International Protection Act 2015

48.

Option to voluntarily return to country of origin

48.     (1) The Minister may, by notice in writing, inform a person whose application for international protection—

(a) has not been the subject of a report under section 39 , or

(b) has been the subject of a report under section 39 which includes a recommendation referred to in section 39(3)(c),

that the person may, within such period as may be specified in the notice, comply with subsection (2).

(2) A person complies with this subsection where he or she—

(a) where applicable withdraws under section 37 his or her application for international protection or, as the case may be, withdraws under section 45(1) his or her appeal under section 41 , and

(b) confirms to the Minister, in accordance with this section, that the person will voluntarily return to his or her country of origin.

(3) The Minister may, by notice in writing, inform a person—

(a) to whom the Minister has refused both to give a refugee declaration and to give a subsidiary protection declaration, and

(b) who is the subject of a decision of the Minister under section 49(4)(b) ,

that the person may, within 5 days of the date on which the notice is sent, comply with subsection (4).

(4) A person complies with this subsection where he or she confirms to the Minister, in accordance with this section, that the person will voluntarily return to his or her country of origin.

(5) Notwithstanding section 51 , and subject to subsection (6), where a person complies with subsection (2) or (4), as the case may be, the Minister shall not make a deportation order under that section in respect of the person—

(a) where, in the case of a person to whom subsection (1) applies, the person has complied with subsection (2)(a), and

(b) for so long as the Minister is of the opinion that the person is making such efforts as are reasonable to expect of the person to leave the State in accordance with his or her confirmation under subsection (2)(b) or (4), as the case may be.

(6) Subsection (5) shall cease to apply where the Minister is of the opinion that—

(a) there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or

(b) the person, having been by a final judgment convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.

(7) A notice under subsection (1) or (3) shall be in such form as may be prescribed and shall contain a statement of the effect of subsection (5) and (6).

(8) A confirmation under subsection (2)(b) or (4) shall be given in such form and in such manner as may be prescribed.

Annotations:

Editorial Notes:

E17

Power pursuant to subss. (7), (8) exercised (31.12.2016) by International Protection Act (Voluntary Return) Regulations 2016 (S.I. No. 665 of 2016), in effect as per reg. 1(2).