INTERNATIONAL PROTECTION ACT 2026

• (a) affirm the declaration, or

• (b) set aside the declaration.

• (5) In relation to an appeal under section 187(1)(e) against a return decision made under section 216 or 218, the Tribunal may decide to—

• (a) affirm the return decision, or

• (b) set aside the return decision.

• (6) Where the Tribunal—

• (a) makes a decision under subsection (1)(b) or (4)(b), the application shall be remitted to the Determining Authority for examination in accordance with Part 7, or

• (b) makes a decision under subsection (5)(b), the matter shall be remitted to the Minister.

• (7) The Tribunal shall, in relation to an appeal under section 187(1)(b), decide to make the affirmation referred to in subsection (2)(a), unless it is satisfied, having considered the matters referred to in section 193(2), that the applicant qualifies as a refugee.

• (8) The Tribunal shall, in relation to an appeal under section 187(1)(c), decide to make the affirmation referred to in subsection (3)(a) unless it is satisfied, having considered the matters referred to in section 193(2), that the applicant qualifies as a refugee or, as the case may be, is a person eligible for subsidiary protection.

• (9) The decision of the Tribunal on an appeal and the reasons for the decision shall be given in writing and shall be notified to the applicant, his or her legal representative (if any), the Determining Authority and the High Commissioner.

• (10) The Tribunal shall furnish the applicant and his or her legal representative (if any) and the High Commissioner whenever so requested by him or her, with—

• (a) copies of any reports, observations, or representations in writing or any other document furnished to the Tribunal by the Determining Authority, copies of which have not been previously furnished to the applicant and his or her legal representative (if any), or as the case may be, the High Commissioner, and

• (b) an indication in writing of the nature and source of any other information relating to the appeal which has come to the notice of the Tribunal in the course of an appeal.

196. Effect of judicial review on right to remain in State

196. Where a person brings an application for judicial review under Order 84 of the Rules of the Superior Courts in respect of a decision of the Tribunal under section 195, he or she shall not be entitled to remain in the State solely by virtue of such an application.

197. Short title and commencement

Duration of appeal to Tribunal

197. Without prejudice to an adequate and complete examination under this Part and in accordance with Article 67(1) of the Asylum Procedures Regulation, the examination by the Tribunal of a decision under appeal shall—

• (a) where the appeal is under section 187(1)(a) against a decision to reject an application as inadmissible, be concluded as soon as possible and no later than 2 months from the date on which a notice of an appeal against the decision is received by the Tribunal in accordance with section 187,

• (b) where the appeal is in respect of an application that was considered in the accelerated examination procedure under Chapter 5 of Part 7, be concluded as soon as possible and no later than 3 months from the date on which a notice of an appeal against the decision is received by the Tribunal in accordance with section 187,

• (c) where the appeal is in respect of an application that was considered in the asylum border procedure under Chapter 6 of Part 7, be concluded as soon as possible having regard to the maximum duration of that procedure as provided for in that Chapter,

• (d) where the appeal is under section 187(1)(e) against a return decision made under section 216 or 218 and no appeal has been brought against the related decision, be concluded as soon as possible and no later than 28 days from the date on which a notice of an appeal against the decision is received by the Tribunal in accordance with section 187, and

• (e) in every other case, be concluded as soon as possible and no later than 6 months from the date on which a notice of an appeal against the decision is received by the Tribunal in accordance with section 187.

198. Procedures for appeals and requests to remain

198. The Minister may, in consultation with the Chief Appeals Officer and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals and requests to remain, including the holding of oral hearings and, in doing so, may prescribe different procedures in respect of different classes of appeals and different classes of requests to remain.

PART 9 Content of International Protection

199. Definitions (Part 9)

199. (1) In this Part—

“income” means gross income from all sources;

“sponsor” means a beneficiary of international protection who makes an application for a permission under section 204 or 205 to be given to a member of the family (within the meaning of each of those sections) of the sponsor;

“travel document” means a document issued by the Minister under section 207.

• (2) A word or expression that is used in this Part, other than in section 205, and is also used in the Qualification Regulation has the same meaning in this Part as it has in that Regulation unless the contrary intention appears.

200. Application of Part 9

200. (1) A beneficiary of international protection shall—

• (a) have the rights and obligations specified in Chapter VII of the Qualification Regulation, including the rights specified in this Part, and

• (b) have access to such rights upon the grant of, and for so long as he or she holds, either—

• (i) refugee status, or

• (ii) subsidiary protection status.

• (2) In the application of Chapter VII of the Qualification Regulation and sections 201 to 204 and section 207—

• (a) account shall be taken of the special needs of—

• (i) any vulnerable person, including persons under the age of 18 years (whether or not accompanied),

• (ii) disabled persons,

• (iii) elderly persons,

• (iv) pregnant women,

• (v) single parents with children under the age of 18 years or adult dependent children,

• (vi) victims of human trafficking,

• (vii) persons with serious illnesses,

• (viii) persons with mental disorders, and

• (ix) persons who have been subjected to torture, rape, or other serious forms of psychological, physical or sexual violence,

and

• (b) to a minor, the best interests of the minor shall be a primary consideration.

201. Information for beneficiaries of international protection

201. A beneficiary of international protection shall be entitled to be provided with information on the application of the Qualification Regulation, in accordance with Article 22 of that Regulation, on his or her rights and obligations specified in Annex I to that Regulation, in either electronic or paper format as soon as practicable after becoming a beneficiary of international protection.

202. Extension to beneficiaries of international protection of certain rights

202. (1) Without prejudice to section 200, a beneficiary of international protection shall be entitled—

• (a) subject to section 203, to reside in the State,

• (b) subject to section 207, to the same rights of travel in, to or from the State as those to which Irish citizens are entitled,

• (c) to seek and enter employment, to engage in any business, trade or profession, to have access to education and training and to recognition of qualifications in the State in the like manner and to the like extent in all respects as an Irish citizen,

• (d) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care, social welfare benefits and housing benefits as those to which Irish citizens are entitled,

• (e) for so long as the beneficiary of international protection is an unaccompanied minor, to have an international protection guardian appointed in respect of him or her to perform the functions of a guardian set out in Article 33(2) of the Qualification Regulation,

• (f) to access accommodation under conditions at least equivalent to third-country nationals lawfully residing in the State who are generally in the same circumstances, and

• (g) to access integration measures and where required, obliged to participate in such measures.

