International Protection Act 2026

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Arrest and detention under return border procedure

230. (1) Subject to Chapter 3, an immigration officer or a member of An Garda Síochána (in this section referred to as the “arresting officer or member”) may, as a measure of last resort and for the purpose of enforcing the return decision concerned, arrest without warrant a person to whom this Chapter applies and detain the person in accordance with subsection (2) where the arresting officer or member is of the opinion, based on reasonable grounds—

(a) that the measures referred to in section 227 cannot be applied effectively to the person, and

(b) that the arrest and detention of the person is necessary as—

(i) having regard to the matters referred to in subsection (7), there is a risk of the person absconding,

(ii) the person is avoiding the removal or frustrating the removal from the State or return, or

(iii) the person poses a threat to public order or national security.

(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) for a period not exceeding 12 weeks (or until this Chapter ceases to apply to the person, if earlier), in a place prescribed by the Minister, 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 to whom this Chapter applies on board the ship, train, road vehicle or aircraft and afford the person so received proper accommodation and maintenance during the journey concerned.

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

(6) If and for so long as the arresting officer or member has reasonable grounds for believing that the 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.

(7) The matters referred to in subsection (1)(b)(i) to which the arresting officer or member 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 227 ;

(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.

(8) Without prejudice to section 226 , 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.