International Protection Act 2026
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PART 14 Chief Inspector of Asylum Border Procedures | ||
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Chapter 1 Definitions (Part 14) | ||
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Definitions (Part 14) | ||
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257. In this Part— | ||
“Advisory Board” has the meaning assigned to it by section 265 ; | ||
“annual report” has the meaning assigned to it by section 269 ; | ||
“applicant” means an applicant for international protection who is located at a designated asylum border facility; | ||
“asylum border procedure” means the procedures and processes that apply to applicants subject to the asylum border procedure under Chapter 6 of Part 7 at the State’s borders who are not yet authorised to enter the territory of the State; | ||
“Charter” means the Charter of Fundamental Rights of the European Union; | ||
“complaint” means a complaint lodged by or on behalf of an applicant, located at a designated asylum border facility where— | ||
(a) the applicant located at a designated asylum border facility considers that there has been an infringement of his or her fundamental rights, and | ||
(b) the Chief Inspector is the competent supervisory authority in respect of the complaint; | ||
“data equipment” has the same meaning as it has in the Act of 2018; | ||
“designated asylum border facility” means— | ||
(a) a location designated by the Minister for the carrying out of the screening procedure, within the meaning of Part 2 , the asylum border procedure, within the meaning of Chapter 6 of Part 7 , or the return border procedure, within the meaning of Chapter 2 of Part 11 , or | ||
(b) any place whether on a land or sea frontier, including an approved port within the meaning of section 6 of the Act of 2004, where a person lands or arrives into the State and where an immigration officer is deployed by the Minister; | ||
“formal investigation” means an investigation, by the Chief Inspector, of a breach, or allegation of a breach, of fundamental rights in relevant activities in relation to the screening of applicants and asylum border procedures and includes the collection and analysis of evidence, the identification of causal factors and the making of recommendations, as necessary; | ||
“fundamental rights” means— | ||
(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, | ||
(b) the rights, liberties and freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, including the Charter with relevant international law, including the Geneva Convention, with the obligations related to access to international protection, in particular the principle of non-refoulement, and with fundamental rights and the Convention provisions within the meaning of the European Convention on Human Rights Act 2003 , and | ||
(c) without prejudice to the generality of paragraphs (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being— | ||
(i) inherent in persons as human beings, and | ||
(ii) necessary to enable a person to live with dignity. |