International Protection Act 2026

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Application of alternative to detention

115. (1) A requirement under section 113 shall be—

(a) based on an individual assessment of the applicant’s circumstances,

(b) proportionate to the ground specified in section 112 on which it is made, and

(c) in the case of a requirement under section 113 (1)(a), of such duration only as is required to comply with the relevant procedural requirement.

(2) A requirement under section 113 shall—

(a) be in writing,

(b) state the reasons in fact and, where relevant, in law for the requirement,

(c) be communicated to the applicant to whom it is made in writing together with information regarding the procedures for challenging the requirement and the consequences of non-compliance with the obligations imposed by the requirement, and

(d) be in a language that the applicant understands or is reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

(3) A person who makes a requirement under section 113 shall, without delay, inform the person who is the subject of the requirement, or cause him or her to be informed, in writing, in a language that he or she understands or may reasonably be supposed to understand, of—

(a) the requirement,

(b) the reason for the requirement and the relevant ground specified in section 112 ,

(c) the possible consequences of not complying with the procedural requirement identified in the requirement,

(d) his or her right to appeal or challenge the requirement,

(e) the procedures for making such an appeal or challenge, and

(f) his or her right to seek legal assistance and legal representation in respect of an appeal or challenge to the requirement.

(4) A person the subject of a requirement under section 113 is entitled to the assistance of an interpreter for the purpose of consultation with a legal representative and for the purpose of any appearance before a court in order to challenge the requirement.