International Protection Act 2026

Prioritisation of examination of applications in asylum border procedure

177. (1) Subject to subsection (2), where the asylum border procedure is applied to minors and their family members, the Determining Authority shall give priority to the examination of their applications.

(2) Where the number of applicants exceeds the number that corresponds to the adequate capacity of the State, the Determining Authority shall prioritise the following categories of applications:

(a) applications of third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Act;

(b) applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are considered, on serious grounds, to pose a danger to the national security or public order of the State;

(c) without prejudice to paragraph (b), applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are not minors and their adult family members.

(3) The Minister may give priority to the examination of applications of persons specified in paragraph (a) to (c) of subsection (2) when the conditions for applying subsection (2) have not been met.