• (2) In this section—

“housing benefits” means—

• (a) a social housing support provided, facilitated or managed under section 19 of the Housing (Miscellaneous Provisions) Act 2009, and

• (b) accommodation or lodgings made available, or assistance provided, under section 10 of the Housing Act 1988;

“social welfare benefits” includes any payment or services provided under the Social Welfare Acts or the Health Acts 1947 to 2024.

203. Permission for beneficiaries of international protection to reside in State

203. (1) A beneficiary of international protection shall be given a permission to reside in the State.

• (2) A permission given under this section shall—

• (a) where the beneficiary of international protection was granted refugee status, be for a specified period of at least 3 years, and

• (b) where the beneficiary of international protection was granted subsidiary protection status, be for a specified period of at least 1 year.

• (3) Upon receipt of a permission under this section, the beneficiary of international protection to whom it is given shall comply with section 9 of the Act of 2004.

• (4) Subject to subsection (5), a permission under this section shall be renewed—

• (a) in the case of a permission given under subsection (2)(a), for at least 3 years, and

• (b) in the case of a permission given under subsection (2)(b), for at least 2 years.

• (5) The Minister may revoke or refuse to renew a permission given to a beneficiary of international protection under this section where—

• (a) his or her refugee status has been withdrawn in accordance with section 214(1), or

• (b) his or her subsidiary protection status has been withdrawn in accordance with section 214(2).

204. Permission to reside for family members of beneficiaries of international protection

204. (1) A sponsor may, subject to subsection (2), make an application to the Minister for permission to reside in the State to be given to a family member of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) where the family member does not qualify for international protection.

• (2) An application shall be made within 12 months from the date on which the sponsor was granted international protection.

• (3) The Minister shall investigate, or cause to be investigated, an application to determine—

• (a) the identity of the person who is the subject of the application,

• (b) the relationship between the sponsor and the person who is the subject of the application, and

• (c) the domestic circumstances of the person who is the subject of the application.

• (4) The sponsor and the person who is the subject of the application shall cooperate fully in the investigation under subsection (3), including by providing to the Minister all relevant information in the possession, control or procurement of the sponsor and the person who is the subject of the application.

• (5) Where the Minister, having had regard to the application and information available to him or her, including any information obtained in an investigation under subsection (3), is satisfied that the person who is the subject of an application is a family member of the sponsor, the Minister shall, subject to subsection (6), give a permission in writing to the person to reside in the State.

• (6) The Minister shall refuse to give a permission under subsection (5)—

• (a) where he or she is of the opinion that it is in the interest of national security or public policy, as it relates to the family member, not to do so,

• (b) where the person would be or is excluded from being a refugee in accordance with Article 12 of the Qualification Regulation,

• (c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation,

• (d) where the sponsor in relation to whom the person is a family member ceases or has ceased to be entitled to remain in the State,

• (e) where the person is a spouse or civil partner of the sponsor, where there are strong indications that the marriage or civil partnership was contracted for the sole purpose of enabling the person concerned to reside in the State, or

• (f) where there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of any matter referred to in paragraphs (a) to (e).

• (7) A person to whom a permission under subsection (5) is given shall—

• (a) comply with section 9 of the Act of 2004, and

• (b) while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights, and subject to the obligations, specified in Chapter VII of the Qualification Regulation, including those specified in this Part.

• (8) A permission given under subsection (5)—

• (a) shall cease to be in force on the same date as the permission to reside given to the sponsor in accordance with section 203,

• (b) shall cease to be in force, where it is given to the spouse or civil partner of a sponsor, on and from the date on which the marriage or civil partnership concerned ceases to subsist, and

• (c) shall, subject to subsections (6) and (9), be renewable for as long as the permission to reside given to the sponsor is renewed in accordance with section 203.

• (9) The Minister shall revoke or refuse to renew a permission given under subsection (5) where he or she is of the opinion that—

• (a) there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of whether or not the circumstances referred to in paragraphs (a) to (e) of subsection (6) exist, and

• (b) the permission would not have been given, or as the case may be, renewed, but for the misrepresentation or omission referred to in paragraph (a).

• (10) In this section—

“application” means an application made in accordance with this section;

“family member”, in so far as the family already existed before the sponsor arrived in the State, in relation to a sponsor, means the following members of the family of the sponsor:

• (a) the spouse or civil partner of the sponsor;

• (b) the minor or adult dependent children of a couple referred to in paragraph (a) or of the sponsor, provided that the minor or adult dependent child is unmarried and regardless of whether they were born in or out of wedlock or adopted;

• (c) where the sponsor is, on the date of an application, a minor, the father and mother of the sponsor or other adult (including the sponsor’s adult sibling) responsible for the sponsor.

205. Permission to enter and reside for family members of beneficiaries of international protection

205. (1) A sponsor may, subject to subsection (2), make an application to the Minister for permission to enter and reside in the State to be given to his or her family member to whom section 204(1) does not apply.

• (2) Subject to section 206, an application may not be made until after the expiry of a period of 2 years from the date on which the sponsor was granted international protection.

• (3) The Minister shall investigate, or cause to be investigated, an application to determine—

• (a) the identity of the person who is the subject of the application,

• (b) the relationship between the sponsor and the person who is the subject of the application,

• (c) the domestic circumstances of the person who is the subject of the application, and

• (d) whether, subject to subsections (6) to (9), the sponsor has sufficient resources for himself or herself and his or her family members not to become an unreasonable burden on the State.

• (4) The sponsor and the person who is the subject of the application shall cooperate fully in the investigation under subsection (3), including by providing to the Minister all relevant information in the possession, control or procurement of the sponsor and that person.

• (5) Where the Minister, having regard to the application and information available to him or her, including any information obtained in an investigation under subsection (3), is satisfied—

• (a) that the person who is the subject of an application is a family member of the sponsor, and

• (b) subject to section 206, that the sponsor satisfies the condition specified in subsection (3)(d),

the Minister may, subject to subsection (10), give a permission in writing to a person to enter and reside in the State.

• (6) The conditions specified in subsection (3)(d) shall be considered to have been satisfied where the sponsor—

• (a) subject to subsection (7), is at the time of his or her application, in receipt of at least the minimum level of income prescribed under section 212(1),

• (b) is not, at the time of his or her application, in receipt of a prescribed social welfare payment or a prescribed housing support, and subject to subsection (8), has not, in the period of 2 years immediately preceding the application, been in receipt of such payment or such support, and

• (c) subject to subsection (9), does not, at the time of his or her application, owe a debt in respect of his or her relevant contributions for a period of arrears of 12 weeks or more.

