Welcome to our page on the International Protection System In Ireland and the work that we do with clients who are in the International Protection System.
In Ireland, applications for protection are made at first instance to the International Protection Office (IPO). Appeals are decided by International Protection Appeals Tribunal (IPAT).
It is essential to obtain legal representation at all stages of this process.
There is no doubt that the process is highly complex.
We advise clients privately on all aspects of the process and most commonly at the crucial “APPEALS” stage.
We assess decisions of the IPO and the IPAT to consider if they are made fairly, and if not, if the applicant has any further legal options available to them.
This information aims to give an overview of the international protection in Ireland and the application process. We hope you it useful. Please do not hesitate to contact our office if you are in need of assistance with an Appeal to the IPAT, with a Leave to Remain application, or if you have received a negative decision and are wondering if this might be open to challenge before the Irish Courts.
We are here to help.
The International Protection system in Ireland allows people who are fleeing their countries of origin to make an application to the Irish State to protect them and grant them permission to remain and reception conditions here, on the basis that they would suffer harm if they did not receive such protection.
Ireland is obliged to grant people protection in certain circumstances.
This obligation stems from the following laws:
- Refugee Convention 1951 (International law)
- European Union 3004 Qualification Directive (EU law)
- International Protection Act 3015 (Irish law)
These laws require Ireland to assess whether an applicant for International Protection is entitled to be granted permission to remain in Ireland under one of three headings:
- 1. Refugee Status
- 2. Subsidiary Protection
- 3. Leave to Remain
It is important to understand what each of the terms, “refugee status”, “subsidiary protection” and “leave to remain” mean.
What is a Refugee?
A Refugee is a person who has been granted protection and:
- Is outside their country of nationality / habitual residence
- Has a well-founded fear of persecution
- Owing to reasons of one or more of the following (known as the “5 grounds” or “nexus”):
- 1. Race
- 2. Religion
- 3. Nationality
- 4. Political Opinion
- 5. Social Group
- Cannot avail of State Protection, in their country of nationality / habitual residence
“Persecution” is a serious violation of a human right. It is not defined in the CONVENTION but has been assessed by the courts in caselaw.
Refugee status is declaratory, so while the State may take a long time to decide an application, if Refugee status is granted, the person is deemed a refugee from the date they entered Ireland.
What is Subsidiary Protection?
Subsidiary protection is a type of protection which is provided for in the EU 2004 Qualification Directive and the International Protection Act 2015.
It is granted to a person who:
- Does not qualify as a Refugee
- Is not a national of a Member State of the European Union
- Has shown there are substantial grounds for believing that he/she:
- if returned to his or her country of origin
- would face a real risk of suffering serious harm
- and who is unable or, owing to such risk, unwilling
- to avail himself or herself of the protection of that country.
What qualifies as “serious harm”?
- Death penalty or execution
- Torture or inhumane or degrading treatment or punishment of a person in his or her country of origin
- Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in a situation of international or internal armed conflict
What is Leave to Remain?
Leave to remain in the international protection process is a type of permission which is granted to a person who does not qualify for refugee status or subsidiary protection but has been granted permission to remain in the State by the Minister for Justice on other humanitarian grounds.
A leave to remain application must be made within 5 working days of the IPAT refusal decision. It is very important that this application updates the Minister on any relevant change of circumstances.
Applications for International Protection are made to the IPO.
A single application is made, and the following process is followed:
- IPO application:
- Application is made, and preliminary interview and questionnaire is conducted on the same day.
- The international protection application is made at the border on arrival, or at the IPO.
- The questionnaire is in English, and interpreters and cultural mediators are to be available to support applicants.
- The preliminary interview and questionnaire seek to identify the applicant’s identity, country of origin, route travelled to Ireland, and reasons for applying for protection.
- Fingerprints and photos of the applicant are taken at the IPO.
- Dependant children who are in the State are included in their parent’s application.
- The applicant should be told that they are entitled to apply for legal assistance.
- Most applicants will apply for legal assistance (state funded) to the Legal Aid Board.
- Some applicants will seek private legal assistance elsewhere (not state funded) – this is outside the Legal Aid process. (This assistance can be sought at any stage in the applicant’s international protection application journey, and we are often instructed in this way at Appeal stage).
- The applicant will then be called for a detailed interview (“section 35” interview)
- An appointment letter will be sent to the applicant.
- The applicant’s legal representative can attend.
- The interview is detailed and can last for a number of hours.
- An interpreter may be arranged if required.
