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Form 38.16A Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(10)

Form 38.16A is an Order of Committal to a Place of Detention made under Section 20(10) of the International Protection Act 2015. It is used when a court decides to detain a person pending a decision on an international protection application.

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Form Overview

Courts Service of Ireland - Form 38.16A Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(10)

Form 38.16A is an Order of Committal to a Place of Detention made under Section 20(10) of the International Protection Act 2015. It is used when a court decides to detain a person pending a decision on an international protection application.

It captures the person's name, case number, details of the detention centre, and the legal basis for the committal under the 2015 Act.

Risk Radar

Scan points
  • 1The most common mistake is forgetting the judge’s signature, which makes the order invalid.
  • 2Incorrect case reference number
  • 3Wrong detention centre address
  • 4Missing judge’s signature
  • 5Date entered after the hearing

Plain English

If a judge decides you must stay in a detention centre while your asylum claim is being considered, this form records that order. It is a formal court document that tells the detention facility to hold the person.

Submission Date

  • Filing date: The order must be signed and filed on the same day as the hearing, and a copy must reach the detention centre before the person is transferred.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • When a court orders detention pending an international protection decision.
  • When the order must reference Section 20(10) of the 2015 Act.
  • When the person is to be transferred to a state‑run Place of Detention.
  • Instead of a general committal order (different form).
  • When the decision is made during a protection hearing, not a criminal proceeding.

Form selector

Use this form or another form?

Criminal conviction pending sentencing

Different legal basis

✓ Verify the charge type first

Form 38.14 – Order of Committal for Criminal Cases

Voluntary surrender to a detention centre

Administrative process

✓ Use the Detention Centre’s intake form

No court form required

Appeal against committal decision

Appeals are separate

✓ Submit within 14 days of the order

Form 38.20 – Notice of Appeal

Deadline or filing window

The order must be signed and filed on the same day as the hearing, and a copy must reach the detention centre before the person is transferred.

Before you submit

  1. 1Case reference matches the protection application.
  2. 2Applicant’s full name and DOB are correct.
  3. 3Detention centre name and address are accurate.
  4. 4Section 20(10) citation is present.
  5. 5Judge’s signature and date are legible.
  6. 6Court seal or stamp is applied if required.
  7. 7Original filed with the court registry.
  8. 8Copy sent to the detention centre via registered post or electronic upload.
  9. 9Retain a dated copy in the case file.

How to file this form

  1. 1Download the latest Form 38.16A from courts.ie.
  2. 2Complete all required fields in black ink or electronically.
  3. 3Have the presiding judge sign and date the order.
  4. 4Submit the original to the court’s filing desk or upload via the Courts Service portal.
  5. 5Send a certified copy to the designated Place of Detention.
  6. 6File a copy in the applicant’s case file for future reference.

Known limitations

  1. 1Only applicable to international protection cases under the 2015 Act.
  2. 2Does not cover criminal committal orders.
  3. 3Electronic filing may not be available in all court districts.
  4. 4Form must be printed on A4 paper; PDF editing software may alter formatting.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

Form 38.16A is currently the approved version for 2024‑2025. No recent amendments have been published, but check the Courts Service website for any updates before filing.

What changed or needs a fresh check

  • Confirm the form header shows '38.16A – Order of Committal'.
  • Check that the Section reference is listed as 20(10) of the International Protection Act 2015.
  • Verify the date fields are in DD/MM/YYYY format.
  • Ensure there is a space for the judge’s signature and official stamp.
  • Look for any new guidance notes attached to the PDF download.

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38.16A Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(10) page 1

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38.16A Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(10) page 2

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Quick Facts

The form is completed by the judge or court clerk and signed by the presiding judge.
It captures the person's name, case number, details of the detention centre, and the legal basis for the committal under the 2015 Act.
It must be issued immediately after the court hearing where committal is decided, and before the person is transferred to a detention centre.
The original form is filed with the Courts Service office handling the case and a copy is sent to the relevant Place of Detention. Some courts allow electronic filing via the Courts Service portal.
An accurate order ensures the detention is lawful; errors can lead to unlawful detention or release of the person, both of which may trigger appeals or judicial review.
1. Open a new Form 38.16A template from the Courts Service website. 2. Fill in the applicant's full name, case reference, and date of birth. 3. Enter the name and address of the Place of Detention and the statutory provision (Section 20(10)). 4. The judge signs and dates the order. 5. Submit the original to the court registry and send a copy to the detention centre, keeping a copy for the file.

Form Details

Revision date
20/10/25

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Sources

  • SRCForm title and number from Courts Service catalogue.
  • SRCReference to International Protection Act 2015, Section 20(10) from legislation index.
  • SRCTypical filing process inferred from general Courts Service procedural guidance.
  • SRCNot confirmed in official source: electronic submission options for Form 38.16A.
  • SRCNot confirmed in official source: exact deadline wording (same‑day filing).
  • SRCNot confirmed in official source: requirement for court seal.

Common confusion points

Mixing up Section 20(10) with other sections of the Act.

Using the criminal committal form instead of 38.16A.

Leaving the judge’s signature line blank.

Entering the date of the hearing instead of the signing date.

Sending the form to the wrong detention centre.

Failing to attach the court seal when required.

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