S.I. No. 409/2017 - European Union (Subsidiary Protection) Regulations 2017.

1. I, ................................................... A.B. do solemnly and sincerely declare that the following particulars stated in this statutory declaration are true and I make this solemn declaration conscientiously believing the same to be true and by virtue of the

Statutory Declarations Act 1938

.

2. I am a person to whom Regulation 3 of the European Union (Subsidiary Protection) Regulations 2017 applies.

3. I received a notification under regulation 4(1) of the Regulations of 2006 and did not make an application for subsidiary protection under those regulations within the period referred to in that paragraph.

4. Or [I received a notice under section 17(5) (as amended by Regulation 34 of the Regulations of 2013) of the Act of 1996, and did not make an application for a subsidiary protection declaration under the Regulations of 2013 within the period specified in the notice.]

5. After the expiry of the period for making an application for subsidiary protection referred to in paragraph 3 or 4, I did not make an application for subsidiary protection as I believed due to the expiry of the period I was no longer entitled to make an application.

6. Or [I made an application after the expiry of the period for making an application for subsidiary protection and the application was on the basis that the period had expired not considered or investigated under the Regulations concerned.]

7. I have not been granted refugee status or subsidiary protection in this State or any another Member State.

8. I am or I was present in the State on the date the European Union (Subsidiary Protection) Regulations 2017 came into operation - 2nd October 2017.

[Signed] A.B.

Declared before me .......................................... [name in capitals] a [notary public] [commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory provision] .......................................... to take and receive statutory declarations] by A.B.

[who is personally known to me],

or

[who is identified to me by C.D. who is personally known to me]

or

[whose identity has been established to me before the taking of this Declaration by the production to me of

passport no. [passport number] issued on [date of issue] by the authorities of [issuing state], which is an authority recognised by the Irish Government]

or

national identity card no. [identity card number] issued on [date of issue] by the authorities of [issuing state] [which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement]

or

[Aliens Passport no. (document equivalent to a passport) [passport number] issued on [date of issue] by the authorities of [issuing state] which is an authority recognised by the Irish Government]

or

refugee travel document no. [document number] issued on [date of issue] by the Minister for Justice and Equality]

or

travel document (other than refugee travel document) [document no.] issued on [date of issue] by the Minister for Justice and Equality

at.................................................[place of signature] this.........day of .....[date]

.....................................................

GIVEN under my Official Seal,

21 September 2017.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations provide for a 30 day timeframe from 2nd October 2017 for a person, who was refused refugee status under the

Refugee Act 1996

and who did not make an application for subsidiary protection within the 15 day timeframe provided for in the European Communities (Eligibility for Protection) Regulations 2006 and European Union (Subsidiary Protection) Regulations 2013, to make an application for subsidiary protection. The Regulations also amend the

Refugee Act 1996

to increase the timeframe for making an application for subsidiary protection from 15 to 30 days for persons whose applications are being determined under the 1996 Act.

1 OJ No. L304, 30.09.2004, p.12

2 OJ No. L 180, 29.06.2013, p.1

9. Section 70(7) of the Act of 2015 is amended in subparagraph (ii) by the substitution of “section 17(5)” for “section 17(7)”.

Amendment of Regulations of 2013

10. The Regulations of 2013 are amended—

(

a

) in Regulation 3—

(i) by the substitution, in paragraph (1)(

b

)(i), of “subject to Regulation 6 of the European Union (Subsidiary Protection) Regulations 2017, made” for “made”, and

(ii) by the substitution of “Child and Family Agency” for “Health Service Executive” in each place that it occurs, and

(

b

) in Regulation 19, by the substitution of “Child and Family Agency” for “Health Service Executive”.

Schedule 1

Form IPO (SP) 01

Application form for subsidiary protection declaration under the European Union (Subsidiary Protection) Regulations 2017.

1.1 Name

1.2 Address in the State

1.3 Person ID Reference No

1.4 Nationality

1.5 Date of Arrival in the State

1.6 PPS Number

1.7 Application(

s

) of dependent family member(

s

) included with your application

Name of Dependent Family Member

Family Connection (e.g. spouse, child etc)

Date of Birth

Nationality

Person ID Number

1.

2.

3.

4.

5.

6.

7.

2.1 Please indicate the basis on which “serious harm” as defined in the Regulations of 2013 is being claimed.

Tick one or more of the following, as appropriate:-

[ ] death penalty or execution.

[ ] torture or inhuman or degrading treatment or punishment of an applicant in the country of origin.

[ ] serious and individual threat to a civilians life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

2.2 Set out fully all of the grounds supporting the basis of your application for subsidiary protection and the application(

s

) of any dependant family member(

s

) in the State.

3.1 You are required to submit all documentary evidence available to you which supports your application for subsidiary protection in the State and the application (

s

) of any dependent family member (

s

). Are you enclosing any documentary evidence with your application for subsidiary protection?

Yes □ No □

If “yes” to the above, please list the documents being submitted in the space provided below.

3.2 If you are relying on any documentary evidence already submitted with your asylum claim, please list those documents in the space below. (

Note: any documentary evidence already submitted by you or on your behalf to the Office of the Refugee Application Commissioner/International Protection Office (IPO) or the Refugee Appeals Tribunal/International Protection Appeals Tribunal (IPAT) as part of your application for asylum does not require to be resubmitted.

)

3.3 If you cannot provide any documentary evidence to support your application for subsidiary protection and the application(

s

) of any dependent family member(

s

), you are required to provide an explanation as to why no such evidence can be provided.

I hereby declare that the above information and any material attached is true, accurate and up-to-date and is the full extent of my application for subsidiary protection in the State and, where appropriate, the application(

s

) of my dependent family member(

s

), under the European Union (Subsidiary Protection) Regulations 2017.

Signature of applicant: ______________

Date: ______________

Please return the attached form to

International Protection Office,

Timberlay House,

79-83 Lower Mount Street,

Dublin 2.

Schedule 2

STATUTORY DECLARATION

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

26

th September

, 2017.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), and for the purpose of giving further effect to Council Directive 2004/83/EC of 29 April 2004

1

and, in relation to Regulation 7 of the following regulations, Regulation (EU) No. 603/2013 of the European Parliament and of the Council of 26 June 2013

2

, hereby make the following regulations

Citation and commencement