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RLS FAQs - Frequently Asked Questions

9. What is detention under section 9(8) of the Refugee Act?
Under section 9(8) of the Refugee Act an immigration officer/member of the Garda Síochána may detain an applicant for asylum if, with reasonable cause, they suspect that an applicant—
(a) poses a threat to national security or public order in the State,
(b) has committed a serious non-political crime outside the State,
(c) has not made reasonable efforts to establish his or her true identity,
(d) intends to avoid removal from the State in the event of his or her application for asylum being transferred to a Convention country pursuant to section 22 or a safe third country (within the meaning of that section),
(e) intends to leave the State and enter another state without lawful authority, or
(f) without reasonable cause has destroyed his or her identity or travel documents or is in possession of forged identity documents.

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