S.L. 217.12 Art. 5Removal.

(1) The Principal Immigration Officer shall take all necessary measures to enforce the return decision and issue a removal order if -

(a) no period for voluntary departure has been granted in accordance with regulation 4(4); or

(b) the obligation to return has not been complied with within the period for voluntary departure granted in accordance with regulation 4: Provided that where it is necessary for the Principal Immigration Officer to confirm the identity of the third-country national concerned, to obtain the necessary documents, or it is possible to return the third-country national concerned he shall place in custody the third-country national who does not return within the period granted to him in the return decision.

(2) If the third-country national has been granted a period for voluntary departure in accordance with regulation 4, the Principal Immigration Officer may enforce the return decision only after the period has expired, unless a risk as referred to in regulation 4(4) arises during that period.

(3) The Principal Immigration Officer shall ensure that the coercive measures used as a last resort to carry out the removal of a third-country national who resists removal are:

(a) proportionate and do not exceed reasonable force; and

(b) executed taking into account the fundamental rights; and

(c) carried out with due respect for the dignity and physical integrity of the third-country national.

(4) The Common Guidelines on security provisions for joint removals by air annexed to Decision 2004/573/EC shall be considered in the case of removals by air.

(5) The Minister responsible for immigration may, by Order, provide for an effective monitoring system for forced return.