International Protection Act 2026
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Making a decision under section 86 | ||
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87. (1) Where a Minister makes a section 86 decision, he or she shall— | ||
(a) take the decision objectively and impartially on the merits of the individual case, | ||
(b) have regard to the individual circumstances of the applicant, especially with regards to whether the applicant has been assessed as having special reception needs under section 81 , | ||
(c) have regard to the principle of proportionality, | ||
(d) make the decision in writing and include in the decision the reasons on which it is based, and | ||
(e) ensure the applicant retains access to— | ||
(i) health care in accordance with section 80 , and | ||
(ii) a standard of living in accordance with Union law, including the Charter, and international obligations for all applicants. | ||
(2) A Minister who makes a section 86 decision in respect of an applicant shall inform the applicant of the decision by notice in writing. | ||
(3) A notice under subsection (2) shall state the reasons for the section 86 decision the subject of the notice. |