Dealing with Applicant

Taking of fingerprints

A member of the Garda Síochána, or an immigration officer may—

for the purpose of establishing the identity of a person for any purpose of the 2015 Act, take or cause to be taken the fingerprints of an applicant,

for the purpose of checking whether the person has previously lodged an application for international protection in another Member State, take or cause to be taken the fingerprints of a person who—

• is not a citizen of a Member State,
• has attained the age of 14 years, and
• not having permission, under any enactment or rule of law, to be present or remain in the State, has been found in the State, or
• for the purpose of establishing whether the relevant circumstances referred to apply in relation to the person, take or cause to be taken the fingerprints of a person who is the subject of an application for international protection.

Fingerprints shall not be taken from a person who has not attained the age of 14 years, other than in the presence of—

• his or her parent, or another person who is taking responsibility for him or her, or
• where applicable, a person appointed by the Child and Family Agency to make an application on behalf of him or her.

An applicant who refuses to permit his or her fingerprints to be taken.

• shall be deemed, not to have made reasonable efforts to establish his or her identity, and
• shall be deemed to have failed to comply with the requirements .

Records

The Commissioner of the Garda Síochána shall arrange for the maintenance of a record of fingerprints taken. Every fingerprint of an applicant taken shall (if not earlier destroyed) be destroyed not later than 3 months after the person from whom it was taken—

• is first given, a permission to reside in the State, and complies with the appliciable requirements
• becomes an Irish citizen, or
• satisfies the Minister that he or she has acquired the citizenship or nationality of a Member State, or
• in any other case, not later than 10 years after the date on which it is taken.

“Member State” includes a state that participates in the Dublin Regulation by virtue of an agreement between the state and the European Union.

Detention of applicant

An immigration officer or a member of the Garda Síochána may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant—

• poses a threat to public security or public order in the State,
• has committed a serious non-political crime outside the State,
• has not made reasonable efforts to establish his or her identity,
• intends to leave the State and without lawful authority enter another state,
• has acted or intends to act in a manner that would undermine— the system for granting persons international protection in the State, or any arrangement relating to the Common Travel Area, or
• without reasonable excuse— has destroyed his or her identity or travel document, or is or has been in possession of a forged, altered or substituted identity document,

and an applicant so arrested may be taken to and detained in a prescribed place.

Before Court

A person detained shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

Where a person is brought before a judge of the District Court the judge may—

• if satisfied that one or more of the paragraphs above apply in relation to the person, commit the person concerned to a place of detention for a period not exceeding 21 days from the time of his or her detention, or
• release the person and make such release subject to conditions, including conditions requiring him or her to—
• reside or remain in a specified district or place in the State,
• report at specified intervals to a specified Garda Síochána station, or
• surrender any passport or other travel document that he or she holds.

If, at any time during the detention of a person  an immigration officer or a member of the Garda Síochána is of the opinion that none of the above provision  applies in relation to the person, the person shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and, if the judge is satisfied that none of the) applies in relation to the pe provisions above, the judge shall release the person.

Release

Where a person is released from a place of detention subject to one or more of the conditions above  a judge of the District Court assigned to the District Court district in which the person’s dwelling place is situated may, on the application of the person, an immigration officer or a member of the Garda Síochána, if the judge considers it appropriate to do so, vary, revoke or add a condition to the release.

The above shall not apply to a person who has not attained the age of 18 years. It shall apply to a person who has indicated that he or she has not attained the age of 18 years if and for so long as—

• not fewer than two members of the Garda Síochána or two immigration officers, or
• a member of the Garda Síochána and an immigration officer, on reasonable grounds, believe that the person has attained that age.

A member of the Garda Síochána may arrest without warrant and detain, in a place of detention, a person who, in the member’s opinion, has failed to comply with a condition imposed by the District Court. A person detained shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained.

If a judge of the District Court is satisfied in relation to a person brought before him or her has complied with the relevant conditions, – the judge shall order the release of the person.

Rights of Detained Persons

If, at any time during the detention of a person,the person indicates a desire to leave the State, he or she shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

The judge shall, if satisfied that—

• the person does not wish to proceed with his or her application for international protection and wishes to leave the State, and
• the person has obtained, or has been given the opportunity of obtaining or being provided with, professional legal advice on the consequences of his or her decision not to proceed with his or her application for international protection,

order the Minister to arrange for the removal of the person from the State and may include in the order such ancillary or consequential provisions as he or she may determine.

A person detained is entitled to—

• consult a legal representative,
• seek legal assistance and legal representation, (ab) be informed of his or her entitlements aa), and his or her right to make a complaint for Habeas Corpus under Article 40.4.2 of the Constitution and the procedures for doing so,
• be given a copy of the warrant under which he or she is being detained.
• have notification of his or her detention, the place of his or her detention and every change in that place sent to the High Commissioner and to another person reasonably nominated by the detained person for that purpose, and
• the assistance of an interpreter for the purpose of consultation with a legal representative and for the purpose of any appearance before a court.

Powers

An immigration officer or, as the case may be, a member of the Garda Síochána detaining a person shall, without delay, inform the person or cause him or her to be informed, in a language that he or she may reasonably be supposed to understand—

• that he or she is being detained
• that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released pending a determination of his or her application for international protection,
• of his or her entitlements and
• that he or she is entitled to leave the State at any time during the period of his or her detention and, if he or she indicates a desire to do so, he or she shall, in , be brought before a court as soon as practicable, and the court may make such orders as may be necessary for his or her removal from the State.

The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall also explain to a person detained in a language that the person may reasonably be supposed to understand, that, if he or she does not wish to exercise a right specified immediately, he or she shall not be precluded thereby from doing so later.

The immigration officer or, as the case may be, the member of the Garda Síochána concerned, shall notify the Minister and, if the person detained has appealed, the Tribunal, of the detention or release of a person under this provision.

The chief international protection officer or, as the case may be, the Tribunal, shall ensure that the examination of an application for international protection or the consideration of an appeal of a person detained shall be dealt with as soon as may be and, if necessary, before any such application or appeal of a person not so detained.

The Minister shall make regulations providing for the treatment of persons detained.