International Protection Act 2026
|
Detention of persons with special reception needs | ||
|
122. (1) An immigration officer or a member of An Garda Síochána shall not detain an applicant with special reception needs under section 118 where to do so would put his or her physical and mental health at serious risk. | ||
(2) When detaining an applicant under this Part, the immigration officer or member of An Garda Síochána shall take into account any visible signs, statements or behaviour indicating that the applicant has special reception needs. | ||
(3) Where a person is detained under this Part and the assessment provided for in section 81 has not yet been completed, it shall be completed without undue delay and the results of the assessment shall be taken into account when deciding whether to continue detention or whether the detention conditions need to be adjusted. | ||
(4) Where an applicant with special reception needs is detained under this Part, the Minister shall ensure that the health, including the mental health, of the applicant shall be of primary concern while he or she is in detention. | ||
(5) Where applicants with special reception needs are detained, the Minister shall ensure regular monitoring of, and the provision of timely and adequate support to, those applicants, taking into account their particular situation, including their physical and mental health. |