Dáil Éireann Debate, Tuesday - 15 June 2021
1138. Deputy Catherine Connolly asked the Minister for Justice the number of return orders issued under section 51A of the International Protection Act 2015 (as amended) in total and individually to the United Kingdom; and if she will make a statement on the matter. [31243/21]
View answerI can confirm that no Return Orders have been issued to date in 2021, under the relevant Section of the International Protection Act 2015 (as amended).
The 2015 Act was amended by Part 18 of the Brexit Omnibus Act 2020, and the relevant provisions came into effect from 1 January 2021. This means that the amendments do not apply to people whose applications were deemed inadmissible in 2020 or earlier.
The relevant amendments mean that a Return Order can be made for people whose applications for international protection are determined to be inadmissible. An application can be considered as inadmissible if the person arrived in the State from a safe third country (such as the UK), and if, among other matters, the person has a sufficient connection with the country concerned. The matters to be considered are set out in the amendment to section 21 of the 2015 Act, which is outlined in Part 18 of the Brexit Omnibus Act.
An application may also be deemed inadmissible if for example the applicant has protection status in another EU Member State, and a Return Order would also apply to such cases once determined as inadmissible.
A person to whom an inadmissible notification is sent may appeal the recommendation to the International Protection Appeals Tribunal (IPAT). A final determination will issue if the appeal is subsequently unsuccessful, allowing for a Return Order to issue in such a case.
