International Protection Act 2026
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Exception from right to remain | ||
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68. Without prejudice to the principle of non-refoulement or to section 188 (3), an applicant shall not have the right to remain in the State where— | ||
(a) his or her application is— | ||
(i) a first subsequent application lodged merely in order to delay or frustrate the enforcement of a decision resulting in— | ||
(I) the application being rejected as inadmissible under section 157 (2), and | ||
(II) the applicant’s imminent removal from the State, | ||
or | ||
(ii) a second or further subsequent application following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded, | ||
or | ||
(b) the applicant— | ||
(i) is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or an international tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order, or | ||
(ii) is considered by the Minister to be a danger to public order or national security, without prejudice to Articles 12 and 17 of the Qualification Regulation. |