International Protection Act 2026

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Allocation of accommodation

76. (1) The Minister may allocate accommodation within the State to an applicant.

(2) The Minister may, where the Minister considers it necessary to do so, allocate accommodation to an applicant that is different to the accommodation previously allocated by the Minister to the applicant and shall ensure that the applicant has the opportunity to inform the applicant’s legal representative or legal counselling service (if any) of the address of the new accommodation.

(3) Other than where an applicant is detained under Part 5 , an applicant may choose to reside at the accommodation allocated to the applicant under this section or, subject to Part 5 , elsewhere in the State.

(4) The Minister may by regulations provide for the putting in place of mechanisms for the purpose of verifying whether an applicant is residing at accommodation allocated to the applicant under this section for the purpose of subsection (2) or (3) of section 75 and such regulations may provide for all or any of the following:

(a) mechanisms by which the person in charge of an accommodation centre or an officer of the Minister may verify whether the applicant is residing in the accommodation;

(b) mechanisms, including electronic mechanisms, by which the applicant may confirm that he or she is residing in the accommodation, including verification of the applicant’s identity by use of an identity card, password, or such personal data (within the meaning of the Data Protection Regulation) as may be prescribed;

(c) the processing (within the meaning of the Data Protection Regulation) of personal data for the purposes of verifying the identity of the applicant;

(d) suitable and specific measures to be taken to safeguard the fundamental rights and freedoms of data subjects in processing the data (which may include, in particular, the measures referred to in section 36(1) of the Act of 2018).

(5) The Minister shall have regard to the following matters when allocating accommodation to an applicant:

(a) where family members of the applicant are applicants and are present in the State, the maintenance, with the agreement of the applicant and the family member concerned, of family unity;

(b) gender and age-specific concerns;

(c) the special reception needs of the applicant (if any);

(d) where relevant, the efficient consideration of the applicant’s application;

(e) the need to ensure, in so far as possible, the prevention of assault and violence including violence committed with a sexual, gender, racist or religious motive.

(6) In allocating accommodation to a minor, the Minister shall ensure that the minor is accommodated with the minor’s parents or with the adult responsible under law for the minor and the minor’s unmarried minor siblings, provided it is in the best interests of the minor.

(7) The Minister may, exceptionally and subject to subsection (8), provide material reception conditions to an applicant that are different to those provided for in this section where—

(a) an assessment of an applicant’s needs is required to be carried out under section 81 , or

(b) the accommodation otherwise normally available for allocation to an applicant is temporarily exhausted and the contingency plan for the time being in place under section 282 is activated.

(8) The provision of material reception conditions in accordance with subsection (7) shall—

(a) be for as short a period as possible,

(b) ensure the applicant has access to health care in accordance with section 80 , and

(c) be in accordance with Article 20(10) of the Reception Conditions Directive.

(9) Where an applicant is availing of material reception conditions in an accommodation centre—

(a) the applicant shall be afforded sufficient facilities within the accommodation centre to ensure that the applicant can communicate with the applicant’s relatives or legal representatives, persons providing legal counselling, representatives of the High Commissioner and other relevant national, international and non-governmental organisations or bodies, and

(b) subject to subsection (10), family members and legal representatives of the applicant, persons providing legal counselling, representatives of the High Commissioner and other relevant non-governmental organisations shall have access to the accommodation centre in order to assist the applicant.

(10) The right of access referred to in subsection (9)(b) may be limited only on grounds relating to the security of the accommodation centre and of applicants.

(11) Where accommodation is allocated to an applicant, the Minister shall, without delay, inform the applicant in writing, in a language that the applicant understands or may reasonably be supposed to understand, of—

(a) the applicant’s obligations under the house rules of the accommodation, and the consequences of non-compliance with the house rules, and

(b) the contact details of the office of the Legal Aid Board and the Health Service Executive that services the area in which the accommodation is located.