International Protection Act 2026

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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,

(b) any period spent by the person in a vehicle referred to in subsection (2), and

(c) if the person has instituted court proceedings challenging the validity of the return decision concerned, any period spent by the person in a place of detention between the date of the institution of the proceedings and the date of their final determination including, where notice of appeal is given, the period between the giving of the notice and the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal or, as appropriate, the expiry of the ordinary time for instituting any such appeal.

(11) Periods of detention of a person may be aggregated for the purposes of subsection (9) only where the person concerned has, between the expiry of the earliest occurring period and the commencement of the latest occurring period, not left the State.