shall not authorise the applicant to enter the State where: | ||
(a) the applicant has no right to remain on the territory of the State in accordance with section 65 ; | ||
(b) the applicant has no right to remain on the territory of the State in accordance with section 189 or section 141 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time limit; | ||
(c) the applicant has no right to remain on the territory of the State in accordance with section 189 or section 141 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure. | ||
(6) The reference in this section to the Minister authorising an applicant to enter the State is a reference to an authorisation to enter the State under section 64 . |