• (7) Subsection (6)(a) shall not apply where the sponsor was a minor on the date that he or she made his or her application for international protection.

• (8) The Minister may give a permission under subsection (5) to a family member of a sponsor who does not satisfy the requirement under subsection (6)(b) where the Minister is satisfied that the sponsor has been in receipt of a prescribed social welfare payment or a prescribed housing support for a period that does not, or periods the aggregate of which do not, exceed 6 months in the period of 2 years immediately preceding the application by the sponsor.

• (9) The Minister may give a permission under subsection (5) to a family member of a sponsor who does not satisfy the requirement under subsection (6)(c) where the Minister is satisfied that the sponsor has entered into, and is complying with, a repayment arrangement for the purposes of the arrears referred to in subsection (6)(c).

• (10) The Minister shall refuse to give a permission under subsection (5)—

• (a) where he or she is of the opinion that it is in the interest of national security or public policy, as it relates to the family member, not to do so,

• (b) where the sponsor in relation to whom the person is a family member ceases or has ceased to be entitled to remain in the State,

• (c) where the person is a spouse or civil partner of a sponsor, where there are strong indications that the marriage or civil partnership was contracted for the sole purpose of enabling the person concerned to enter or reside in the State, or

• (d) where there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of any matter referred to in paragraphs (a) to (c).

• (11) A person to whom a permission under subsection (5) is given shall—

• (a) comply with section 9 of the Act of 2004, and

• (b) while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights, and subject to the obligations, specified in Chapter VII of the Qualification Regulation, including those specified in this Part.

• (12) A permission given under subsection (5)—

• (a) shall cease to be in force if the person to whom it is given does not enter and reside in the State by the date specified by the Minister when giving the permission,

• (b) shall cease to be in force on the same date as the permission to reside given to the sponsor in accordance with section 203,

• (c) shall cease to be in force, where it is given to the spouse or civil partner of a sponsor, on and from the date on which the marriage or civil partnership concerned ceases to subsist, and

• (d) shall, subject to subsections (10) and (13), be renewable for as long as the permission to reside given to the sponsor is renewed in accordance with section 203.

• (13) The Minister shall revoke or refuse to renew a permission given under subsection (5) where he or she is of the opinion that—

• (a) there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of the conditions specified in subsection (3) or the circumstances referred to in paragraphs (a) to (c) of subsection (10), and

• (b) the permission would not have been given, or as the case may be, renewed, but for the misrepresentation or omission referred to in paragraph (a).

• (14) In this section—

“application” means an application made in accordance with this section;

“de facto partner”, in relation to a sponsor, means a person—

• (a) who is unmarried,

• (b) with whom the sponsor lived in an intimate and committed relationship,

• (c) who is in a stable and continuing relationship with the sponsor,

• (d) with whom the sponsor intends to resume the relationship referred to in paragraph (b), and

• (e) who is not related to the sponsor within a prohibited degree of relationship such that the person and the sponsor would be prohibited from marrying each other in the State by reason of that relationship;

“family member”, in so far as the family already existed before the sponsor arrived in the State, in relation to a sponsor, means the following members of the family of the sponsor:

• (a) the spouse, civil partner or de facto partner of the sponsor;

• (b) a minor child of the sponsor provided that the minor child is unmarried;

• (c) an adult child of the sponsor who is—

• (i) dependent on a long term basis on the sponsor, or

• (ii) suffering from a mental or physical disability,

to such extent that it is not reasonable for the adult child to maintain himself or herself fully;

• (d) a parent of the sponsor who is—

• (i) dependent on a long term basis on the sponsor, or

• (ii) suffering from a mental or physical disability,

to such extent that it is not reasonable for the parent to maintain himself or herself fully;

• (e) where the sponsor is a minor on the date of an application, the father and mother of the sponsor or other adult (including the sponsor’s adult sibling) responsible for the sponsor;

“prescribed housing support” means a social housing support, accommodation, lodgings or assistance prescribed under section 212(4);

“prescribed social welfare payment” means a payment prescribed under section 212(3);

“relevant contributions” means the contributions payable by a sponsor towards the cost of—

• (a) material reception conditions made available to him or her under Chapter 2 of Part 4, and

• (b) the relevant reception conditions provided to him or her under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018).

206. Application by unaccompanied minors for waiver of certain requirements under section 205

206. The Minister may, in his or her absolute discretion, waive the requirements under section 205(2) or (5)(b), or both, in respect of a sponsor who was an unaccompanied minor on the date of his or her application for international protection if, on application by the sponsor, the Minister considers it appropriate to do so having regard to the particular circumstances of the sponsor.

207. Travel document

207. (1) Subject to subsection (2), the Minister, on application by the person concerned, shall, in accordance with Article 25 of the Qualification Regulation, issue a travel document to—

• (a) a beneficiary of international protection, and

• (b) a relevant family member of the beneficiary of international protection.

• (2) Subsection (1) shall not apply where—

• (a) the Minister has required a person (whether or not the applicant) to provide such information or documents as the Minister reasonably requires for the purposes of his or her functions under this section and in connection with an application under subsection (1) and the person concerned—

• (i) refuses to provide the information or documents,

• (ii) knowingly or recklessly provides information or documents that are false or misleading in a material respect, or

• (iii) makes a statutory declaration, or swears an affidavit, that is false knowing it to be false or being reckless as to whether it is false,

• (b) the person concerned is a person in respect of whom subsidiary protection status has been granted and who is able to obtain a passport, or

• (c) the Minister considers that there are compelling reasons of national security or public policy for not issuing a travel document to the person.

• (3) An application under subsection (1) shall be in writing and shall be—

• (a) in such form, and accompanied by such information, as the Minister may specify, and

• (b) accompanied by such fee (if any) as may be prescribed by the Minister.

• (4) The Minister shall ensure that, as soon as practicable, a copy of the form and requirements specified under subsection (3)(a) are published on a website maintained by or on behalf of the Minister or the Government.

• (5) A travel document shall be issued in the form specified in Article 25(3) of the Qualification Regulation.

