Reception of Asylum Seekers (Amendment) Regulations, 2021

L.N. 487 of 2021

INTERNATIONAL PROTECTION ACT

(CAP. 420)

Reception of Asylum Seekers (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 25 of the

International Protection Act, the Minister for Home Affairs, National

Security and Law Enforcement has made the following regulations:-

(1) The title of these regulations is the Reception of Citation and

Asylum Seekers (Amendment) Regulations, 2021 and these scope.

regulations shall be read and construed as one with the Reception of S.L. 420.06.

Asylum Seekers Regulations, hereinafter referred to as "the principal

regulations".

(2)

The scope of these regulations is to transpose

(a) Directive 2013/32/EU of the European Parliament

and of the Council of 26 June 2013 on common procedures for

granting and withdrawing international protection (recast);

(b) Directive 2011/95/EU of the European Parliament

and of the Council of 13 December 2011 on standards for the

qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status for

refugees or for persons eligible for subsidiary protection, and for

the content of the protection granted (recast); and

(c) Directive 2013/33/EU of the European Parliament

and of the Council of 26 June 2013 laying down standards for the

reception of applicants for international protection (recast).

Sub-regulation (2) of regulation 1 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations

"(2) The scope of these regulations is to transpose

(a) Directive 2013/32/EU of the European

Parliament and of the Council of 26 June 2013 on

common procedures for granting and withdrawing

international protection (recast);

(b) Directive 2011/95/EU of the European

Parliament and of the Council of 13 December

2011 on standards for the qualification of third-

country nationals or stateless persons as

beneficiaries of international protection, for a

uniform status for refugees or for persons eligible

for subsidiary protection, and for the content of the

protection granted (recast);

(c) Directive 2013/33/EU of the European

Parliament and of the Council of 26 June 2013

laying down standards for the reception of

applicants for international protection (recast).".

Regulation 6 of the principal regulations shall be amended

as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) the words "The Principal Immigration Officer

may, without prejudice to any other law, order the detention

of an applicant for one or more of these reasons, pursuant

to an assessment of the case:" shall be substituted by the

words "Without prejudice to any other law, the Principal

Immigration Officer may, when it proves necessary and if

other less coercive measures cannot be applied effectively,

order the detention of an applicant for one or more of these

reasons, pursuant to an individual assessment of the case:";

and

(ii) in paragraph (f) thereof, the words "stateless

person." shall be substituted by the words "stateless

person:" and immediately thereafter there shall be added

the following new proviso

"Provided that administrative procedures

relevant to the grounds for detention set out in this

regulation shall be executed with due diligence."; and

(b) immediately after sub-regulation (8) thereof there

shall be added the following new sub-regulation

"(9) An applicant shall not be detained for the sole

reason that he is an applicant for international protection.".

Regulation 6A of the principal regulations shall be Amends

regulation 6A of

amended as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Whenever an applicant is detained in

accordance with regulation 6, he shall be detained in a

specialised detention facility, which facility shall not be

utilised as a place of detention for sentenced persons. In the

eventuality that an applicant has to be detained in a facility

for the detention of sentenced persons he shall be kept

separate from inmates who are not detained pursuant to

regulation 6 and the detention conditions provided for in

these regulations shall apply

Provided that minors shall never be detained in

a facility utilised as a place of detention for sentenced

persons."; and

(b) sub-regulation (6) thereof shall be substituted by the

following new sub-regulation

"(6) The management of specialised detention

facilities or facilities for the detention of sentenced

persons shall systematically provide to applicants in

detention information concerning the rules of the facility,

their rights and their obligations in a language in which

they understand or are reasonably supposed to

understand

Provided that temporary derogations under

this regulation may be authorised only in duly justified

cases and for a reasonably short period of time, in the

event that the applicant is detained at a border post or in a

transit zone.".

Immediately after sub-regulation (3) of regulation 10 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(4) An applicant may have access to vocational training

provided that he has access to the labour market within the

meaning of this regulation.An applicant may also have access to

a validation procedure of non-formal and informal learning,

assessing and certifying the knowledge, skills and competences

which individuals develop throughout their lives by means of

participation in non-formal and informal learning.".

Sub-regulation (1) of regulation 14 of the principal

regulations shall be substituted by the following new sub-regulation

"(1) (a)

In the implementation of the provisions

relating to material reception conditions and health care,

including mental health, account shall be taken of the

specific situation of vulnerable persons who shall include

minors, unaccompanied minors, disabled people, elderly

people, pregnant women, single parents with minor

children, victims of human trafficking, persons with

serious illnesses, persons with mental disorders and

persons who have been subjected to torture, rape or other

serious forms or psychological, physical or sexual

violence, such as victims of female genital mutilation,

found to have special needs after an individual evaluation

of their situation

For the purposes of this regulation, the entity

for the welfare of asylum seekers shall assess in

conjunction with other authorities as necessary, whether

the applicant is an applicant with special reception needs

and shall also indicate the nature of such needs. This

assessment shall be initiated within a reasonable period

of time after an application for international protection

has been lodged.

(b) The entity for the welfare of asylum seekers

shall also ensure that support is being provided to

applicants with special reception needs, taking into

account their special reception needs throughout the

duration of the asylum procedure, whilst conducting

appropriate monitoring of their situation.

(c) Minors who have been victims of any form of

abuse, neglect, exploitation, torture or cruel, inhuman

and degrading treatment or who have suffered from

armed conflicts shall be given access to pertinent

rehabilitation services in terms of the Victims of Crime

Act, further to being provided with the required mental

health care.

For the purposes of this provision an evaluation by

the entity responsible for the welfare of asylum seekers,

carried out in conjunction with other authorities as

necessary shall be conducted as soon as practicably

possible

Provided that applicants identified as minors

shall not be detained, except as a measure of last resort

Provided further that applicants who claim to

be minors shall not be detained, except as a measure of

last resort, unless the claim is evidently and manifestly

unfounded.".

Regulation 15 of the principal regulations shall be Substitutes

regulation 15 of

substituted by the f.ollowing new regulation

the principal

regulations.

"15. (1) The entity for the welfare of

asylum seekers shall as soon as possible take

measures to ensure that the unaccompanied

minor is represented and assisted by a

representative and the provisions of regulation

18 of the Procedural Standards for Granting and

Withdrawing

International

Protection

Regulations regarding unaccompanied minors

shall apply.

(2) An unaccompanied minor shall be

accommodated in centres specialised in

accommodation for minors in accordance with

the provisions of regulation 18 of the Procedural

Standards for Granting and Withdrawing

International Protection Regulations.

(3) An unaccompanied minor aged

sixteen years or over may be placed in

accommodation centres for adult asylum seeker.

(4) The entity for the welfare of asylum

seekers shall proceed with the tracing of the

family members of the unaccompanied minor, if

necessary with the assistance of international or

other relevant organisations and as soon as

possible after an application for international

protection is made, whilst acting in the best

interests of the minor

Provided that, in cases where there

may be a threat to the life or integrity of the

minor or his close relatives, particularly if they

have remained in the country of origin, care

must be taken to ensure that the collection,

processing and circulation of information

concerning those persons is undertaken on a

confidential basis, so as to avoid jeopardising

their safety.

(5) The entity for the welfare of asylum

seekers shall ensure that persons working with

unaccompanied minors have received and shall

continue to receive appropriate training

concerning their needs, and shall be bound by

the confidentiality rules in relation to any

information they obtain in the course of their

work.".

€0.54