International Protection Act 2015

F14[Return order

51A

51A.     (1) Subject to section 50A, 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.

(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:

F14

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.

Editorial Notes:

E29

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).