International Protection Act 2026
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Chapter 5 Complaints, investigations and inspections | ||
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Inspections and complaints of designated asylum border facilities | ||
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271. (1) The Chief Inspector shall, in furtherance of the functions of the Office of the Chief Inspector, carry out inspections, including on-the-spot checks and random, unannounced checks at any designated asylum border facility as he or she considers appropriate. | ||
(2) The purpose of an inspection carried out under subsection (1) is to ensure that fundamental rights are being respected and observed within the designated asylum border facility. | ||
(3) The Chief Inspector, in accordance with subsection (1), may be accompanied by such staff of the Chief Inspector as he or she may consider necessary or expedient for the performance of his or her functions under this section. | ||
(4) The body responsible for the management of each designated asylum border facility to be visited shall facilitate unrestricted access to such designated asylum border facilities by the Chief Inspector. | ||
(5) The Minister, any other relevant Minister of the Government and the body responsible for the management of a designated asylum border facility to which the Chief Inspector seeks access shall ensure that the Chief Inspector is provided with all reasonable assistance to interview, where necessary, in private, either personally or through an interpreter, any applicant the Chief Inspector chooses to interview and any other person at the designated asylum border facility whom the Chief Inspector chooses to interview. | ||
(6) If a breach of fundamental rights is identified in the course of an inspection under this section, the Chief Inspector may conduct a formal investigation under section 273 . | ||
(7) A complaint concerning any allegation of a breach of fundamental rights within a designated asylum border facility may be made, and shall be referred, to the Chief Inspector. | ||
(8) The Chief Inspector shall ensure that appropriate arrangements are in place— | ||
(a) for receiving, recording and acknowledging the receipt of complaints made under subsection (7), and | ||
(b) for recording the referral of those complaints. | ||
(9) The Minister shall ensure that appropriate arrangements are in place— | ||
(a) for receiving, recording and acknowledging the receipt of complaints made under subsection (7), and | ||
(b) for recording the referral of those complaints to the Chief Inspector. | ||
(10) The Minister shall, not later than 3 years after the coming into operation of this section and at such further intervals as he or she considers appropriate, review the operation of this section in so far as it requires the referral to the Chief Inspector under subsection (7) of complaints concerning allegations of breaches of fundamental rights within a designated asylum border facility. |