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:

E36

Power pursuant to subs. (1A)(b) exercised (16.02.2026) by International Protection Act 2015 (Sections 51 and 51A) (Prescribed Classes) Regulations 2026 (S.I. No. 45 of 2026).

E37

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).