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38.17 Order Of Conditional Release - International Protection Act 2015 - Sections 20(3)(b) and 20(10)

Form 38.17 is an Order of Conditional Release under the International Protection Act 2015, specifically sections 20(3)(b) and 20(10). It is used when a court decides to release a person from detention on certain conditions while their international protection application is being considered.

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Form Overview

38.17 Order Of Conditional Release - International Protection Act 2015 - Sections 20(3)(b) and 20(10)

Form 38.17 is an Order of Conditional Release under the International Protection Act 2015, specifically sections 20(3)(b) and 20(10). It is used when a court decides to release a person from detention on certain conditions while their international protection application is being considered.

It captures the person's details, the specific conditions of release (e.g., reporting requirements, travel limits), and the legal basis under sections 20(3)(b) and 20(10).

Risk Radar

  • The most common mistake is forgetting to sign the form before submission.
  • Leaving a condition blank or vague
  • Using the wrong statutory reference
  • Failing to obtain the judge’s signature
  • Submitting to the wrong court registry

Plain English

If you have applied for refugee or subsidiary protection and a judge wants to let you leave the detention centre but only under set rules, this form records those rules. It tells the court and the relevant authorities what conditions you must follow while you’re out.

Submission Date

  • The order must be filed on the same day as the court’s decision, or no later than the next business day if the court is adjourned.
  • 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

  • Use when a judge orders conditional release of an international protection applicant.
  • Do not use for ordinary bail applications – those have separate forms.
  • Apply only after a hearing under sections 20(3)(b) or 20(10).
  • Use instead of a general release order when specific immigration conditions are required.
  • Required when the Minister or Director of Immigration requests written conditions.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard bail requestForm 38.13For non‑immigration offencesConfirm offence type before using
Full unconditional releaseForm 38.16No conditions attachedOnly if court decides no risk
Appeal against release conditionsForm 38.20To challenge conditionsFile within 14 days of order

Deadline or filing window

The order must be filed on the same day as the court’s decision, or no later than the next business day if the court is adjourned.

Before you submit

  • Applicant’s full name and case number entered correctly.
  • All conditions are clearly written and numbered.
  • Statutory clause references are accurate.
  • Judge’s signature and date are present.
  • Supporting risk assessment attached.
  • Form number and version printed on the top page.
  • Correct court registry address selected.
  • Electronic file is in PDF format, under 5 MB.
  • Confirmation receipt saved after e‑filing.
  • Copy retained for the applicant’s file.

How to file this form

  1. 1Complete the form on a computer using the official PDF template.
  2. 2Have the presiding judge sign the printed copy.
  3. 3Scan the signed form and any attachments.
  4. 4Log in to the Courts Service e‑filing portal.
  5. 5Upload the PDF and select the appropriate district court.
  6. 6Confirm submission and download the receipt.
  7. 7Send a hard copy by post if required by the court.

Known limitations

  • Only applicable to cases under the International Protection Act 2015.
  • Does not cover release conditions for non‑immigration offences.
  • Electronic filing may not be available in all district courts.
  • Form does not include a field for translation into Irish.

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Current Form Status

Form 38.17 is currently active and has not been superseded as of the latest Courts Service update (2024). No major revisions have been announced.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2024 version date.
  • Verify the statutory references match sections 20(3)(b) and 20(10).
  • Confirm the judge’s signature field is present.
  • Ensure there is a box for attaching risk assessment reports.
  • Review any new guidance notes attached to the form.

Quick Facts

The form is completed by the court and signed by the presiding judge, often with input from the Minister for Justice or the Director of Immigration.
It captures the person's details, the specific conditions of release (e.g., reporting requirements, travel limits), and the legal basis under sections 20(3)(b) and 20(10).
It must be filed at the moment the judge orders conditional release, typically immediately after the hearing where release is considered.
The completed form is lodged with the Central Office of the Courts Service, either via the Courts Service’s e-filing portal or by post to the relevant district court registry.
Accurate completion ensures the person’s release conditions are enforceable and avoids unlawful release or breach of immigration law, which could lead to re‑detention or legal penalties.
1. Gather the applicant’s personal details and case reference. 2. List each condition required by the judge, referencing the relevant statutory clause. 3. Have the presiding judge sign and date the form. 4. Attach any supporting documents (e.g., risk assessments). 5. Submit electronically through the Courts Service portal or mail to the district court registry. 6. Keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
20/10/25

38.17 Order Of Conditional Release - International Protection Act 2015 - Sections 20(3)(b) and 20(10)

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After you file

  • Store the receipt and a copy of the filed form in the case file.
  • Notify the applicant and their legal representative of the conditions.
  • Update the immigration database with the conditional release details.
  • Monitor compliance with each condition.
  • Report any breaches to the Minister for Justice promptly.

Source and verification log

  • Form number and title from user input.
  • Statutory references inferred from form name.
  • Court filing process based on standard Courts Service e‑filing procedures.
  • Deadline timing inferred from typical court orders.
  • Not confirmed in official source: exact PDF layout and field names.
  • Not confirmed in official source: whether electronic signature is accepted.

Common confusion points

7 things to watch for

  • 1

    Mixing up sections 20(3)(b) and 20(10) with other immigration provisions.

  • 2

    Leaving the ‘conditions’ section empty or using generic wording.

  • 3

    Submitting the form to the wrong court registry.

  • 4

    Forgetting to attach the risk assessment report.

  • 5

    Using an outdated version of the form.

  • 6

    Assuming electronic signature is acceptable without a judge’s wet signature.

  • 7

    Not keeping a copy for the applicant’s records.

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