• (6) In this section, “relevant family member”, in relation to a beneficiary of international protection, means a person in relation to whom—

• (a) a permission to reside in the State given under section 204 is in force, or

• (b) a permission to enter and reside in the State given under section 205 is in force.

208. Cancellation and surrender of travel document

208. (1) The Minister may cancel a travel document if—

• (a) the Minister becomes aware of a fact or a circumstance, whether occurring before or after the issue of the travel document, that would have required him or her to refuse to issue the travel document on the basis that section 207(1) did not apply to the person had the Minister been aware of the fact or the circumstance before the travel document was issued,

• (b) the Minister is notified that the travel document is, without lawful authority or reasonable excuse, in the possession or control of another person, or

• (c) the Minister is notified by the person, or by another person duly authorised to act on his or her behalf, that the travel document has been lost or stolen.

• (2) Where a travel document is cancelled under subsection (1), the Minister shall inform the person by notice in writing of the cancellation and the grounds for it.

• (3) Where a travel document is cancelled under subsection (1), the person shall, if he or she is in possession or control of the travel document, surrender it as soon as practicable to the Minister.

• (4) Where a travel document is cancelled under subsection (1), the Minister may, if appropriate, require by notice in writing the person who is in possession or control of the travel document to surrender it to the Minister within such period as may be specified in the notice.

• (5) A person who, without lawful authority or reasonable excuse, has a travel document other than a travel document that was issued to him or her in his or her possession or control shall, as soon as practicable, surrender it to the Minister or deliver it to a Garda Síochána station.

• (6) An applicant for a travel document shall, if so required by the Minister, surrender a travel document that was issued to him or her (whether or not it is valid) to the Minister before another travel document may be issued to him or her.

209. Offences relating to travel document

209. (1) A person who, whether in the State or elsewhere—

• (a) in connection with an application for the issue of a travel document (whether or not to himself or herself or another person), provides information or documents that are, and that he or she knows or believes to be or is reckless as to whether they are, false or misleading in a material respect,

• (b) has, without lawful authority or reasonable excuse, in his or her possession or control a travel document that is, and that he or she knows or believes to be, a false travel document,

• (c) uses, or attempts to use, a travel document that was not issued to him or her, knowing or believing that it was not issued to him or her, as evidence of identity (whether or not in connection with travel abroad),

• (d) uses, or attempts to use, a travel document that is, and that he or she knows or believes to be, a false travel document as evidence of identity (whether or not in connection with travel abroad),

• (e) uses, or attempts to use, a travel document that has been cancelled, or is required to be surrendered to the Minister, under section 208, knowing or believing that the travel document has been so cancelled or has been required to be so surrendered, as evidence of identity (whether or not in connection with travel abroad),

• (f) permits—

• (i) a travel document that was issued to him or her, or

• (ii) a travel document other than a travel document that was issued to him or her that he or she has in his or her possession or control,

to be falsely used by another person as evidence of that person’s identity (whether or not in connection with travel abroad), or is reckless regarding such use by another person of the travel document,

• (g) sells, or attempts to sell, a travel document (whether or not a travel document that was issued to him or her),

• (h) wilfully damages or destroys a travel document (whether or not a travel document that was issued to him or her),

• (i) knowingly makes, or attempts to make, a travel document that is false,

• (j) without lawful authority or reasonable excuse, makes or has in his or her possession or control a machine, stamp, implement, paper or any other material, which to his or her knowledge is or has been specially designed or adapted for the making of a travel document that is false with the intention that it would be so used, or

• (k) is required by subsection (3), (4) or (5) of section 208 to surrender a travel document to the Minister, or is required in the alternative by the said subsection (5) to deliver a travel document to a Garda Síochána station, but, without reasonable excuse, does not do so in accordance with the requirement,

shall be guilty of an offence.

• (2) A person guilty of an offence under paragraph (b), (c), (h), (j) or (k) of subsection (1) shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 5 years, or both.

• (3) A person guilty of an offence under paragraph (a), (d), (e), (f), (g) or (i) of subsection (1) shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years, or both.

• (4) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (5) Where the affairs of a body corporate are managed by its members, subsection (4) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

• (6) In this section, “false travel document” means—

• (a) a travel document that is false, or

• (b) a travel document that is issued following the provision in connection with the application for the travel document of information or documents that are false or misleading in a material respect.

210. Meaning of “false” and “making”

210. (1) A travel document is false for the purposes of section 209 if it—

• (a) purports to have been issued by the Minister who did not in fact issue it, or

• (b) purports to have been altered in any respect by the Minister who did not in fact alter it in that respect.

• (2) A person shall be treated for the purposes of section 209 as making a travel document that is false if he or she alters a travel document so as to make it false in any respect (whether or not it is false in some other respect apart from that alteration).

211. Proceedings relating to offences under section 209 committed outside State

211. (1) Proceedings for an offence under any paragraph of section 209(1) in relation to an act committed, or an omission made, outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

• (2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

212. Regulations (section 205)

212. (1) The Minister shall, for the purposes of section 205(6)(a), prescribe a minimum level of income.

• (2) In making regulations under subsection (1) the Minister shall have regard to—

• (a) annual and quarterly data on earnings and labour costs published by the Central Statistics Office,

• (b) the average cost of living in the State having regard to the most recent information made available by the Central Statistics Office,

• (c) the interests of a sponsor in being reunited with his or her family members (within the meaning of section 205),

• (d) the economic and social well-being of the State,

• (e) the power of the Executive in relation to the control of entry into, and presence in, the State, of non-nationals, and

• (f) such other matters as the Minister considers appropriate.

• (3) The Minister shall, with the consent of the Minister for Social Protection and for the purposes of section 205(6)(b), prescribe:

• (a) a payment or class or classes of payments under the Social Welfare Consolidation Act 2005;

• (b) a payment or class or classes of payments under schemes administered by the Minister for Social Protection.

• (4) The Minister shall, with the consent of the Minister for Housing, Local Government and Heritage and for the purposes of section 205(6)(b), prescribe:

• (a) a social housing support provided, facilitated or managed under section 19 of the Housing (Miscellaneous Provisions) Act 2009 or a class or classes of such supports;

• (b) accommodation or lodgings made available, or assistance provided, under section 10 of the Housing Act 1988 or a class or classes of such accommodation, lodgings or assistance.

