International Protection Act 2015
Deportation order
51. (1) Subject to F18[section 50 and subsection (1A),] 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.
F19[(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) 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
Amendments:
F18
Substituted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 10(a), commenced on enactment.
F19
Inserted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 10(b), commenced on enactment.
Editorial Notes:
E30
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).