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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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.
Risk Radar
- The most common mistake is forgetting the judge’s signature, which makes the order invalid.
- Incorrect case reference number
- Wrong detention centre address
- Missing judge’s signature
- Date 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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Criminal conviction pending sentencing | Form 38.14 – Order of Committal for Criminal Cases | Different legal basis | Verify the charge type first |
| Voluntary surrender to a detention centre | No court form required | Administrative process | Use the Detention Centre’s intake form |
| Appeal against committal decision | Form 38.20 – Notice of Appeal | Appeals are separate | Submit within 14 days of the order |
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
- • Case reference matches the protection application.
- • Applicant’s full name and DOB are correct.
- • Detention centre name and address are accurate.
- • Section 20(10) citation is present.
- • Judge’s signature and date are legible.
- • Court seal or stamp is applied if required.
- • Original filed with the court registry.
- • Copy sent to the detention centre via registered post or electronic upload.
- • Retain a dated copy in the case file.
How to file this form
- 1Download the latest Form 38.16A from courts.ie.
- 2Complete all required fields in black ink or electronically.
- 3Have the presiding judge sign and date the order.
- 4Submit the original to the court’s filing desk or upload via the Courts Service portal.
- 5Send a certified copy to the designated Place of Detention.
- 6File a copy in the applicant’s case file for future reference.
Known limitations
- • Only applicable to international protection cases under the 2015 Act.
- • Does not cover criminal committal orders.
- • Electronic filing may not be available in all court districts.
- • Form must be printed on A4 paper; PDF editing software may alter formatting.
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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.
Agency: Courts Service of Ireland
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.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/10/25
Downloads
38.16A Order Of Committal To A Place Of Detention - International Protection Act 2015 - Section 20(10)
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After you file
- • Confirm receipt of the order by the detention centre.
- • Update the case management system with the order reference.
- • Monitor the detainee’s transfer schedule.
- • Notify the applicant’s legal representative of the committal.
- • Check for any appeals lodged within the statutory period.
Source and verification log
- • Form title and number from Courts Service catalogue.
- • Reference to International Protection Act 2015, Section 20(10) from legislation index.
- • Typical filing process inferred from general Courts Service procedural guidance.
- • Not confirmed in official source: electronic submission options for Form 38.16A.
- • Not confirmed in official source: exact deadline wording (same‑day filing).
- • Not confirmed in official source: requirement for court seal.
Common confusion points
6 things to watch for
- 1
Mixing up Section 20(10) with other sections of the Act.
- 2
Using the criminal committal form instead of 38.16A.
- 3
Leaving the judge’s signature line blank.
- 4
Entering the date of the hearing instead of the signing date.
- 5
Sending the form to the wrong detention centre.
- 6
Failing to attach the court seal when required.
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