International Protection Act 2026
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Conditions of detention | ||
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125. (1) Where an applicant detained under section 118 is kept in prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Part shall apply. | ||
(2) Detained applicants shall, as far as possible, be kept separately from other third country nationals who have not lodged an application for international protection. | ||
(3) Where applicants cannot be detained separately from other third-country nationals, the Minister shall ensure that the detention conditions provided for by or under this Part are applied. | ||
(4) Detained applicants shall have access to open-air spaces. | ||
(5) Persons representing the High Commissioner and organisations which are working on the territory of the State on behalf of the High Commissioner pursuant to an agreement with the State shall have the possibility to communicate with and visit applicants in conditions that respect privacy. | ||
(6) Family members, legal representatives and persons representing relevant non-governmental organisations recognised by the State shall have the possibility to communicate with and visit applicants in conditions that respect privacy. | ||
(7) For the purposes of this section, limits to access to the place of detention may be imposed only where they are objectively necessary for security, public order or the administrative management of the place of detention, and provided that access is not thereby severely restricted or rendered impossible. | ||
(8) The person in charge of the place of detention in which an applicant is, or is to be, detained under section 118 or 119 shall, without delay, provide the applicant with information— | ||
(a) that explains the rules applied in the place of detention in which the detained applicant is, or is to be, detained, and | ||
(b) setting out, in a language that he or she understands or may reasonably be supposed to understand, the detained applicant’s rights and obligations while he or she is detained in the place of detention. |