Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I move amendment No. 8:

In page 11, to delete lines 5 to 26 and substitute the following: “(2) A person shall cease to be an applicant on the date on which—

(a) subject to subsection (3), the Minister refuses—

(i) under subsection (2)or (3)of section 46to give the person a refugee declaration, or

(ii) under section 46(5)both to give a refugee declaration and to give a subsidiary protection declaration to the person,

(b) subject to subsection (3), he or she is first given, under section 53(1), a permission to reside in the State, or

(c) he or she is transferred from the State in accordance with the Dublin Regulation.

(3) Where—

(a) a recommendation referred to in section 38(3)(b)is made in respect of an applicant, and

(b) the applicant appeals under section 40(1)(a)against the recommendation,

notwithstanding the giving, under section 46(4)(a), of a subsidiary protection declaration to the applicant on the basis of the recommendation, he or she shall, for the purposes of this Act, remain an applicant until, following the decision of the Tribunal in relation to the appeal, the Minister, under section 46, gives or, as the case may be, refuses to give him or her a refugee declaration.”.

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