International Protection Act 2015

F24[Period of validity of return order

51C

51C.     (1) A person the subject of a return order may, while the order is in effect, be returned in accordance with section 51A(2).

(2) A return order shall, other than where subsection (3) or (4) applies, remain in effect for a period of 6 months from the date on which notification (referred to in section 51A(3)) of the return order is sent.

(3) Where a person the subject of the return order absconds in the period referred to in subsection (2), the order shall remain in effect for a period of 12 months from the date on which notification (referred to in section 51A(3) ) of the return order is sent.

(4) Where a person the subject of the return order brings an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) of the return order and the High Court suspends the operation of the order pending the determination of the application, the order shall remain in effect for a period of 6 months from the date of the final determination (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal) of the application concerned.

(5) Where

(a) a return order ceases in accordance with this section to have effect on a particular date (in this section referred to as the "relevant date"), and

(b) by the relevant date the person the subject of the order has not been returned,

he or she shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date immediately following the relevant date, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.

(6) The Minister shall as soon as practicable on or after the date immediately following the relevant date

(a) send the person concerned, and his or her legal representative (if known), a notice in writing

(i) informing him or her of the effect of subsection (5), and

(ii) inviting the person to complete, in respect of his or her application referred to in subsection (5), the form prescribed under section 15(5),

and

(b) give or cause to be given to the person a statement under section 18(1).]

Annotations

Amendments:

F24

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.