International Protection Act 2026
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PART 11 Returns | ||
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Chapter 1 Return decisions | ||
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Return decision where application is inadmissible on certain grounds, unfounded, manifestly unfounded or withdrawn | ||
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216. (1) Subject to sections 221 and 225 , the Minister shall make a return decision in respect of a person in accordance with this section at the same time as the person’s application— | ||
(a) is rejected by the Determining Authority as— | ||
(i) inadmissible on a ground referred to in section 157 (2) or paragraph (c), (d), or (e) of section 157 (3), or | ||
(ii) unfounded under section 167 (1), | ||
or | ||
(b) is declared by the Determining Authority to be— | ||
(i) explicitly withdrawn under section 70 , | ||
(ii) implicitly withdrawn under section 71 , or | ||
(iii) manifestly unfounded under section 167 (2). | ||
(2) A person the subject of a return decision under subsection (1) shall be required to leave the State and may, while the return decision is in effect, be removed from the State or returned— | ||
(a) to the person’s country of origin, | ||
(b) in the case of an application rejected as being inadmissible on the ground referred to in section 157 (3)(c), to the Member State that granted refugee status or subsidiary protection to the person, or | ||
(c) in the case of an application rejected as being inadmissible on the ground referred to in section 157 (3)(d), to the Member State or third country to which the International Criminal Court or international tribunal has provided, or is unequivocally undertaking actions to provide, safe relocation. | ||
(3) The Minister shall notify, in writing, a person the subject of a return decision under subsection (1) and the person’s legal representative (if any) of— | ||
(a) the making of the return decision, | ||
(b) the reasons for the making of the return decision, and | ||
(c) the entitlement of the person the subject of the return decision to appeal the return decision under section 187 (1)(e). | ||
(4) Where the applicant does not have a legal representative, the notice referred to in subsection (3) shall be provided in a language the applicant understands or is reasonably supposed to understand. |