• (5) In making regulations under subsection (3) or (4) the Minister shall have regard to—

• (a) the nature and purpose of a payment, social housing support, accommodation, lodgings or assistance including whether any is means-tested,

• (b) the extent to which receipt by a person of a payment, social housing support, accommodation, lodgings or assistance is indicative of an absence of sufficient resources for a sponsor and his or her family members not to become an unreasonable burden on the State,

• (c) whether, in the case of regulations under subsection (4), the social housing support, accommodation, lodgings or assistance, as the case may be, is intended primarily as long-term maintenance, subsistence or housing support,

• (d) the objectives of promoting the self-sufficiency of sponsors and ensuring the sustainable use of the resources of the State, and

• (e) such other matters as the Minister considers appropriate.

• (6) Without prejudice to the generality of subsection (1), regulations made under that subsection may prescribe different minimum levels of income in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205(1) is made.

• (7) Without prejudice to the generality of subsection (3), regulations made under that subsection may prescribe different payments or different class or classes of payments in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205(1) is made.

• (8) Without prejudice to the generality of subsection (4), regulations made under that subsection may prescribe different social housing supports, accommodation, lodgings or assistance or different class or classes of social housing supports, accommodation, lodgings or assistance in respect of different classes of sponsors and in respect of different classes of family members in respect of whom an application under section 205(1) is made.

• (9) Regulations made under subsection (1), (3) or (4) may provide for exemptions from any of the requirements of the regulations for a specified class or classes of sponsors.

PART 10 Voluntary Return and Withdrawal of International Protection

213. Option to voluntarily return

213. (1) Subject to subsection (9), the Minister may, by notice in writing, inform a person—

• (a) who withdraws his or her application under section 70 that he or she may, within such period as may be specified in the notice, comply with subsection (4), or

• (b) at any stage during the administrative procedure, that he or she may opt to voluntarily return to his or her country of origin, country of former habitual residence, or to a country where he or she is entitled to reside, as applicable, under the conditions specified in this section.

• (2) The notice issued with the return decision under section 216(3) or section 218(3) to a person who is subject to this section shall include information regarding voluntary return and the person subject to that notice shall have 5 days from the date on which the notice is sent to comply with subsection (4).

• (3) When the decision of the Tribunal is the one referred to in section 195(3)(a), the Minister may, by notice in writing, inform the person subject to that decision that he or she may comply with subsection (4) and that person shall have 5 days from the date on which that notice is sent to comply with that subsection.

• (4) A person complies with this subsection where he or she confirms to the Minister, in accordance with this section, that he or she will return voluntarily to the country set out in his or her return decision or to a country where he or she is entitled to reside and the confirmation shall be made in writing in accordance with subsection (10).

• (5) When a person complies with subsection (4), he or she shall voluntarily leave the State no later than 30 days from the date of the confirmation referred to in subsection (4).

• (6) During the period leading up to the voluntary return, the person referred to in subsection (5) shall—

• (a) make himself or herself available to the competent authorities in accordance with the requirements set out in section 222,

• (b) where requested by the Minister to do so, surrender any valid travel document that he or she possesses to the Minister for as long as the Minister considers necessary to prevent the person absconding,

• (c) where requested by the Minister to do so, commit in writing to undertake certain actions to facilitate his or her voluntary return, and

• (d) comply with any commitments made under paragraph (c).

• (7) Where the person fails to comply with any of the requirements referred to in subsection (6) the Minister may withdraw the option to return voluntarily.

• (8) When the person voluntarily returns to the country set out in his or her return decision or to a country where he or she is entitled to reside, he or she shall confirm the return to the Minister in such manner as may be directed by the Minister.

• (9) Where the Minister is of the opinion that—

• (a) there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or

• (b) the person, having been by a final judgment convicted in the State of a serious offence or outside the State of an offence which if committed in the State would be a serious offence, constitutes a danger to the community of the State,

this section shall not apply to that person.

• (10) The Minister shall publish the form in which a confirmation shall be made in accordance with subsection (4) on a website maintained by or on behalf of the Minister or the Government.

• (11) For the purposes of this section and section 214, “competent authorities” include an immigration officer, a member of An Garda Síochána, or an officer of the Minister.

• (12) In this section, “serious offence” means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of 5 years or by a more severe penalty.

214. Withdrawal of international protection

214. (1) Subject to subsection (7), the Minister shall withdraw the refugee status of a person where:

• (a) the person has ceased to be a refugee in accordance with Article 11(1) of the Qualification Regulation;

• (b) the person should have been, or is, excluded from being a refugee in accordance with Article 12 of the Qualification Regulation;

• (c) the person’s misrepresentation of facts, including, where applicable, the use of false documents, or omission of facts was decisive for the granting of refugee status;

• (d) there are reasonable grounds for regarding the person as a danger to the security of the State;

• (e) the person is convicted by a final judgment of a particularly serious crime and constitutes a danger to the community of the State.

• (2) Subject to subsection (8), the Minister shall withdraw the subsidiary protection status of a person where:

• (a) the person has ceased to be eligible for subsidiary protection in accordance with Article 16(1) of the Qualification Regulation;

• (b) the person should have been, or is, excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation;

• (c) the person’s misrepresentation of facts, including, where applicable, the use of false documents, or omission of facts was decisive for the granting of subsidiary protection status.

• (3) Where new elements or findings arise indicating that there are reasons to reconsider whether the person qualifies for international protection, in particular in the instances referred to in subsection (1) or subsection (2), the Minister shall start the examination to withdraw international protection and make a decision in accordance with subsection (1).

• (4) A withdrawal of international protection, be it—

• (a) refugee status as referred to in subsection (1)(a), or

• (b) subsidiary protection status as referred to in subsection (2)(a),

shall operate prospectively from the date of withdrawal.

• (5) A withdrawal, other than the ones referred to in subsection (4), may operate—

• (a) prospectively from the date of withdrawal,

• (b) retrospectively to the date on which the decision to grant refugee status or subsidiary protection status was issued, or

• (c) from any date between the dates referred to in paragraphs (a) and (b),

depending on the circumstances of the case and the matters referred to in subsection (6).

