International Protection Act 2026
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Continued application and effect of Act of 2015 | ||
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289. The Act of 2015 is amended by the insertion of the following sections after section 2: | ||
“Continued application and effect of Act in relation to certain applications and appeals | ||
2A. Notwithstanding the repeal of section 15 effected by section 5 of the International Protection Act 2026, where an application is made in accordance with that section 15 before 12 June 2026, this Act shall, subject to the International Protection Act 2026 and the Qualification Regulation, continue to apply and have effect after the repeal in relation to— | ||
(a) the application, and | ||
(b) an appeal under Part 6 relating to such an application (including an appeal referred to in section 21(6)). | ||
Supplementary provisions in relation to continued application and effect of Act | ||
2B. (1) For the purposes of the continued application and effect of this Act in accordance with section 2A— | ||
(a) an international protection officer shall perform his or her functions under this Act, in particular the making of a recommendation under section 39(3), in accordance with the Qualification Regulation, and | ||
(b) the Tribunal shall perform its functions under this Act, in particular the determination of an appeal under Part 6 (including an appeal referred to in section 21(6)), in accordance with the Qualification Regulation. | ||
(2) For the purposes of Article 12(5) and Article 17(5) of the Qualification Regulation, an international protection officer and the Tribunal shall take into account a minor’s capacity to be considered responsible under criminal law in accordance with section 52 of the Children Act 2001 as if the minor had committed the crime concerned in the State.”. |