International Protection Act 2026
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Review of detention under Part 11 | ||
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234. (1) A person who is detained under section 223 or 230 for more than 4 weeks may request, in writing, a review of the detention for the purposes of determining whether the grounds on which the person is detained under section 223 or 230 continue to apply. | ||
(2) A review requested under subsection (1) shall be carried out— | ||
(a) where the person is detained under warrant of a member of An Garda Síochána, by a member of An Garda Síochána who is more senior than the first-mentioned member and, in any event, is at least of the rank of Superintendent, or | ||
(b) where the person is detained under warrant of an immigration officer, by an officer of the Minister who is of a grade more senior than the immigration officer, and is otherwise of a grade determined by the Minister. | ||
(3) The person may, when making the request, offer in writing the reasons that the person is of the view the grounds for the detention under section 223 or 230 no longer apply. | ||
(4) If the person detained has a legal representative, the legal representative may request the review on behalf of the person. | ||
(5) The member of An Garda Síochána or officer of the Minister carrying out the review shall consider— | ||
(a) the grounds on which the person is detained, | ||
(b) the reasons set out by the person under subsection (3) (if any), and | ||
(c) any change in circumstances that has occurred since the detention began and that is relevant to the person’s continued detention. | ||
(6) The member of An Garda Síochána or officer of the Minister carrying out the review, shall, having considered the matters referred to in subsection (5), direct the release of the person if the member or officer considers that there are no grounds for continuing to detain the person under section 223 or 230 . |