International Protection Act 2026

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First country of asylum or safe third country return decision

218. (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 is rejected as inadmissible by the Determining Authority on a ground referred to in section 157 (3)(a) or (b).

(2) Where a return decision is made under subsection (1), the person the subject of the return decision shall be required to leave the State and may, while the return decision is in effect, be removed from the State—

(a) in the case of an application rejected as inadmissible on the ground referred to in section 157 (3)(a), to the first country of asylum, or

(b) in the case of an application rejected as inadmissible on the ground referred to in section 157 (3)(b), to the safe third country.

(3) The Minister shall notify, in writing, the 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 person does not have a legal representative, the notice referred to in subsection (3) shall be provided in a language the person understands or is reasonably supposed to understand.

(5) Subject to subsections (7) and (8), in the case of an application rejected as inadmissible on the ground referred to in section 157 (3)(a), a return decision under subsection (1) shall cease to have effect on the earlier of—

(a) where the first country of asylum does not readmit the person to its territory or the relevant authorities of the first country of asylum do not reply to the Minister in respect of the return within the period of 12 months after the date on which the return decision came into effect under section 220 , the expiry of that period, or

(b) where the relevant authorities of that first country of asylum reply to the Minister indicating that the country does not intend to readmit the person to its territory, the date of the reply.

(6) Subject to subsections (7) and (8), in the case of an application rejected as inadmissible on the ground referred to in section 157 (3)(b), a return decision under subsection (1) shall cease to have effect on the earlier of—

(a) where the safe third country does not admit or readmit the person to its territory or the relevant authorities of the safe third country do not reply to the Minister in respect of the return within the period of 12 months after the date on which the return decision came into effect under section 220 , the expiry of that period, or

(b) where the relevant authorities of the safe third country reply to the Minister indicating that the country does not intend to admit or readmit the person to its territory, the date of the reply.

(7) Where a person the subject of a return decision under subsection (1) absconds and as a result cannot be removed from the State, the period of 12 months referred to in subsection (5)(a) or (6)(a) shall be read as a reference to a period of 3 years.

(8) Where a person the subject of a return decision under subsection (1) brings an application for judicial review in respect of the return decision under Order 84 of the Rules of the Superior Courts and the High Court suspends the operation of the return decision pending the determination of the application—

(a) the period of 12 months referred to in subsection (5)(a) or (6)(a) shall start to run on the date of the final determination of the application concerned (including where notice of appeal is given, the final determination of the appeal or any further appeal therefrom or the withdrawal of the appeal), or

(b) where the person absconds such that the person cannot be removed from the State within that 12 months, the period of 12 months referred to in subsection (5)(a) or (6)(a) shall be read as a reference to a period of 3 years from the date of the final determination.

(9) Where a return decision under subsection (1) ceases to have effect in accordance with this section, the Minister shall inform the person the subject of the return decision, in writing, as soon as practicable thereafter, of the person’s entitlement to make a request in accordance with subsection (10).

(10) Where a return decision under subsection (1) ceases to have effect in accordance with this section, the person’s application shall, notwithstanding the fact that the application is rejected as inadmissible on the ground referred to in section 157 (3)(a) or (b), on the request of the person made in person to the Minister, be deemed to be admissible.

(11) The Minister shall, as soon as practicable after a person makes a request referred to in subsection (10), inform the person and the person’s legal representative (if any) in writing of the effect of this section.

(12) Subsection (10) is without prejudice to the power of—

(a) the Determining Authority to subsequently reject the application as inadmissible on the basis of a ground in section 157 other than the ground referred to in the return decision, or

(b) the Minister to take a transfer decision in relation to the person in accordance with Part 6 .