International Protection Act 2026
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Grounds of detention and application of alternatives to detention | ||
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112. The following grounds are the grounds referred to in sections 113 and 118 : | ||
(a) to determine or verify the identity or nationality of the applicant; | ||
(b) to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding; | ||
(c) to ensure compliance with a requirement under section 102 to which the applicant is subject where— | ||
(i) the applicant has not complied with such requirement, and | ||
(ii) there continues to be a risk of absconding; | ||
(d) to decide, in the context of the asylum border procedure, under Chapter 6 of Part 7 , whether the applicant should be authorised to enter the State; | ||
(e) in circumstances where— | ||
(i) the applicant— | ||
(I) is detained under— | ||
(A) section 223 or 230 , | ||
(B) subsection (1) or (2) of section 5 of the Act of 1999, | ||
(C) paragraph (a) of subsection (2) of section 5 of the Act of 2003, | ||
(D) subsection (3) of section 3 of the Immigration Act 2004 , or | ||
(E) Regulation 22(1) of the European Communities (Free Movement of Persons) Regulations 2015 ( S.I. No. 548 of 2015 ), | ||
or | ||
(II) is serving a prison sentence following a conviction and is subject to a deportation order, | ||
in order to prepare the return, or carry out the removal process, and | ||
(ii) the Minister can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of a return decision or deportation order; | ||
(f) in order to ensure transfer procedures are carried out in accordance with the Asylum and Migration Management Regulation in circumstances where the Minister takes a decision under section 138 to transfer an applicant to the Member State responsible or the Member State of relocation (within the meaning of the Asylum and Migration Management Regulation) and— | ||
(i) there is a risk of the applicant absconding, or | ||
(ii) the protection of national security or public order so requires; | ||
(g) when protection of national security or public order so requires. |