International Protection Act 2026
|
Lodgement of application | ||
|
40. (1) Subject to section 37 (3) and subsections (3) to (7), an applicant shall lodge his or her application with the Minister by— | ||
(a) attending a place on a date and, where communicated, time specified by the Minister, and | ||
(b) at that place providing information to the Minister, which shall be recorded in the applicant’s international protection application form. | ||
(2) Where practicable, the lodgement shall take place at the same time as the registration of an application. | ||
(3) An application may be lodged on behalf of an applicant who is a minor— | ||
(a) by the minor’s parent or such other adult who has responsibility for the care and protection of the minor, or | ||
(b) in the case of an unaccompanied minor, by a provisional representative person or a representative person. | ||
(4) Where an application is lodged on behalf of a minor in accordance with subsection (3), the requirement under subsection (1) to attend a specified place for the purpose of lodging the application shall apply both to the minor and to the person who is lodging the application on behalf of the minor except where there are justified reasons for which the minor is unable or unfit to be present. | ||
(5) An application shall be deemed to have been lodged on behalf of an applicant who is a minor where the parent of, or such other adult who has responsibility for the care and protection of, the minor lodges an application under subsection (1) and the minor is present at the lodgement of the application. | ||
(6) Where section 38 applies in respect of a person, the requirement under subsection (1) to lodge an application in person shall not apply where there are justified reasons for which the person is unable or unfit to be present and where such reasons exist, it shall be sufficient for the person who is lodging the application on his or her behalf in accordance with section 38 (2) to attend a place on a date and, where communicated, time, specified by the Minister for the purpose of lodging the application. | ||
(7) Where an applicant cannot comply with subsection (1) due to imprisonment or long term hospitalisation, the Minister shall make alternative arrangements for the lodgement of the application. | ||
(8) An applicant shall be provided with the services of an interpreter when lodging his or her application whenever appropriate communication cannot be otherwise ensured. | ||
(9) Following the lodgement of an application, the Minister shall inform the applicant as soon as practicable in relation to how his or her application will be examined under Part 7 . | ||
(10) The Minister shall notify the High Commissioner in writing of the lodgement of an application. | ||
(11) A notification under subsection (10) shall include— | ||
(a) the name of the applicant, | ||
(b) the applicant’s country of origin, and | ||
(c) such other information as the Minister considers appropriate. | ||
(12) The type of information to be included in an international protection application form under section 39 and subsection (1)(b) shall be specified by the Minister and published on a website maintained by or on behalf of the Minister or the Government. |