International Protection Act 2026
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Continuance of detention under section 223 | ||
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224. (1) Where a person who is the subject of a return decision that is in effect under this Chapter is being detained under section 223 , and the period of detention, or aggregate of the periods of detention if the person was previously detained under section 223 or under section 230 and subsequently under section 223 , as the case may be, is at, or is approaching, 12 weeks, and it is necessary for the purpose of enforcing the return decision— | ||
(a) the person shall, on or before the expiry of that period of 12 weeks, be brought before a judge of the District Court, and | ||
(b) the person shall continue to be detained under section 223 only with the leave of a judge of the District Court. | ||
(2) Where a person who is the subject of a return decision that is in effect under this Chapter has previously been detained under section 223 or 230 , and the period, or the aggregate of the periods, of the previous detention is 12 weeks or, where leave was previously granted under subsection (1), more than 12 weeks, and the person is arrested and detained under section 223 — | ||
(a) the person shall, as soon as practicable, be brought before a judge of the District Court, and | ||
(b) the person shall continue to be detained under section 223 only with the leave of a judge of the District Court. |