International Protection Act 2026
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PART 5 RESTRICTION OF FREEDOM OF MOVEMENT AND DETENTION | ||
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Chapter 1 Preliminary and general | ||
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Application of Part 5 | ||
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100. (1) This Part applies to a person who is present on the territory of the State and is— | ||
(a) an applicant, provided that the person— | ||
(i) is not the subject of a transfer decision under Part 6 or, where so subject, has made a request to remain under section 141 that has yet to be determined or has made such a request and been granted the right to remain in the State under that section, or | ||
(ii) is not the subject of a return decision that is in effect under Part 11 , | ||
or | ||
(b) where the person is not an applicant under this Act, a person who has made an application under section 15 of the Act of 2015, provided that the person— | ||
(i) has not ceased to be an applicant within the meaning of the Act of 2015, | ||
(ii) has not received a notification under section 21(11) of the Act of 2015, or | ||
(iii) has not been refused consent under section 22(15) of the Act of 2015. | ||
(2) References in this Part to an “applicant” shall be construed in accordance with this section. |