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 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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Standard bail request | Form 38.13 | For non‑immigration offences | Confirm offence type before using |
| Full unconditional release | Form 38.16 | No conditions attached | Only if court decides no risk |
| Appeal against release conditions | Form 38.20 | To challenge conditions | File within 14 days of order |
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.
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Form 38.17 is currently active and has not been superseded as of the latest Courts Service update (2024).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
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38.17 Order Of Conditional Release - International Protection Act 2015 - Sections 20(3)(b) and 20(10)
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7 things to watch for
Mixing up sections 20(3)(b) and 20(10) with other immigration provisions.
Leaving the ‘conditions’ section empty or using generic wording.
Submitting the form to the wrong court registry.
Forgetting to attach the risk assessment report.
Using an outdated version of the form.
Assuming electronic signature is acceptable without a judge’s wet signature.
Not keeping a copy for the applicant’s records.
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