• (6) Where the Minister is considering whether to withdraw international protection status retrospectively he or she shall have regard, where applicable, to matters such as:

• (a) the individual circumstances and conduct of the person, including the length of time such person has held his or her status;

• (b) the existence of derived rights, such as whether a child or dependant of the person has derived an autonomous right, entitlement or status from the person’s right, entitlement or status;

• (c) the extent to which any other person who has derived an autonomous right, entitlement or status within the meaning of paragraph (b) has relied on that right, entitlement or status;

• (d) whether the person failed to inform the Minister of a material fact which had, or was capable of having, an effect on the validity of his or her status;

• (e) the date of the conviction referred to in respect of subsection (1)(e);

• (f) any other information that the Minister deems relevant in the making of his or her decision.

• (7) The Minister shall, on an individual basis, demonstrate that the beneficiary of refugee status—

• (a) has ceased to be a refugee,

• (b) should have never been granted refugee status, or

• (c) should no longer be a beneficiary of refugee status,

for any of the reasons set out in subsection (1).

• (8) The Minister shall, on an individual basis, demonstrate that the beneficiary of the subsidiary protection status—

• (a) has ceased to be eligible for subsidiary protection,

• (b) should have never been granted subsidiary protection status, or

• (c) should no longer be a beneficiary of subsidiary protection status,

for any of the reasons set out in subsection (2).

• (9) When considering whether to withdraw international protection, in accordance with subsection (1) or (2), the Minister shall:

• (a) inform the person concerned in writing that his or her qualification as a beneficiary of international protection is being reconsidered and the reasons for such reconsideration;

• (b) inform the person concerned of the obligation to cooperate with the Minister and other competent authorities, in particular of the fact that he or she shall be required to make a written statement and appear for a personal interview and answer questions therein;

• (c) inform the person concerned of the consequences of not cooperating with the Minister and other competent authorities and that failure to submit the written statement and to attend the personal interview without justification shall not prevent the Minister from taking a decision to withdraw international protection;

• (d) inform the person concerned of the opportunity to submit reasons as to why his or her international protection should not be withdrawn by means of a written statement within 10 working days from the date on which he or she receives the information, referred to in paragraph (a), and in a personal interview at a date set by the Minister;

• (e) where the person concerned is no longer present in the State, direct that person to attend the personal interview, referred to in paragraph (b), via video link, as provided.

• (10) For the purposes of subsection (9) and in accordance with the obligations as set out in Article 66 of the Asylum Procedures Regulation, the Minister—

• (a) shall obtain relevant, precise and up-to-date information from relevant and available national, European Union and international sources and, where available, take into account the common analysis on the situation in a specific country of origin and the Asylum Agency guidance notes, and

• (b) shall not obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration.

• (11) A notification of the decision to withdraw international protection shall be given in writing to the person concerned as soon as practicable, and shall include—

• (a) the reasons for the withdrawal,

• (b) information relating to the option to appeal the decision in accordance with section 215, and

• (c) the relevant time limits relating to the appeal referred to in paragraph (b).

• (12)
• (a) Where the person fails to adhere to the obligations set out in subsection (9) and does not—

• (i) submit a written statement,

• (ii) attend the personal interview referred to in subsection (9)(b), or

• (iii) answer questions at that interview,

without due justification, the absence of the written statement or personal interview shall not prevent the Minister from making a decision to withdraw international protection.

• (b) A refusal to cooperate as referred to in paragraph (a) may give rise to a rebuttable presumption that the person no longer wishes to benefit from international protection.

• (13) This section shall not apply where the person—

• (a) unequivocally renounces his or her recognition as a beneficiary of international protection,

• (b) has become a national of another Member State, or of the State, or

• (c) has subsequently been granted international protection in another Member State.

• (14) The Minister shall conclude the cases referred to in subsection (13) by recording the outcome in the person’s file together with an indication of the legal ground for that conclusion, as referred to in paragraphs (a), (b), or (c) of that subsection.

215. Appeal of withdrawal of international protection

215. (1) A person to whom a notification under section 214(11) is sent may, within 10 working days from the date of the notification, appeal to the Circuit Court against a decision of the Minister to withdraw international protection in accordance with section 214(1) or (2), as applicable.

• (2) The Circuit Court, on the hearing of an appeal under subsection (1), may, as it thinks proper—

• (a) affirm the decision of the Minister, or

• (b) direct the Minister not to withdraw international protection.

• (3) A decision of the Minister made in accordance with section 214(1) or (2), as applicable, shall take effect—

• (a) where no appeal to the Circuit Court is brought against the decision of the Minister, on the date on which the period specified in subsection (1) for making such an appeal expires, or

• (b) where an appeal to the Circuit Court is brought against the decision of the Minister—

• (i) from the date on which the Circuit Court, under subsection (2)(a), affirms the decision, or

• (ii) from the date on which the appeal is withdrawn.

• (4) A decision of the Circuit Court on an appeal under subsection (1) shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.

PART 11 Returns

Chapter 1 Return decisions

216. Return decision where application is inadmissible on certain grounds, unfounded, manifestly unfounded or withdrawn

216. (1) Subject to sections 221 and 225, the Minister shall make a return decision in respect of a person in accordance with this section at the same time as the person’s application—

• (a) is rejected by the Determining Authority as—

• (i) inadmissible on a ground referred to in section 157(2) or paragraph (c), (d), or (e) of section 157(3), or

• (ii) unfounded under section 167(1),

or

• (b) is declared by the Determining Authority to be—

• (i) explicitly withdrawn under section 70,

• (ii) implicitly withdrawn under section 71, or

• (iii) manifestly unfounded under section 167(2).

• (2) A person the subject of a return decision under subsection (1) shall be required to leave the State and may, while the return decision is in effect, be removed from the State or returned—

• (a) to the person’s country of origin,

• (b) in the case of an application rejected as being inadmissible on the ground referred to in section 157(3)(c), to the Member State that granted refugee status or subsidiary protection to the person, or

• (c) in the case of an application rejected as being inadmissible on the ground referred to in section 157(3)(d), to the Member State or third country to which the International Criminal Court or international tribunal has provided, or is unequivocally undertaking actions to provide, safe relocation.

• (3) The Minister shall notify, in writing, a person the subject of a return decision under subsection (1) and the person’s legal representative (if any) of—

• (a) the making of the return decision,

• (b) the reasons for the making of the return decision, and

• (c) the entitlement of the person the subject of the return decision to appeal the return decision under section 187(1)(e).

• (4) Where the applicant does not have a legal representative, the notice referred to in subsection (3) shall be provided in a language the applicant understands or is reasonably supposed to understand.

