International Protection Act 2026
|
Exceptions to asylum border procedure | ||
|
183. (1) The Determining Authority shall only apply the asylum border procedure to an unaccompanied minor in the circumstances referred to in section 173 (4)(b). | ||
(2) Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Chapter 3 of Part 3 . | ||
(3) The Determining Authority shall not, or shall cease to, apply the asylum border procedure at any stage of the procedure where— | ||
(a) the Determining Authority considers that the grounds specified— | ||
(i) in section 157 for rejecting an application as inadmissible, and | ||
(ii) in section 173 for applying the accelerated examination procedure, | ||
are not, or are no longer applicable, | ||
(b) the necessary support cannot be provided to applicants with special reception needs, including minors, in accordance with the Reception Conditions Directive, at the locations referred to in section 184 , | ||
(c) the necessary support cannot be provided to applicants in need of special procedural guarantees in accordance with the Reception Conditions Directive at the locations referred to in section 184 , | ||
(d) there are relevant medical reasons for not applying the asylum border procedure, including mental health reasons, or | ||
(e) the guarantees and conditions for detention laid down in the Reception Conditions Directive are not, or are no longer, met and the asylum border procedure cannot be applied to the applicant without the use of detention. | ||
(4) In the circumstances referred to in subsection (3)(a), the Minister shall authorise the applicant to enter the State and apply the appropriate procedure provided for in Parts 3 and 7 . |