Deportation & Return
INTERNATIONAL PROTECTION ACT
Section 51
Deportation order
51. (1) Subject to section 50, the Minister shall make an order under this section (“deportation order”) in relation to a person where the Minister—
(a) has refused under section 47 both to give a refugee declaration and to give a subsidiary protection to the person, and
(b) is satisfied that section 48(5) does not apply in respect of the person, and
(c) has refused under section 49(4) to give the person a permission under that section.
(2) A deportation order shall require the person specified in the order to leave the State within such period as may be specified in the order and thereafter to remain out of the State.
(3) Where the Minister makes a deportation order, he or she shall notify the person specified in the order of the making of the order and of the reasons for it and, where necessary and possible, the person shall be given a copy of the notification in a language that the person understands.
(4) A deportation order made under this section shall be deemed to be a deportation order made under section 3(1) of the Act of 1999, and accordingly—
(a) that Act (other than subsections (2), (3), (4), (5), (6), (7), (8), (9)(b) and (12) of section 3) shall apply to the deportation order,
(b) a reference in section 3(9)(a) of that Act to a notification under subsection (3)(b)(ii) of that section shall be construed as including a reference to a notification under subsection (3), and
(c) references in any enactment to a deportation order made under the Act of 1999 shall be construed as including references to a deportation order made under this section.
(5) A deportation order shall be in the form prescribed or in a form to the like effect.
Annotations
Editorial Notes:
E28
Power pursuant to subs. (5) exercised (31.12.2016) by International Protection Act 2015 (Deportation) Regulations 2016 (S.I. No. 668 of 2016), in effect as per reg. 1(2).
Section 51A
F14[
Return order
51A. (1) Subject to section 50A, the Minister shall by order (in this Act referred to as a “return order”) require a person whose application for international protection has been determined under section 21(11) to be inadmissible to leave the State.
(2) Where subsection (1) applies, the person specified in the return order may be returned:
(a) where the circumstances referred to in section 21(2)(a) apply in relation to him or her, to the Member State that has granted refugee status or subsidiary protection to the person;
(b) where the circumstances referred to in section 21(2)(b) apply in relation to him or her, to the first country of asylum for the person;
(c) where the circumstances referred to in section 21(2)(c) apply in relation to him or her, to the safe third country that is a safe country for the person.
(3) Where the Minister makes a return order, he or she shall notify the person specified in the order and his or her legal representative (if known) of the making of the order.
(4) A notification under subsection (3) shall be in a language that the person concerned may reasonably be supposed to understand, where—
(a) the person is not assisted or represented by a legal representative, and
(b) legal assistance is not available to the person.
(5) A return order shall be in the form prescribed or in a form to the like effect.]
Annotations
Amendments:
F14
Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.
Editorial Notes:
E29
Power pursuant to subs. (5) exercised (1.01.2021) by International Protection Act 2015 (Return Order) Regulations 2020 (S.I. No. 726 of 2020), in effect as per reg. 1(2).
Section 51B
F15[
Return of person subject of return order
51B. (1) An immigration officer or a member of the Garda Síochána may, for the purpose of facilitating the return of a person the subject of a return order, by notice in writing require the person to comply with one or more of the following conditions:
(a) that he or she present himself or herself to such immigration officer or member of the Garda Síochána at such date, time and place as may be specified in the notice;
(b) where, and only for so long as, it is reasonably necessary to facilitate his or her return, that he or she surrender his or her passport and any other travel document that he or she holds;
(c) that he or she co-operate in any way necessary to enable an immigration officer or a member of the Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such return;
(d) that he or she reside or remain in a particular place in the State pending his or her return.
(2) A notice under subsection (1) shall be in a language that the person concerned may reasonably be supposed to understand.
(3) A person the subject of a return order shall comply with a requirement under subsection (1).
(4) Where an immigration officer or a member of the Garda Síochána considers that there is a significant risk of a person the subject of a return order absconding, the officer or member (“arresting officer or member”) may, for the purpose of facilitating the return of the person, arrest the person without warrant and a person so arrested may be taken by an immigration officer or a member of the Garda Síochána to a prescribed place (in this section referred to as a “place of detention”) and detained—
(a) in the place of detention under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of the place, and
(b) for a period not exceeding 7 days.
