INTERNATIONAL PROTECTION AGENCY (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 595.36

INTERNATIONAL PROTECTION AGENCY

(ESTABLISHMENT) ORDER

7th August, 2020

LEGAL NOTICE 194 of 2020.

The title of this Order is International Protection Agency

(Establishment) Order.

In this Order, unless the context otherwise requires

"the Act" means the Public Administration Act;

"Agency" means the International Protection Agency

established by article 3;

"beneficiary of international protection" means the same

as the meaning given to it by article 2 of the International

Protection Act;

"Chief Executive Officer" means the same as the

meaning given to it by article 4 and includes to the extent and

authority given, any other person temporarily authorised in that

behalf by the Minister;

"international protection" means the same as the meaning

given to it by article 2 of the International Protection Act;

"Minister"

means

the

Minister

responsible

for

immigration;

"person eligible for subsidiary protection" means the

same as the meaning given to it by article 2 of the International

Protection Act;

"refugee" means the same as the meaning given to it by

article 2 of the International Protection Act.

(1)

There shall be an Agency, that shall be known as

the International Protection Agency hereinafter referred to as "the

Agency".

(2)

The Agency shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purposes of its operations and of suing and being

sued

Provided that and without prejudice to the provisions of

article 39 of the Act, the Minister responsible for immigration shall be

entitled to give directions in writing and the Agency shall be bound to

observe such directives.

(3)

The legal and judicial representation of the Agency shall

be vested in the Head International Protection Agency who shall have

the overall responsibility of the running of the Agency.

(4)

The Agency shall be subject to the provisions of the Act

and its employees shall uphold and promote public service values and

those specific to the role of the Agency.

(1)

There shall be a Chief Executive Officer

appointed by the Prime Minister, who shall have the overall

responsibility for the day-to-day running of the International

Protection Agency.

(2)

The Chief Executive Officer shall report on a regular

basis to the Minister on the day-to-day running of the International

Protection Agency and related matters.

(3)

There shall be such number of Deputy to the Chief

Executive Officer of the International Protection Agency (hereinafter

referred to as Deputy to the Chief Executive Officer) as the Prime

Minister may by notice in the Gazette from time to time determine.

(4)

The Deputy to the Chief Executive Officer shall be

appointed by the Prime Minister from among public officers and from

among persons who in each case, in the opinion of the Prime Minister,

have knowledge and experience in matters relating to refugees.

(5)

The Deputy to the Chief Executive Officer shall under

the general direction of the Chief Executive Officer have such

functions and powers as are conferred on the Head by this Act, and are

assigned to each of them by the Head, including the function and

power to examine applications for refugee status, and any reference in

this Act, other than in this article, to the Head shall be deemed to

include also reference to a Deputy Head in the exercise of any function

assigned to him by the Head.

(1)

The Agency shall enter into an Agency

Performance Agreement with the Minister with a view to determining

the funding of the Agency, the targets it is expected to meet, as well as

the tasks to be addressed and achieved.

(2)

The Agency Performance Agreement may cover one (1)

or more years and shall be renewable in accordance with such

directives and guidelines as the Principal Permanent Secretary may

issue governing the development of the Agency Performance

Agreement.

(1)

The Agency shall draw up yearly estimates for

each financial year and submit them for consideration of the Minister

in accordance with norms and practices established by the Minister

responsible for finance.

(2)

The Agency shall be paid by the Government out of the

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan.

(3)

In the conduct of its affairs, the Agency may levy fees for

services rendered by it which shall as far as possible, be used for the

on-going upkeep and maintenance of the Agency

Provided that no fees shall be levied in respect of the

filing of an international protection application or for the issuing of

documentation attesting the holder’s status as an asylum seeker or a

beneficiary of international protection. Fees may only be levied on the

re-issue of such documents in the event that the holder has lost or

mislaid the documents originally issued to him.

(4)

The Minister may, after consultation with the Minister

responsible for finance give such directives with a view to applying

any excess of revenue over expenditure to the formation of reserve

funds that shall be used for the purposes of the Agency.

