The International Protection Bill responds to 26 of the recommendations of the Working Group on Improvements to the

Protection Process
The Bill now responds to 26 of the Working Group's recommendations. The below list may be further enhanced when all amendments are approved by the
Houses of the Oireachtas.
Recommendation

Response

Solutions for the future to prevent long delays in the system - The International Protection Bill

The early enactment and implementation of a single procedure by way This recommendation is provided for under the general aims of the Bill.
The introduction of a single application procedure is specifically aimed at
of the International Protection Bill as a matter of urgency.
addressing the length of time persons spend in the protection process.
The new procedure will significantly streamline and speed up the
processing of protection applications and will reduce the length of time
that persons spend in the system.
Solutions for the future to prevent long delays in the system - Time Limit Measure
As an additional safeguard, an annual review of the system with a view
to making recommendations to guard against any future backlogs, e.g.
failure to provide adequate resources to all decision making bodies,

should take place

This recommendation is provided for under the general aims of the Bill.
The introduction of a single application procedure is specifically aimed at
addressing the length of time persons spend in the protection process.
The new procedure will significantly streamline and speed up the
processing of protection applications and will reduce the length of time
that persons spend in the system.

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Recommendation

Response

The review should also look at the option of reducing the 5 year mark in This recommendation is provided for under the general aims of the Bill.
The introduction of a single application procedure is specifically aimed at
future years as appropriate.
addressing the length of time persons spend in the protection process.
The new procedure will significantly streamline and speed up the
processing of protection applications and will reduce the length of time
that persons spend in the system.

Legal Framework

Where the State does not opt-in to an instrument for discreet reasons
(as above), the State should give full effect to the remaining provisions in
order to safeguard important common standards and to promote
consistency in the application of protection procedures and standards
across the EU.

The Bill will give further effect to the following EU Directives in the field
of international protection which are binding on Ireland:

- Council Directive 2001/55/EC of 20 July 2001 on minimum standards

for giving temporary protection in the event of a mass influx of displaced
persons and on measures promoting a balance of efforts between
Member States in receiving such persons and bearing the consequences

thereof.

- Council Directive 2004/83/EC of 29 April 2004 on minimum standards

for the qualification and status of third country nationals or stateless
persons as refugees or as persons who otherwise need international
protection and the content of the protection granted.

Council Directive 2005/85/EC of 1 December 2005 on minimum

standards on procedures in Member States for granting and withdrawing
refugee status.

Recommendation

Response

Legislating for the Best Interest of the Child

The International Protection Bill 2015 should reflect the general principle
contained in the Convention on the Rights of the Child that that the best
interests of the child be a primary consideration in all actions concerning
children.

We now have a constitutional provision that puts the best interests and
rights of the child very much to the centre. It recognises the child as an
individual. All legislation is subject to this provision and will be
interpreted accordingly.
Section 24 - Examination to determine the age of unaccompanied minor
(S. 24(6))
)

Section 35 - Applicants who are unaccompanied minors

Section 57 - Situation of Vulnerable persons (S. 57(2))
The International Protection Bill should clearly provide that all children Section 14 -Unaccompanied minor seeking international protection
have the right to lodge an application for international protection
directly or through a representative which, in the case of accompanied Section 15 - Application for international protection
children, may be the parent(s) if this is appropriate in the circumstances
Section 34- Personal interview
of the case.

Section 35 - Applicants who are unaccompanied minors

Section 57 -Situation of Vulnerable persons (S. 57(2))
In relation to separated children, work should be undertaken to clarify

Section 14- Unaccompanied minor seeking international protection

the position with regard to access to the protection process in practice

Section 24 - Examination to determine the age of unaccompanied minor
and age assessment procedures.
Section 57 - Situation of Vulnerable persons

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Recommendation

Response

The International Protection Bill 2015 should be further scrutinised to We now have a constitutional provision that puts the best interests and
ensure the rights of the child to be heard are given sufficient expression rights of the child very much to the centre. It recognises the child as an
individual. All legislation is subject to this provision and will be
and protection.
interpreted accordingly.
Section 14- Unaccompanied minor seeking international protection
Section 15- Application for international protection
Section 24 - Examination to determine the age of unaccompanied minor
(S. 24(6))
Section 34- Personal interview
Section 35 - Applicants who are unaccompanied minors

The International Protection Bill 2015 should contain a provision

requiring decision-makers who take decisions in relation to children and

Section 57 -Situation of Vulnerable persons

Section 34- Personal interview (S. 34(3)(a))

those who interview them to have received and continue to receive Section 35 - Applicants who are unaccompanied minors (S. 35(b))
appropriate procedural and substantive training.

Recommendation

Response

The International Protection Bill 2015 should provide that the rights of Section 35 - Applicants who are unaccompanied minors
the child as enumerated in the UN Convention on the Rights of the Child
are potentially relevant to evaluating a claim for refugee or subsidiary Section 57 -Situation of Vulnerable persons
j
protection status where the applicant is a child.
The International Protection Bill 2015 when drafted should ensure that Section 72 - Prioritisation (S. 72(1))
the Minister may continue to prioritise cases where appropriate by
reference to the age of the applicant, or his/her status as a separated

child.
Transparent and competitive recruitment procedures for the protection

Section 61- Membership of the Tribunal

determination bodies be maintained and further developed.

