Refugee Act 1996

Provisions relating to detained persons.

10

10. (1) The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall, without delay, inform a person detained pursuant to subsection (8) or ( 13) ( a) of section 9 or cause him or her to be informed, where possible in a language that the person understands—

( a) that he or she is being detained pursuant to section 9 ,

( b) 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 consideration of that person’s application for a declaration under section 8 ,

( c) that he or she is entitled to consult a solicitor,

( d) that he or she is entitled to have notification of his or her detention, the place of detention concerned and every change of such place sent to the High Commissioner and to another person reasonably named by him or her,

( e) that he or she is entitled to leave the State in accordance with the provisions of this paragraph 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, as soon as practicable, be brought before a court and the court may make such orders as may be necessary for his or her removal from the State, and

( f) that he or she is entitled to the assistance of an interpreter for the purpose of consultation with a solicitor pursuant to paragraph (c) and for the purpose of any appearance before a court pursuant to section 9 .

(2) The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall also explain to a person detained pursuant to subsection (8) or (13) (a) of section 9 , where possible in a language that the person understands, that, if he or she does not wish to exercise a right specified in subsection (1) immediately, he or she will not be precluded thereby from doing so later.

(3) The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall notify the Commissioner and F24 [ the Tribunal ] of the detention or release of a person pursuant to the provisions of section 9 .

(4) The Commissioner or, as the case may be, F24 [ the Tribunal ] shall ensure that the application for a declaration of a person detained pursuant to subsection (8) or (13) (a) of section 9 shall be dealt with as soon as may be and, if necessary, before any other application for a declaration of a person not so detained.

Annotations:

Amendments:

F24

Substituted (20.01.2000) by Immigration Act 1999 (22/1999), s. 11(1)(f), S.I. No. 9 of 2000.

Editorial Notes:

E21

Requirement for written notice under section and additional information to be included prescribed (20.11.2000) by Refugee Act, 1996 (Places and Conditions of Detention) Regulations 2000 (S.I. No. 344 of 2000), reg. 5, in effect as per reg. 1(2).