Duration of detention

Republic of Ireland

Country Report: Duration of detention Last updated: 30/11/20

Author

Irish Refugee Council Visit Website

There is no maximum duration for detention set out in the IPA and the Reception Conditions Regulations 2018 fail to include the provision that an applicant “shall be detained for as short a period as possible” in line with Article 9 of the recast Reception Conditions Directive. However, detention under the Dublin Regulation shall not exceed seven days.[1]

Data is not available on how long protection applicants are detained but it is generally considered to be a short period of time pre-removal. The Irish Prison Service data does not break down between detention on other immigration grounds and detention as an asylum seeker.

As noted in Alternatives to Detention, Section 20 IPA shows that District Court judges can apply detention for consecutive 21 day time periods with no upper limit so detention could be indefinite under this provision.

 


[1]           Regulation 10(4) European Union (Dublin System) Regulations 2018.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation