S.I. No. 726/2020 - International Protection Act 2015 (Return Order) Regulations 2020

1. (1) These Regulations may be cited as the International Protection Act 2015 (Return Order) Regulations 2020.

(2) These Regulations shall come into operation on 1 January 2021.

2. The form set out in the Schedule is hereby prescribed for the purposes of subsection (5) of section 51A (inserted by

section 121

of the

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

(No. 23 of 2020)) of the

International Protection Act 2015

(No. 66 of 2015).

SCHEDULE

RETURN ORDER

WHEREAS it is provided by section 51A of the

International Protection Act 2015

(No. 66 of 2015) that, subject to the provisions of section 50A (prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)) of the Act, the Minister for Justice shall by order require a person whose application for international protection has been determined under section 21(11) to be inadmissible to leave the State;

WHEREAS ........................ [insert name of person] is a person to whom subsection (1) of section 51A applies and in respect of whom a return order shall be made under subsection (1) of the said section 51A;

AND WHEREAS the provisions of section 50A (prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)) of the

International Protection Act 2015

are complied with in the case of .......................... [insert name of person],

NOW, I, ............................., Minister for Justice, in exercise of the powers conferred on me by subsection (1) of section 51A of the

International Protection Act 2015

, hereby require you the said ................................ [insert name of person] to leave the State and to return to ......................... in accordance with the arrangements specified in the notice given to you under subsection (3) of the said section 51A.

GIVEN UNDER my Official Seal this [........................Insert date],

_____________________Minister for Justice

GIVEN under my Official Seal,

31 December, 2020.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

(

This Note is not part of the Instrument and does not purport to be a legal interpretation.

)

These Regulations prescribe the Return Order to be issued under section 51A of the

International Protection Act 2015

. Section 51A was inserted by the

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th January,

2021.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 and subsection (5) of section 51A (inserted by section 121 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act (No. 23 of 2020)) of the

International Protection Act 2015

(No. 66 of 2015) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 452 of 2020

)), hereby make the following regulations