(5)

Without prejudice to the generality of the powers given

by the Minister under sub-article (4), any direction given by the

Minister may order the transfer to the Government, or the application

in such manner as may be specified in the directive, of any part of the

fees, rates and other payments levied in accordance with sub-article (3)

or any such excess as aforesaid.

(6)

Any funds of the Agency not immediately required to

meet expenditure may be invested in such manner as may from time to

time be approved by the Minister with the concurrence of the Minister

responsible for finance.

(1)

The Agency shall keep proper books of account

and other records in respect of its operations and shall cause to be

prepared a statement of accounts in respect to each financial year.

(2) Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of the

Minister responsible for finance and the Minister

Provided that the Minister responsible for finance, may

after consultation with the Minister, require moreover that the books

and accounts of the Agency be audited or examined by the Auditor

General who shall for this purpose have the powers to carry out such

physical checking and any other certification as he may deem

necessary.

(1)

The Agency shall, not later than six (6) weeks

after the end of each financial year, present to the Minister a report

dealing generally with the activities of the Agency during that

financial year and containing an audited statement of accounts

together with such information relating to the proceedings and

workings of the Agency to fulfil its functions and future plans.

(2)

The report mentioned in sub-article (1) shall be laid on

the Table of the House by the Minister not later than six (6) weeks

after its receipt, or where the said House is during the period not in

session, not later than the second week after the House resume its

sittings.

(1)

Without prejudice to the other provisions of this

Order, the appointment of officers and other employees of the Agency

shall be made by the Agency. The terms and conditions of employment

shall be established by the Agency with the concurrence of the

Minister in accordance with the provisions of the Public

Administration Act, the International Protection Act and any

subsidiary legislation made thereunder.

(2)

The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with sub-article (1) determine, such officers and

employees of the Agency as may be necessary for the due and efficient

discharge of the function of the Agency in compliance with established

Government procedures

Provided that all employees having an employment

contract with the Office of the Refugee Commissioner on the date of

the coming into force of this Order shall be taken over by the Agency

in terms of article 38 of the Employment and Industrial Relations Act

and become employees of the Agency.

(1)

The Prime Minister may at the request of the

Agency from time to time direct that any public officer shall be

detailed for duty with the Agency in such capacity and with effect

from such date as may be specified in the said directive

Provided that, the Prime Minister may at any time revoke

such directive.

(2)

When any public officer is detailed for duty with the

Agency, such officer shall, during the time in which such directive is

in force, be under the administrative direction and control of the

Agency but shall otherwise remain, and retain all rights and duties as,

a public officer, and for the purposes of any law relating to

Government service pensions, service with the Agency shall be

deemed to be service with the Government.

(3)

Any public officer serving in the Agency on the date of

the coming into force of this Order shall from such date be deemed to

have been detailed by directive of the Prime Minister for duty with the

Agency as a Government agency under article 8, and thereupon the

provisions of the same article shall apply to such officer who shall

continue to be detailed for duty as aforesaid until such time as the

Prime Minister may revoke such directive as provided in sub-article

(1)

Provided that when the Prime Minister revokes any

directive as aforesaid, the officer in whose respect the directive is

revoked shall retain such grade in the public service which he held

immediately before being detailed for duty with the Agency as a

Government agency by virtue of this Order or shall occupy such other

higher grade which he would have occupied had he not been detailed

as aforesaid.

(1)

When anything has been commenced by or under

the authority of the Government prior to the date of the coming into

force of this Order, and such thing relates to any one (1) of the

properties or undertakings or any right or liability transferred to the

Agency by or under this Order, such thing may be carried on and

completed by or as authorised by the Agency.

(2)

When, immediately before the coming into force of this

Order, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any one

(1) of the properties or undertakings, or any right or obligation or

liability transferred by or under this Order to the Agency, the Agency

shall, as from the aforesaid date, be substituted in such proceedings for

the Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not be

abated by reason of the substitution.