International Protection Act 2015

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:

E19

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).