International Protection Act 2015

F20[Return order

51A

51A.     (1) Subject to F21[section 50A and subsection (1A),] 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.

F22[(1A) (a) Subsection (1) shall not apply in respect of a person who is a member of a class of person that is prescribed under paragraph (b).

(b) The Minister may, for the purposes of this subsection, prescribe a class or classes of persons, being persons to whom such permission as may be specified has been given.

(c) The matters to which the Minister may have regard in specifying a permission under paragraph (b) include—

(i) the nature and purposes of the permission,

(ii) the period for which a person to whom the permission is granted may remain in the State, and

(iii) the conditions attached to the permission.

(d) In this subsection, a reference to a permission to remain in the State is a reference to a permission to remain in the State that has been given in accordance with the law of the State and is valid.]

(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:

F20

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.

F21

Substituted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 11(a), commenced on enactment.

F22

Inserted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 11(b), commenced on enactment.

Editorial Notes:

E31

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).