(5) For the purpose of arresting a person under subsection (4), an immigration officer or member of the Garda Síochána may enter (if necessary by use of reasonable force) and search any premises (including a dwelling) where the person is or where the immigration officer or member, with reasonable cause, suspects the person to be and, where the premises is a dwelling, the immigration officer or member shall not, unless acting with the consent of an occupier of the dwelling or other person who appears to the immigration officer or member to be in charge of the dwelling, enter that dwelling unless—
(a) the person ordinarily resides at the dwelling, or
(b) he or she believes on reasonable grounds that the person is within the dwelling.
(6) The matters to which an officer or member referred to in subsection (4) may have regard, in considering for the purposes of that subsection whether there is a significant risk of a person the subject of a return order absconding, include the following:
(a) whether the person, in the purported discharge of his or her duty to establish his or her identity, has misrepresented or omitted facts, whether or not by the use of false documents;
(b) whether the person has failed to comply with a requirement under subsection (1);
(c) whether the person, having been informed of arrangements for his or her return, has failed to co-operate with those arrangements;
(d) whether the person has explicitly expressed an intention not to comply with arrangements for his or her return;
(e) whether the person has previously failed to comply with the law of the State, or of another state, relating to the entry or presence of foreign nationals in the State or, as the case may be, that state.
(7) Subject to subsection (8), subsections (4) and (5) shall not apply to a person the subject of a return order who is under the age of 18 years.
(8) If and for so long as an immigration officer or member of the Garda Síochána concerned has reasonable grounds for believing that the person the subject of a return order is not under the age of 18 years, the provisions of subsections (4) and (5) shall apply as if the person had attained the age of 18 years.
(9) The Minister may, in order to facilitate the return of a person the subject of a return order, issue to the person a laissez-passer or such other travel document as the Minister considers appropriate.
(10) An immigration officer or member of the Garda Síochána may, for the purpose of the return, detain a person the subject of a return order in accordance with subsection (11) and place him or her on a vehicle that is about to leave the State and the person shall be deemed to be in lawful custody while so detained and until the vehicle leaves the State.
(11) A person who is detained under subsection (10) may, for the purposes of that subsection, be detained—
(a) for a period not exceeding 7 days, in a place of detention,
(b) for a period or periods each not exceeding 12 hours, in a vehicle, for the purpose of bringing the person to the port from which the vehicle referred to in subsection (10) is due to leave the State, or
(c) for a period or periods each not exceeding 12 hours, within the port referred to in paragraph (b).
(12) The master or person in charge of a vehicle that is about to leave the State shall, if so directed by an immigration officer or member of the Garda Síochána, receive a person the subject of a return order on board the vehicle and afford the person so received proper accommodation and maintenance during the journey concerned.
(13) A reference in this section and section 51C to the return of a person is a reference to his or her return in accordance with section 51A(2).]
Annotations
Amendments:
F15
Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.
Editorial Notes:
E30
Power pursuant to subs. (4) exercised (1.01.2021) by International Protection Act 2015 (Section 51B) (Places of Detention) Regulations 2020 (S.I. No. 727 of 2020), in effect as per reg. 1(2).
Section 51C
F16[
Period of validity of return order
51C. (1) A person the subject of a return order may, while the order is in effect, be returned in accordance with section 51A(2).
(2) A return order shall, other than where subsection (3) or (4) applies, remain in effect for a period of 6 months from the date on which notification (referred to in section 51A(3)) of the return order is sent.
(3) Where a person the subject of the return order absconds in the period referred to in subsection (2), the order shall remain in effect for a period of 12 months from the date on which notification (referred to in section 51A(3) ) of the return order is sent.
(4) Where a person the subject of the return order brings an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) of the return order and the High Court suspends the operation of the order pending the determination of the application, the order shall remain in effect for a period of 6 months from the date of the final determination (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal) of the application concerned.
(5) Where—
(a) a return order ceases in accordance with this section to have effect on a particular date (in this section referred to as the “relevant date”), and
(b) by the relevant date the person the subject of the order has not been returned,
he or she shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date immediately following the relevant date, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.
(6) The Minister shall as soon as practicable on or after the date immediately following the relevant date—
(a) send the person concerned, and his or her legal representative (if known), a notice in writing—
(i) informing him or her of the effect of subsection (5), and
(ii) inviting the person to complete, in respect of his or her application referred to in subsection (5), the form prescribed under section 15(5),
and
(b) give or cause to be given to the person a statement under section 18(1).]
Annotations
Amendments:
F16
Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 121, S.I. No. 693 of 2020, subject to transitional provision in s. 116.
Section 52
Revocation of refugee declaration or subsidiary protection declaration
52. (1) The Minister shall, in accordance with this section, revoke a refugee declaration given to a person if satisfied that—
(a) the person should have been or is excluded from being a refugee under section 10,
(b) the person has, in accordance with section 9, ceased to be a refugee, or
(c) misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person a refugee declaration.
