District Court (Refugee Act, 1996) Rules 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules may be cited as the District Court (Refugee Act, 1996) Rules 2005.
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paragraphs: These Rules Shall Come into operation on the 1st day of December 2005 and shall be read together with all other District Court Rules for the time being in force.
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paragraphs: Order 38 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the addition of the following Rules after Rule 9 thereof:-
“Procedure under Refugee Act, 1996
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paragraphs: In Rules 11 to 15 inclusive following, “the Act” means the Refugee Act, 1996 (No. 17 of 1996)
Commitment to detention
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paragraphs: Where a person who has been detained pursuant to subsection (8) or subsection (13) (a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is committed by the Court to a place of detention as provided for in subsection (10)(b)(i) or subsection (13)(b) or subsection (14)(a) as the case may be, of section 9 of the Act, the order of detention shall be in the Form 38.16, Schedule B.
Conditional release
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paragraphs: Where a person who has been detained pursuant to subsection (8) or subsection (13)(a) of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district in which the person is being detained and is released pursuant to the provisions of subsection (10)(b)(ii) or subsection (13)(b) as the case may be, of section 9 of the Act the order of release shall be in the Form 38.17, Schedule B.
Variation of conditional release
- application
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paragraphs: Where a person has been released from detention on one of the conditions referred to in subsection (10)(b)(ii) of section 9 of the Act, an application in the Form 38.18, Schedule B, may be made pursuant to subsection (10)(d) or subsection (13)(b) of section 9 of the Act, to a Judge of the District Court assigned to the District Court district in which the person resides, by the person, an immigration officer, or a member of the Garda SiochÃ¡na to vary a condition on which the person was released. Such application may be served in the manner provided by Order 10 of these Rules and shall be served at least four clear days before the date for hearing the application. The original of the application shall be lodged with the Clerk at least forty eight hours before the date of hearing. The order of the Court on the application shall be in the Form 38.19, Schedule B.
- service
- order
Order of release
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paragraphs: Where a person who has been detained pursuant to the provisions of section 9 of the Act is brought, under the provisions of subsection (10)(c) or subsection (13)(b) of section 9 of the Act before a Judge of the District Court assigned to the District Court district where the person is being detained and the Court orders the release of that person, the order of release shall be in the Form 38.20, Schedule B.
Order
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paragraphs: Where a person detained pursuant to the provisions of section 9 of the Act is brought before a Judge of the District Court assigned to the District Court district where the person has been detained, the order of the Judge under the provisions of subsection (14)(b) of section 9 of the Act shall be in the Form 38.21, Schedule B.”