STATUTORY INSTRUMENT

S.I. No. 426 of 2002

Refugee Act 1996 (Temporary Residence Certificate) Regulations 2002

Published by the Stationery Office, Dublin

To be purchased direct from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

or through any bookseller.

S.I. No. 426 of 2002

Refugee Act 1996 (Temporary Residence Certificate) Regulations 2002

I, Michael McDowell TD. Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 23 of the Refugee Act 1996 ( No. 17 of 1996 ). as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), hereby make the following Regulations:

1.--(1) These Regulations may be cited as the Refugee Act 1996 (Temporary Residence Certificate) Regulations 2002.

(2) These Regulations shall come into operation on 19 August 2002.

2.--In these Regulations--

“the Act” means No. 17 of 1996 ):

“application” means an application for asylum within the meaning of section 22(10) of the Act;

“certificate” means a temporary residence certificate under section 9(3) of the Act.

3.-- The Refugee Act 1996 (Temporary Residence Certificate) Regulations 2000 ( S.I. No. 346 of 2000 ) are hereby revoked.

4.--A certificate shall, in addition to the particulars referred to in section 9(3) of the Act, contain the following particulars:

(a) the nationality and sex of the person to whom it is given,

(b) the date of issue,

(c) the date of expiry,

(d) a unique number,

(e) a record in electronic form of the fingerprints, taken under section 9A of the Act, of the person to whom it is given,

(f) a statement that the certificate is the property of the Minister, and

(g) a statement that the certificate is not a document establishing the nationality or identity of the holder.

5.--(1) Subject to paragraph (2), a certificate given to a person shall remain in force for such period as may be specified therein.

(2) Where, in the case of a person who is the holder of a certificate that is in force--

(a) the application of the person is transferred to a convention country,

(b) the application of the person is withdrawn or deemed to be withdrawn, or

(c) a notice is sent to the person under section 17(5) of the Act,

then the certificate shall no longer be in force and the person to whom it was given shall surrender it to the Commissioner as soon as may be.

Explanatory Note

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

These Regulations set out details of additional information to be included in the Temporary Residence Certificate which is to be issued to each asylum-secker under section 9(3)(a) of the Refugee Act 1996 . They replace the earlier Regulations ( S.I. No. 346 of 2000 ) in that regard.