(2) The Minister may, in accordance with this section, revoke a refugee declaration given to a person if satisfied that—
(a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or
(b) the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.
(3) The Minister shall, in accordance with this section, revoke a subsidiary protection declaration given to a person if satisfied that—
(a) the person should have been or is excluded from being eligible for subsidiary protection under section 12,
(b) the person has, in accordance with section 11, ceased to be eligible for subsidiary protection, or
(c) misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person a subsidiary protection declaration.
(4) Where the Minister proposes, under subsection (1), (2) or (3), to revoke a declaration, he or she shall send a notice in writing of his or her proposal and of the reasons for it to the person concerned, which notice shall include a statement of the person’s entitlement under subsection (6) to make representations in writing to the Minister in relation to the proposal.
(5) Where the Minister sends a notice under subsection (4) to a person, he or she shall at the same time send a copy thereof to the person’s legal representative (if known) and to the High Commissioner.
(6) A person who has been sent a notice of a proposal under subsection (4) may, within 15 working days of the sending of the notice, make representations in writing to the Minister in relation to the proposal.
(7) The Minister shall—
(a) before deciding to revoke a declaration under this section, take into consideration any representations made to him or her in accordance with subsection (6), and
(b) where he or she decides to revoke the declaration under this section, send a notice in writing of his or her decision and of the reasons for it to the person concerned, which notice shall include a statement of the person’s entitlement under subsection (8) to appeal.
(8) A person to whom a notice under subsection (7)(b) is sent may, within 10 working days from the date of the notice, appeal to the Circuit Court against the decision of the Minister to revoke the declaration.
(9) The Circuit Court, on the hearing of an appeal under subsection (8), may, as it thinks proper—
(a) affirm the decision of the Minister, or
(b) direct the Minister not to revoke the declaration.
(10) A decision to revoke a declaration shall take effect—
(a) where no appeal to the Circuit Court is brought against the decision of the Minister, on the date on which the period specified in subsection (8) for making such an appeal expires, or
(b) where an appeal to the Circuit Court is brought against the decision of the Minister—
(i) from the date on which the Circuit Court, under subsection (9)(a), affirms the decision, or
(ii) from the date on which the appeal is withdrawn.
(11) In this section “declaration” means a refugee declaration or a subsidiary protection declaration.
Annotations
Amendments:
F17
Inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 71, not commenced as of date of revision.
Modifications (not altering text):
C11
Prospective affecting provision: subs. (9A) inserted by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 71, not commenced as of date of revision.
F17[(9A) A decision of the Circuit Court on an appeal under subsection (8) shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.]
PART 8
Content of International Protection
Section 53
Extension to qualified person of certain rights
53. A qualified person shall be entitled—
(a) to seek and enter employment, to engage in any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,
(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care and the same social welfare benefits as those to which Irish citizens are entitled,
(c) subject to section 54, to reside in the State, and
(d) subject to section 55, to the same rights of travel in or to or from the State as those to which Irish citizens are entitled.
Section 54
Permission to reside in State
54. (1) A qualified person shall be given a permission to reside in the State for a specified period of not less than 3 years.
(2) A family member shall be given a permission to reside in the State for a specified period of not less than 1 year and, in case of renewal, of not less than 2 years.
(3) A permission given under subsection (1) or (2) —
(a) shall be renewable unless compelling reasons of national security or public order (“ ordre public”) otherwise require, and
(b) shall cease to be valid where the person to whom it was given ceases to be a qualified person or a family member, as the case may be.
(4) In this section and section 55, “family member” means a person in relation to whom—
(a) a permission to enter and to reside in the State given under section 56 is in force, or
(b) a permission to reside in the State given under section 57 is in force.
Section 55
Travel document
55. (1) Subject to subsection (2), the Minister, on application by the person concerned, shall issue a travel document to a—
(a) qualified person, and
(b) family member.
(2) The Minister need not issue a travel document to a person referred to in subsection (1) if—
(a) the Minister has required that person to provide such information as the Minister reasonably requires for the purposes of his or her functions under this section and the person has not done so,
(b) the person is a person in respect of whom a subsidiary protection declaration is in force and who is able to obtain a national passport, or
(c) the Minister considers that to issue it would not be in the interests of national security, public security, public health or public order or would be contrary to public policy (“ordre public”).