217. Entry ban notice

217. (1) Where a return decision is made under section 216 or 219, the Minister shall, by notice in writing to the person the subject of the return decision and the person’s legal representative (if any), require the person to remain outside the State.

• (2) A notice referred to in subsection (1) shall come into effect on the date on which the return decision concerned comes into effect under section 220.

• (3) Subject to subsection (5), the Minister shall revoke the notice referred to in subsection (1) and the return decision concerned where the person—

• (a) confirms the person’s intention to return voluntarily to the country specified in the return decision in accordance with section 213(4),

• (b) so returns in accordance with the period in section 213(5), and

• (c) confirms to the Minister, in accordance with section 213(8), the return to that country.

• (4) Subject to subsection (5), the Minister may revoke the notice referred to in subsection (1) and the return decision concerned where the person can demonstrate to the satisfaction of the Minister that the person has left the State in compliance with the return decision but in a manner other than that referred to in subsection (3).

• (5) Subsections (3) and (4) shall not apply where the Minister has reasonable grounds to believe that the person concerned poses a threat to public policy, public order or national security.

• (6) Where a return decision is set aside under section 195(5) or is revoked under section 219(2), the notice referred to in subsection (1) to which the return decision relates shall no longer have effect.

218. First country of asylum or safe third country return decision

218. (1) Subject to sections 221 and 225, the Minister shall make a return decision in respect of a person in accordance with this section at the same time as the person’s application is rejected as inadmissible by the Determining Authority on a ground referred to in section 157(3)(a) or (b).

• (2) Where a return decision is made under subsection (1), the person the subject of the return decision shall be required to leave the State and may, while the return decision is in effect, be removed from the State—

• (a) in the case of an application rejected as inadmissible on the ground referred to in section 157(3)(a), to the first country of asylum, or

• (b) in the case of an application rejected as inadmissible on the ground referred to in section 157(3)(b), to the safe third country.

• (3) The Minister shall notify, in writing, the person the subject of a return decision under subsection (1) and the person’s legal representative (if any) of—

• (a) the making of the return decision,

• (b) the reasons for the making of the return decision, and

• (c) the entitlement of the person the subject of the return decision to appeal the return decision under section 187(1)(e).

• (4) Where the person does not have a legal representative, the notice referred to in subsection (3) shall be provided in a language the person understands or is reasonably supposed to understand.

• (5) Subject to subsections (7) and (8), in the case of an application rejected as inadmissible on the ground referred to in section 157(3)(a), a return decision under subsection (1) shall cease to have effect on the earlier of—

• (a) where the first country of asylum does not readmit the person to its territory or the relevant authorities of the first country of asylum do not reply to the Minister in respect of the return within the period of 12 months after the date on which the return decision came into effect under section 220, the expiry of that period, or

• (b) where the relevant authorities of that first country of asylum reply to the Minister indicating that the country does not intend to readmit the person to its territory, the date of the reply.

• (6) Subject to subsections (7) and (8), in the case of an application rejected as inadmissible on the ground referred to in section 157(3)(b), a return decision under subsection (1) shall cease to have effect on the earlier of—

• (a) where the safe third country does not admit or readmit the person to its territory or the relevant authorities of the safe third country do not reply to the Minister in respect of the return within the period of 12 months after the date on which the return decision came into effect under section 220, the expiry of that period, or

• (b) where the relevant authorities of the safe third country reply to the Minister indicating that the country does not intend to admit or readmit the person to its territory, the date of the reply.

• (7) Where a person the subject of a return decision under subsection (1) absconds and as a result cannot be removed from the State, the period of 12 months referred to in subsection (5)(a) or (6)(a) shall be read as a reference to a period of 3 years.

• (8) Where a person the subject of a return decision under subsection (1) brings an application for judicial review in respect of the return decision under Order 84 of the Rules of the Superior Courts and the High Court suspends the operation of the return decision pending the determination of the application—

• (a) the period of 12 months referred to in subsection (5)(a) or (6)(a) shall start to run on the date of the final determination of the application concerned (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal), or

• (b) where the person absconds such that the person cannot be removed from the State within that 12 months, the period of 12 months referred to in subsection (5)(a) or (6)(a) shall be read as a reference to a period of 3 years from the date of the final determination.

• (9) Where a return decision under subsection (1) ceases to have effect in accordance with this section, the Minister shall inform the person the subject of the return decision, in writing, as soon as practicable thereafter, of the person’s entitlement to make a request in accordance with subsection (10).

• (10) Where a return decision under subsection (1) ceases to have effect in accordance with this section, the person’s application shall, notwithstanding the fact that the application is rejected as inadmissible on the ground referred to in section 157(3)(a) or (b), on the request of the person made in person to the Minister, be deemed to be admissible.

• (11) The Minister shall, as soon as practicable after a person makes a request referred to in subsection (10), inform the person and the person’s legal representative (if any) in writing of the effect of this section.

• (12) Subsection (10) is without prejudice to the power of—

• (a) the Determining Authority to subsequently reject the application as inadmissible on the basis of a ground in section 157 other than the ground referred to in the return decision, or

• (b) the Minister to take a transfer decision in relation to the person in accordance with Part 6.

219. Making of return decision before decision under Part 3 or 7

219. (1) Without prejudice to the continued consideration of the person’s application, where a person does not have a right to remain in the State under section 68(b)(ii), the Minister may make a return decision before a declaration is made or adopted under section 70 or 71 or a decision is given under section 156 in respect of the person’s application.

• (2) The Minister may revoke or amend a return decision made under subsection (1).

• (3) A person the subject of a return decision under subsection (1) that is in effect shall be required to leave the State and may be removed from the State or returned to the country specified in the return decision.

• (4) Paragraphs (a) and (b) of subsection (3), and subsection (4), of section 216 shall apply to the making of a return decision under subsection (1) as they apply to a return decision made under that section.

220. Coming into effect of return decision

220. (1) The effect of a return decision under section 216 or 218 shall be automatically suspended for as long as the person the subject of the return decision has a right to remain or is allowed to remain in the State in accordance with Part 8.

• (2) Without prejudice, in the case of a subsequent application, to section 65, a return decision made under section 216 or 218 shall come into effect when the person the subject of the return decision no longer has the right to remain in, and may be removed from, the State in accordance with Part 8.

• (3) A return decision made under section 219 shall come into effect on the date on which the return decision is made.

