International Protection Act 2026

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Review of restriction of freedom of movement

108. (1) A person who is the subject of a requirement under section 102 or 103 may, within 5 working days of the date of the making of that requirement, apply in writing to the Minister for a review of the requirement or of part of it.

(2) The Minister, on receipt of an application under subsection (1), shall appoint an officer of the Minister (referred to in this Chapter as a “review officer”) to perform the functions of a review officer under this section.

(3) Where the requirement under review was made by a member of An Garda Síochána, the officer of the Minister appointed shall be of Executive Officer grade or higher.

(4) Where the decision under review was made by an officer of the Minister or an immigration officer, the Minister shall appoint an officer of the Minister of a rank that is the same or higher than the officer who made the decision that gave rise to the application for a review.

(5) The review officer, having reviewed the requirement that gave rise to the application for a review, may vary, affirm or set aside the requirement.

(6) A review officer shall within 10 working days notify the person the subject of the requirement of his or her decision under subsection (5) and where the requirement is varied or affirmed of the reasons for it.

(7) Where a person applies under subsection (1) for a review of a requirement, the requirement shall remain in force until, as the case may be—

(a) the review officer notifies the person of his or her decision to vary the requirement,

(b) the review officer notifies the person of his or her decision to set aside the requirement,

(c) where the decision of the review officer referred to in subsection (5) is appealed to the Tribunal, the Tribunal notifies the person of its decision to vary or set aside the decision, or

(d) the requirement is otherwise varied by an immigration officer, an officer of the Minister or a member of An Garda Síochána.