(3) An application under subsection (1) shall be in writing and—
(a) in such form as may be prescribed,
(b) accompanied by such information as may be prescribed, being information that the Minister reasonably requires for the purposes of his or her functions under this section, and
(c) accompanied by such fee (if any) as may be prescribed.
(4) A travel document shall be in such form as may be prescribed or in a form to the like effect.
Annotations
Editorial Notes:
E31
Power pursuant to subs. (3) exercised (31.12.2016) by International Protection Act 2015 (Travel Document) Regulations 2016 (S.I. No. 667 of 2016), in effect as per reg. 1(2).
Section 56
Permission to enter and reside for member of family of qualified person
56. (1) A qualified person (in this section referred to as the “sponsor”) may, subject to subsection (8), make an application to the Minister for permission to be given to a member of the family of the sponsor to enter and reside in the State.
(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine—
(a) the identity of the person who is the subject of the application,
(b) the relationship between the sponsor and the person who is the subject of the application, and
(c) the domestic circumstances of the person who is the subject of the application.
(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.
(4) Subject to subsection (7), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to enter and reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.
(5) A permission given under subsection (4) shall cease to be in force if the person to whom it is given does not enter and reside in the State by a date specified by the Minister when giving the permission.
(6) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or the civil partnership concerned ceases to subsist.
(7) The Minister may refuse to give permission to enter and reside in the State to a person referred to in subsection (4) or revoke any permission given to such a person—
(a) in the interest of national security or public policy (“ordre public”),
(b) where the person would be or is excluded from being a refugee in accordance with section 10,
(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12,
(d) where the entitlement of the sponsor to remain in the State ceases, or
(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.
(8) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.
(9) In this section and section 57, “member of the family” means, in relation to the sponsor—
(a) where the sponsor is married, his or her spouse (provided that the marriage is subsisting on the date the sponsor made an application for international protection in the State),
(b) where the sponsor is a civil partner, his or her civil partner (provided that the civil partnership is subsisting on the date the sponsor made an application for international protection in the State),
(c) where the sponsor is, on the date of the application under subsection (1) under the age of 18 years and is not married, his or her parents and their children who, on the date of the application under subsection (1), are under the age of 18 years and are not married, or
(d) a child of the sponsor who, on the date of the application under subsection (1), is under the age of 18 years and is not married.
Section 57
Permission to reside for member of family of qualified person
57. (1) A qualified person (in this section referred to as the “sponsor”) may, subject to subsection (7), make an application to the Minister for permission to reside in the State to be given to a member of the family of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) and who does not himself or herself qualify for international protection.
(2) The Minister shall investigate, or cause to be investigated, an application under subsection (1) to determine—
(a) the identity of the person who is the subject of the application,
(b) the relationship between the sponsor and the person who is the subject of the application, and
(c) the domestic circumstances of the person who is the subject of the application.
(3) It shall be the duty of the sponsor and the person who is the subject of the application to co-operate fully in the investigation under subsection (2), including by providing all information in his or her possession, control or procurement relevant to the application.
(4) Subject to subsection (6), if the Minister is satisfied that the person who is the subject of an application under this section is a member of the family of the sponsor, the Minister shall give permission in writing to the person to reside in the State and the person shall, while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights and privileges specified in section 53 in relation to a qualified person.
(5) A permission given under subsection (4) to the spouse or civil partner of a sponsor shall cease to be in force where the marriage or civil partnership concerned ceases to subsist.
(6) The Minister may refuse to give permission to reside in the State to a person referred to in subsection (4) or, as the case may be, revoke any permission given to such a person—
(a) in the interest of national security or public policy (“ ordre public”),
(b) where the person would be or is excluded from being a refugee in accordance with section 10,
(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with section 12,
(d) where the entitlement of the sponsor to remain in the State ceases, or
(e) where misrepresentation or omission of facts, whether or not including the use of false documents, by the person was decisive in the decision to give the person the permission.
(7) An application under subsection (1) shall be made within 12 months of the giving under section 47 of the refugee declaration or, as the case may be, subsidiary protection declaration to the sponsor concerned.
Section 58
Situation of vulnerable persons
58. (1) In the application of sections 53 to 57 due regard shall be had to the specific situation of vulnerable persons such as persons under the age of 18 years (whether or not accompanied), disabled persons, elderly persons, pregnant women, single parents with children under the age of 18 years, victims of human trafficking, persons with mental disorders and persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence.
(2) In the application of sections 53 to 57 in relation to a person who has not attained the age of 18 years, the best interests of the child shall be a primary consideration.