221. Exceptions to making of return decision

221. (1) The Minister shall not make a return decision under section 216 or 218 in respect of a person where—

• (a) the person is the subject of a deportation order,

• (b) there is a return decision in respect of the person in being under this Chapter, or

• (c) subject to subsection (3), the person is a member of a class or classes of persons prescribed under subsection (2).

• (2) The Minister may, for the purposes of subsection (1)(c), prescribe a class or classes of persons, being persons to whom such permission to remain in the State (given in accordance with the law of the State and being valid) as may be specified has been given.

• (3) Notwithstanding subsection (1)(c) and subject to subsection (4), the Minister shall make a return decision in respect of a person referred to in subsection (1)(c) where the Minister is of the opinion that it is in the interests of public policy, public order or national security to do so.

• (4) The Minister shall not make a return decision referred to in subsection (1) in respect of a person referred to in subsection (1)(c) where the person is a person—

• (a) to whom Regulation 3(1) or 20(12) of the European Communities (Free Movement of Persons) Regulations 2015 (S.I. No. 548 of 2015) applies, or

• (b) referred to in Regulation 5 or 6 of the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020 (S.I. No. 728 of 2020).

• (5) In making regulations under subsection (2), the Minister shall have regard to—

• (a) the nature and purposes of the permission,

• (b) the period for which a person to whom the permission is given may remain in the State, and

• (c) the type of conditions that may be attached to such a permission.

222. Requirements on person subject of return decision

222. (1) Subject to Chapter 2, an immigration officer or a member of An Garda Síochána may, for the purpose of facilitating the removal from the State or return of a person the subject of a return decision under this Chapter that is in effect, by notice in writing require the person to do one or more than one of the following:

• (a) present (either in person or electronically) to an immigration officer or a member of An Garda Síochána at such date, time and, where in person, place, as may be specified in the notice;

• (b) where, and only for so long as, it is reasonably necessary to facilitate the removal from the State or return of the person, surrender the person’s passport and any other travel document that the person holds;

• (c) cooperate in any way necessary to enable an immigration officer or a member of An Garda Síochána to obtain a passport or other travel document, travel ticket or other document required for the purpose of such removal from the State or return;

• (d) reside or remain in a particular place in the State pending the person’s removal from the State or return.

• (2) A notice under subsection (1) shall be in a language that the person understands or may reasonably be supposed to understand.

• (3) A person to whom a notice is given under subsection (1) shall comply with the notice.

223. Arrest and detention (Part 11)

223. (1) Subject to Chapters 2 and 3, an immigration officer or a member of An Garda Síochána (in this section referred to as an “arresting officer or member”) may, for the purpose of enforcing the return decision, arrest without warrant a person the subject of a return decision under this Chapter that is in effect and detain the person in accordance with subsection (2)—

• (a) where the arresting officer or member, with reasonable cause, suspects—

• (i) having regard to the matters referred to in subsection (5), that there is a risk of the person absconding,

• (ii) that the person is avoiding or intends to avoid the removal of the person from the State or the return, or is frustrating or intends to frustrate the removal or return,

• (iii) that the person poses a threat to public order or national security, or

• (iv) that the person is failing to comply with a requirement under section 222,

• (b) where the person is serving a term of imprisonment in a prison or place of detention, immediately on completion by the person of the term of imprisonment, or

• (c) where the person has failed to leave the State after the coming into effect of the return decision.

• (2) A person arrested under subsection (1) may, under warrant of the arresting officer or member, be taken by an immigration officer or a member of An Garda Síochána to and be detained—

• (a) in a place prescribed by the Minister (in this section referred to as a “place of detention”), in the custody of the person for the time being in charge of the place,

• (b) for a period or periods each not exceeding 12 hours, in a vehicle, for the purpose of bringing the person to the port from which the ship, train, road vehicle or aircraft referred to in subsection (3) is soon to leave the State, or

• (c) for a period or periods each not exceeding 12 hours, within the port referred to in paragraph (b).

• (3) An immigration officer or a member of An Garda Síochána may make the necessary arrangements to place the person detained under subsection (2) on, and place the person on, a ship, train, road vehicle or aircraft that is soon to leave the State and the person shall be deemed to be in lawful custody while so detained and until the ship, train, road vehicle or aircraft leaves the State.

• (4) The master or person in charge of a ship, train, road vehicle or aircraft that is soon to leave the State shall, if so directed by an immigration officer or a member of An Garda Síochána, receive a person the subject of a return decision under this Chapter on board the ship, train, road vehicle or aircraft and afford the person proper accommodation and maintenance during the journey concerned.

• (5) The matters to which an arresting officer or member referred to in subsection (1)(a)(i) may have regard, in considering whether there is a risk of the person absconding, include the following:

• (a) whether the person has misrepresented or omitted facts, whether or not by the use of false documents, in the processing of the person’s application or during the return or removal procedure;

• (b) whether the person has failed to comply with a requirement under section 222;

• (c) whether the person, having been informed of arrangements for the return or removal from the State, has failed to cooperate with those arrangements;

• (d) whether the person has explicitly expressed an intention not to comply with arrangements for the return or removal;

• (e) whether the person has previously failed to comply with the law of the State, or of another state, relating to the entry or presence of non-nationals in the State or, as the case may be, that state.

• (6) Subject to subsection (7), subsections (1) and (2) shall not apply to a person who is under the age of 18 years.

• (7) If and for so long as the arresting officer or member has reasonable grounds for believing that a person is not under the age of 18 years, the provisions of subsections (1) and (2) shall apply as if the person had attained the age of 18 years.

• (8) Where a person detained under this section institutes court proceedings challenging the validity of the return decision concerned, the court hearing those proceedings or any appeal therefrom may, on application to it, determine whether the person shall continue to be detained or shall be released, and may make any such release subject to such conditions as it considers appropriate, including, but without prejudice to the generality of the foregoing, any one or more than one of the following conditions:

• (a) that the person reside or remain in a particular district or place in the State;

• (b) that the person report to a specified Garda Síochána station or immigration officer at specified intervals;

• (c) that the person surrender any passport or travel document in the person’s possession.

• (9) Subject to subsections (10) and (11) and section 224, a person shall not be detained under this section for a period or periods exceeding 12 weeks in aggregate.

• (10) The following periods shall be excluded in reckoning an aggregate period for the purpose of subsection (9)—

• (a) any period during which the person is remanded in custody pending a criminal trial or serving a sentence of imprisonment,