Catherine Connolly (Galway West, Independent)
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1137. To ask the Tánaiste and Minister for Justice and Equality the number of recommendations made under section 21(3) of the International Protection Act 2015 to date in 2021; and if she will make a statement on the matter. [31242/21]

James Browne (Wexford, Fianna Fail)
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Two recommendations were made under section 21(3) of the International Protection Act 2015 between January and the end May 2021.

These applications for international protection were deemed inadmissible under section 21(2)(a) of the International Protection Act 2015, as another EU Member State had already granted refugee status or subsidiary protection status to the person. This precludes them from making an application for international protection in the State.

Catherine Connolly (Galway West, Independent)
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1138. To ask the Tánaiste and Minister for Justice and Equality 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]

James Browne (Wexford, Fianna Fail)
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I 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.