International Protection Act 2026

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Detention as last resort

119. (1) Minors shall, as a rule, not be detained but shall be placed in suitable accommodation in accordance with Chapter 2 of Part 4 .

(2) Without prejudice to section 118 , an immigration officer or a member of An Garda Síochána may arrest without warrant and detain an applicant who has in his or her custody an applicant who is a minor (whether the applicant is a parent of the minor or a person acting in loco parentis or any other person) where—

(a) it is necessary for the purposes of determining or verifying the identity or nationality of the applicant,

(b) the member or officer is satisfied that a requirement under section 113 cannot be applied in relation to the applicant effectively, and

(c) the minor in the applicant’s custody is detained in accordance with subsection (3).

(3) An immigration officer or a member of An Garda Síochána may, in exceptional circumstances and as a measure of last resort, arrest without warrant and detain a minor who is in the custody of an applicant (whether the applicant is a parent or a person acting in loco parentis or any other person) where that applicant is detained in accordance with subsection (2) and where—

(a) it is necessary for the purposes of determining or verifying the identity or nationality of the minor,

(b) the member or officer is satisfied that a requirement under section 113 cannot be applied in relation to the minor effectively, and

(c) it is assessed by the member or officer that the detention is in the minor’s best interests.

(4) An immigration officer or a member of An Garda Síochána may, in exceptional circumstances and as a measure of last resort, arrest without warrant an applicant who is an unaccompanied minor and detain the unaccompanied minor where—

(a) it is necessary for the purposes of determining or verifying the identity or nationality of the unaccompanied minor,

(b) the member or officer is satisfied that a requirement under section 113 cannot be applied effectively, and

(c) it is assessed by the member or officer that the detention is in the unaccompanied minor’s best interests and safeguards the unaccompanied minor.

(5) A minor referred to in subsection (3) or (4) shall be detained—

(a) for the shortest possible period of time having regard to the purpose of the detention, and in any event for a maximum period of 12 hours,

(b) separately from adults (other than the minor’s parent or a person acting in loco parentis),

(c) in the case of an unaccompanied minor, in facilities (or in a vehicle for the purposes of bringing the minor to facilities)—

(i) adapted to the housing of unaccompanied minors, prescribed by the Minister for that purpose (which shall not be a prison, children detention school or Garda Síochána station), and

(ii) provided with staff qualified to safeguard the rights of unaccompanied minors and attend to their needs,

and

(d) in the case of an accompanied minor, in facilities (or in a vehicle for the purposes of bringing the minor to facilities) adapted to the needs of minors.

(6) An applicant detained under subsection (2) shall be detained—

(a) with the minor who was in his or her custody who is detained in accordance with subsection (3), and

(b) for the shortest possible period of time having regard to the purpose of the detention and, in any event, for a maximum period of 12 hours.

(7) A person detained under this section shall be detained under warrant of the arresting officer or member and in the custody of the officer of the Minister or member of An Garda Síochána for the time being in charge of the place at which he or she is detained.

(8) A warrant referred to in subsection (7) shall state—

(a) the reasons in fact and in law, including the ground under section 112 , on which the detention is based,

(b) the alternative measures to detention under section 113 considered by the officer or member detaining the applicant, and

(c) the reasons why those alternative measures cannot be applied effectively.

(9) 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, in the case of a minor, the minor and the adult responsible for the minor or his or her representative person or provisional representative person (where appointed) 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 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

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

(10) The Minister may make regulations providing for the form of a warrant referred to in subsection (7) and prescribing standards of treatment of persons detained under this section.