International Protection Act 2026
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Transitional provisions relating to repeals under section 5 | ||
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286. (1) A person who is a refugee in relation to whom a refugee declaration is in force and a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force under the Act of 2015, whether the declaration is given before, on or after 12 June 2026, shall on and after that date be considered to be a beneficiary of international protection for the purposes of the Qualification Regulation and this Act shall apply to that person accordingly. | ||
(2) Fingerprints taken under section 19 of the Act of 2015 before the date on which this subsection comes into operation shall, for the purpose of performance of functions under this Act, be considered to have been taken under this Act and this Act shall apply accordingly. | ||
(3) Where a person is detained under section 20 of the Act of 2015 immediately before the repeal of that section by section 5 , he or she shall, as soon as practicable— | ||
(a) be released, or | ||
(b) where an immigration officer or a member of An Garda Síochána, having carried out an individual assessment in relation to the applicant, is of the opinion that— | ||
(i) one or more of the grounds specified in section 112 exists, | ||
(ii) the other less coercive alternative measures provided for in section 113 cannot be applied effectively, and | ||
(iii) detention is necessary, | ||
be brought before a judge of the District Court assigned to the District Court district in which the person is being detained. | ||
(4) Where a person is brought before a judge of the District Court under subsection (3), subsection (1) and subsections (4) to (11) of section 118 shall apply as if the person had been brought before the judge under section 118 (3). | ||
(5) Where before the date of coming into operation of this subsection a subsequent application (within the meaning of the Act of 2015) is purported to have been made under the Act of 2015 in respect of which the Minister did not give consent under section 22 of the Act of 2015, section 22(16) of the Act of 2015 shall, on and after that date, continue to apply and have effect in relation to that subsequent application as if that section had not been repealed by section 5 . | ||
(6) Section 51C(5) of the Act of 2015 shall continue to apply and have effect after the date of coming into operation of this subsection subject to the modification that the person the subject of the return order referred to in that section shall be deemed to have made an application for international protection under Chapter 1 of Part 3 , and the provisions of this Act shall apply and have effect accordingly. | ||
(7) Where immediately before the repeal of section 52 of the Act of 2015 by section 5 a notice under subsection (4) of that section 52 has been sent to a person and the Minister has not before the repeal made a decision under subsection (7) of that section 52 in relation to the person, that section 52 shall continue to apply and have effect as if that section had not been repealed. | ||
(8) Notwithstanding the repeal of section 52 of the Act of 2015 by section 5 — | ||
(a) a decision of the Minister under section 52(7) to revoke a declaration (including a decision given where subsection (7) applies) shall be deemed to be a decision of the Minister under section 214 , | ||
(b) an appeal under section 52(8) of the Act of 2015 that is pending on the date on which this subsection comes into operation shall be determined in accordance with section 52 of the Act of 2015, and that section shall continue to apply and have effect accordingly, and | ||
(c) a decision of the Circuit Court under section 52(9) of the Act of 2015 shall be deemed to be a decision of the Circuit Court under section 215 . | ||
(9) A permission to reside in the State given under section 54 of the Act of 2015 or deemed to have been granted under section 69(2) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall, for the duration of its unexpired term, be deemed to be a permission given to the person under section 203 and this Act shall apply accordingly. | ||
(10) A travel document issued to a person under section 55 of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall, for the duration of its unexpired term, be deemed to be a travel document issued to the person under section 207 and this Act shall apply accordingly. | ||
(11) Where, before the date on which this subsection comes into operation, a person has made an application under section 55 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application— | ||
(a) the Act of 2015 shall continue to apply in respect of the application, and | ||
(b) where the Minister decides under that section to issue a travel document to the person, the document shall be deemed to be a travel document issued to the person under section 207 and this Act shall apply accordingly. | ||
(12) A permission to enter and reside in the State given to a person under section 56 of the Act of 2015 or deemed to have been given under section 69(5) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 205 and this Act shall apply accordingly. | ||
(13) Where, before the date on which this subsection comes into operation, a person has made an application under section 56 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application— | ||
(a) the Act of 2015 shall continue to apply in respect of the application, and | ||
(b) where the Minister decides under that section to give permission to the person who is the subject of the application to enter and reside in the State, the permission shall be deemed to be a permission given to the person under section 205 and this Act shall apply accordingly. | ||
(14) A permission to reside in the State given to a person under section 57 of the Act of 2015 or deemed to have been given under section 69(6) of the Act of 2015 that is in force immediately before the date on which this subsection comes into operation shall be deemed to be a permission given to the person under section 204 and this Act shall apply accordingly. | ||
(15) Where, before the date on which this subsection comes into operation, a person has made an application under section 57 of the Act of 2015 and, by that date, the Minister has not made a decision under that section in respect of the application— | ||
(a) the Act of 2015 shall continue to apply in respect of the application, and | ||
(b) where the Minister decides under that section to give permission to the person who is the subject of the application to reside in the State, the permission shall be deemed to be a permission given to the person under section 204 and this Act shall apply accordingly. | ||
(16) Information provided, or deemed to have been provided, to the Minister under the Act of 2015 or the European Union (Dublin System) Regulations 2018 before the date on which this subsection comes into operation shall, for the purpose of performance of functions under this Act, be considered to have been provided to the Minister under this Act and this Act shall apply accordingly. | ||
(17) A record held by the Minister under the Act of 2015 or the European Union (Dublin System) Regulations 2018, or deemed to be held by the Minister, before the date on which this subsection comes into operation shall, for the purpose of performance of functions under this Act, be considered to be held by the Minister under this Act and this Act shall apply accordingly. |