Provision to be made for open recruitment procedures and relevant
expertise in law.

Section 61 -Membership of the Tribunal

Training

Consideration be given to formalising in law the requirement that Section 34- Personal interview (S. 34(3)(a))
decision- makers be provided with sufficient and dedicated training
Section 35 - Applicants who are unaccompanied minors (S. 35(b))
adequate to their needs.
Section 62. Functions of chairperson of Tribunal (S.62(7))

Section 64. Role of members of the Tribunal (S.64(2)(h))

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Recommendation

Response

Special measures with regard to children

Good practice in relation to training and the provision of child-sensitive Section 34- Personal interview (S. 34(3)(a))
procedures should be maintained and developed further, particularly
Section 35 - Applicants who are unaccompanied minors (S. 35(b))
under a future single procedure.

In order to ensure that children have access to the protection process, Section 15 - Application for international protection (S.15 (3))

where an accompanied child has not made an application / has not been
included in a protection application by their parent/guardian, the law
should be amended to provide that the child be deemed to be an
applicant for protection.
A presumption that children are included in their parent/guardian's Section 15 - Application for international protection (S.15 (4))
application should apply, but in all cases the State and the applicant's
legal advisor/representative should assess whether this presumption is
appropriate. If not, the child should be deemed to have made an
application in their own name.

Identification of vulnerable applicants

Recommendation

Response

The continuance and further development across the system of a Section 57 -Situation of Vulnerable persons
method of prioritisation of cases for vulnerable applicants. This must
however be balanced with the need to be sensitive to the needs of Section 72 - Prioritisation (S. 72(1))
vulnerable applicants who in appropriate cases may need extra time, for
example, to allow for the disclosure of traumatic experiences or for
referral to appropriate psychological/social/health services or the
preparation of reports.
Assisted Voluntary Returns

Inclusion of specific provision for access to Assisted Voluntary Return at

all stages of the new single procedure and expansion of the time period
before issuance of a Deportation Order when Assisted Voluntary Return
can be availed of (5 days is envisaged in the General Scheme of the
International Protection Bill).
Swift implementation of an adequately resourced single procedure to
deliver quality decisions within a 12 month timeframe which will create
the conditions whereby Assisted Voluntary Return is more likely to be
availed of.

Section 47 - Option to voluntarily return fo the country of origin

This recommendation is provided for under the general aims of the Bill.
The introduction of a single application procedure is specifically aimed at
addressing the length of time persons spend in the protection process.
The new procedure will significantly streamline and speed up the
processing of protection applications and will reduce the length of time
that persons spend in the system.

Measures to address unenforced deportation orders

Introduce a legal power of entry for the purposes of enforcing a Section 74 - Amendment of Immigration Act 1999 (S. 74(11))
deportation order, possibly by way of the International Protection Bill to
this effect.

Recommendation

Response

Swift implementation of an adequately resourced single procedure

which creates the conditions whereby Assisted Voluntary Return may be
taken up by a greater proportion of persons and which includes
provisions to address the "trailing family member" and unregistered
child issues.

This recommendation is provided for under the general aims of the Bill.
The introduction of a single application procedure is specifically aimed at
addressing the length of time persons spend in the protection process.
The new procedure will significantly streamline and speed up the
processing of protection applications and will reduce the length of time
that persons spend in the system.

Institutional Arrangements
Continuity of personnel and institutional arrangements should be Section 60 - International Protection Appeals Tribunal
maintained as much as possible in order to safeguard institutional
memory and human capital.
Section 68 - Transitional provisions relating to declarations and
permissions under repealed enactments

Section 69 - Transitional provisions relating to caseloads under repealed

enactments

Section 70 -Transitional provisions relating to Refugee Appeals Tribunal

Careful transitional planning should be put in place to minimise any Section 60 - International Protection Appeals Tribunal
disruption in the transfer of responsibilities and the on-going processing
of applications.
Section 68 - Transitional provisions relating to declarations and
permissions under repealed enactments
Section 69 - Transitional provisions relating to caseloads under repealed
enactments

Recommendation

Response

Section 70 -Transitional provisions relating to Refugee Appeals Tribunal

Existing quality procedures and tools should be carried over to the
Department of Justice and Equality when it takes over responsibility for

Section 69 - Transitional provisions relating to caseloads under repealed

enactments

case processing from ORAC.

All staff must be suitably trained and appropriately skilled to carry out Section 34- Personal interview
protection determination work; no Department of Justice and Equality
staff should be transferred to do this work with being so qualified and Section 35 - Applicants who are unaccompanied minors
without undergoing appropriate training.
Section 69 - Transitional provisions relating to caseloads under repealed
enactments

Section 70 -Transitional provisions relating to Refugee Appeals Tribunal