International Protection Act 2026

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Arrest and detention of applicants

118. (1) A person shall be detained under this section only for as short a period as possible having regard to the reason for the detention and in the case of detention under section 112 (f) for no longer than the time reasonably necessary to complete the required administrative procedures with due diligence until the transfer is carried out.

(2) An immigration officer or a member of An Garda Síochána may arrest without warrant and detain an applicant, other than an applicant who is a minor, on one or more of the grounds specified in section 112 , where—

(a) he or she, or another immigration officer or member of An Garda Síochána, has carried out an individual assessment in relation to the applicant, and

(b) he or she is of the opinion—

(i) that the other less coercive alternative measures provided for in section 113 cannot be applied effectively, and

(ii) that such detention is necessary.

(3) A person detained under subsection (2) shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained.

(4) An immigration officer or, as the case may be, a member of An Garda Síochána who detains a person under this section shall immediately inform the person, or cause him or her to be informed, in writing, in a language that he or she understands or may reasonably be supposed to understand—

(a) that he or she is being detained under this section,

(b) of the reasons for his or her detention,

(c) that he or she shall, as soon as practicable, be brought before a court which shall determine whether or not he or she should be committed to a place of detention or released,

(d) that he or she is entitled to—

(i) seek free legal assistance and legal representation,

(ii) consult a legal representative, and

(iii) challenge his or her detention by making a complaint under Article 40.4.2° of the Constitution,

and

(e) of the procedures for making a complaint under Article 40.4.2° of the Constitution.

(5) Where a person is brought before a judge of the District Court under subsection (3), the judge may—

(a) subject to subsection (6), and if satisfied that one or more of the paragraphs of section 112 apply in relation to the person, commit the person concerned to—

(i) a specialised detention facility, or

(ii) where accommodation cannot be provided at such a facility, to such other appropriate place,

prescribed by the Minister for the purposes of this Part (referred to in this Part as a “place of detention”) for a period not exceeding 21 days from the time of his or her detention, or

(b) without prejudice to subsection (6), order the release of the person and make such release subject to such conditions as the judge may direct, including a requirement under section 113 , to be supervised by an immigration officer or a member of An Garda Síochána, or a requirement to surrender any passport or other travel document that he or she holds.

(6) If, at any time during the detention of a person under this section, an immigration officer or a member of An Garda Síochána is of the opinion that none of the paragraphs of section 112 applies in relation to the person, the person shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the person is being detained and, if the judge is satisfied that none of the paragraphs of section 112 applies in relation to the person, the judge shall order the release of the person.

(7) Where a person is released from a place of detention subject to one or more of the conditions referred to in subsection (5)(b), a judge of the District Court assigned to the District Court district in which the person’s dwelling is situated may, on the application of the person, an immigration officer or a member of An Garda Síochána, if the judge considers it appropriate to do so, vary, revoke or add a condition to the release, and a reference in this section to a condition referred to in subsection (5)(b) shall be construed as including a reference to such a condition as varied or added to under this subsection.

(8) A member of An Garda Síochána may arrest without warrant and detain, in a place of detention, a person who, in the member’s opinion, has failed to comply with a condition imposed by the District Court under subsection (5)(b).

(9) A person detained under subsection (8) shall be brought as soon as practicable before a judge of the District Court assigned to the District Court district in which the person is being detained, and subsections (5), (6) and (7) shall apply to such person detained under subsection (8) as they apply to a person referred to in subsection (3), subject to the modifications that references in those subsections to the judge being satisfied that one or more of the paragraphs of section 112 apply shall be construed as a reference to his or her being satisfied that the person has failed to comply with a condition referred to in subsection (5)(b) and any other necessary modifications.

(10) If a judge of the District Court is satisfied in relation to a person brought before him or her under subsection (8) that the person has complied with the condition referred to in that subsection, the judge shall order the release of the person.

(11) Where a person is detained under subsection (2) or (8), a judge of the District Court assigned to the District Court district in which the person is being detained may, if satisfied that one or more of the paragraphs of section 112 applies in relation to the person, commit the person for further periods (each period being a period not exceeding 21 days) pending the determination of the person’s application for international protection.