International Protection Act 2026

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Amendment of section 5 of Illegal Immigrants (Trafficking) Act 2000

301. Section 5 of the Illegal Immigrants (Trafficking) Act 2000 is amended—

(a) in subsection (1)—

(i) in paragraph (ok), by the substitution of “ International Protection Act 2015 ,” for “International Protection Act 2015, or”,

(ii) by the insertion of the following paragraphs after paragraph (ok):

“(ol) a declaration by the Determining Authority under section 71 (2) of the International Protection Act 2026 that an application has been implicitly withdrawn,

(om) a transfer decision of the Minister under section 138 of the International Protection Act 2026,

(on) a decision of the Tribunal for Asylum and Returns Appeals under section 140 (9) or 141 (3) of the International Protection Act 2026,

(oo) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as inadmissible,

(op) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as unfounded or manifestly unfounded where the applicant is eligible for subsidiary protection but does not qualify as a refugee,

(oq) a decision of the Determining Authority under section 156 of the International Protection Act 2026 to reject an application as unfounded or manifestly unfounded where the applicant does not qualify as a refugee and is not eligible for subsidiary protection,

(or) a decision of the Determining Authority under section 163 (1) of the International Protection Act 2026 not to grant refugee status,

(os) a decision of the Tribunal for Asylum and Returns Appeals under section 189 (5) or 195 of the International Protection Act 2026,

(ot) a decision of the Minister under section 214 (1) of the International Protection Act 2026 to withdraw refugee status or under section 214 (2) of that Act to withdraw subsidiary protection status,

(ou) a return decision under Part 11 or an entry ban notice under section 217 of the International Protection Act 2026, or”,

and

(iii) in paragraph (p), by the substitution of “decision, declaration, determination, recommendation, refusal or order” for “decision, determination, recommendation, refusal or order”,

(b) in subsection (2), by the substitution of “decision, declaration, determination, recommendation, refusal” for “decision, determination, recommendation, refusal” in both places where it occurs, and

(c) in subsection (9)—

(i) in paragraph (a), by the substitution of “decision, declaration, determination, recommendation, refusal or order” for “decision, determination, recommendation, refusal or order” in both places where it occurs, and

(ii) in paragraph (c)—

(I) by the substitution of the following definition for the definition of “international protection”:

“ ‘international protection’ has the meaning it has in section 2 of the International Protection Act 2026;”,

and

(II) by the insertion of the following subparagraphs after subparagraph (va) of the definition of “relevant enactment”:

“(vb) the International Protection Act 2026,

(vc) the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ),”.