- This interview gives the applicant an opportunity to fully explain the reasons they are seeking protection.
- There is a possibility of a call-back interview.
In the above process, the IPO will assess the application as follows:
- First, the IPO will assess whether a person is entitled to refugee status.
- If the IPO decides that the applicant does not qualify for refugee status, the IPO will consider if the applicant qualifies for subsidiary protection.
- The IPO will issue a recommendation; to grant refugee status, subsidiary protection, leave to remain, or none of the above, enclosing a detailed consideration of the applicant’s claim (this is known as a “section 39” report).
- IPAT appeal:
- The applicant can appeal a refusal to the International Protection Appeals Tribunal (IPAT).
- The appeal form must be submitted to the IPAT within strict time limits:
- Standard appeal: 15 working days
- Accelerated appeal: 10 working days
- The IPAT may decide to hold an oral hearing (this is often held remotely) or may decide the matter on the written submissions/paper documentation only.
- If there is an oral hearing, a legal representative should attend on your behalf.
- The IPAT will assess whether the person is entitled to refugee status first, and if the IPAT refuses the refugee claim, the IPAT will consider if the applicant qualifies for subsidiary protection.
- If the IPAT refuses to grant refugee status or subsidiary protection, a negative decision will issue, and the applicant will be given a chance to submit “Leave to Remain” submissions to the IPO.
- Leave to remain application:
- If submissions for “Leave to Remain” are issued, they will be assesed by the IPO.
- If refused, the application’s file will be sent to the Repatriation Unit of the Department of Justice and ultimately a “proposal to deport” the applicant will most likely issue.
There are certain specific procedures that applicants should be aware of when applying for international protection.
- 1. Inadmissible applications
An application for international protection is deemed “inadmissible” where:
- (a) another Member State of the European Union has granted refugee status or subsidiary protection status to the person
- (b) a country other than a Member State of the European Union is deemed a “first country of asylum”
- (c) The person arrived in the State from a safe third country that is a safe country for the person
- 2. Dublin III Regulation
This Regulation outlines which Member State is responsible for examining an application for international protection.
- 3. Accelerated procedures for safe countries of origin
- Certain countries are designated as “safe” and will be considered as safe to return to unless the applicant can submit serious grounds for consideration that it is not safe in their particular circumstances
- Applications from nationals of “safe” countries will be accelerated
- It is intended that an initial IPO decision would issue within 90 days of the application being made
- Section 35 interview date is given on the day the application is made
- 4. Prioritisation
An IPO prioritisation note outlines that certain applicants will be prioritised.
- The purpose of this is to enable early identification of likely well-founded cases and cases involving children or the elderly
- Prioritisation relates solely to the scheduling of interviews and will not pre-determine any recommendation to be made
- 5. Subsequent applications
An applicant who wishes to make a second application must first obtain the consent of the Minister for Justice.
The Minister’s consent may be granted if:
- New information is available making it significantly more likely that they will qualify for international protection and the applicant was incapable of providing that information previously; or
- A previous application was withdrawn (or deemed to have been) when the applicant was, through no fault of their own, incapable of pursuing it.
The solicitor’s role will vary depending on when they are instructed. In general, their role is to identify your protection needs, to advise you if you are likely to qualify for international protection and to ensure you are represented properly.
Your solicitor should:
- 1. Meet with you, take full instructions from you and help you to prepare for the stage of the application that you are at.
- 2. Assess your claims in full to ensure that all relevant information is put before the decision maker, including any evidence available to support your claim:
- a. Your solicitor should advise you on the importance of producing documents to support your claim.
- b. Gather all relevant documents from you to support your claim.
- c. Identify if a referral for a medical legal report would be beneficial.
- d. Identify relevant, reputable and up-to-date “country of origin” information for inclusion in your application. The following sources are usually considered reliable:
- 3. be mindful of language barriers and any interpreter needs.
- 4. accumulate additional materials to support a “leave to remain” application.
- 5. advise you to apply for labour market access after 5 months waiting for an initial decision.
- 6. advise you regarding reception conditions entitlements and appeals.
- 7. if your application is granted, advise you of the consequences of a decision e.g. any rights that flow from that, including family reunification rights, access to state services, termination of reception conditions etc.
- 8. if your application is refused, your solicitor should:
- a. assess the refusal with you to determine if it is fair, and if not, to identify if an appeal or Judicial Review of the decision might be advisable.
- b. advise you on appeal deadlines.
- c. inform you of the parts of your claim that have been accepted and the parts that have not. If there are credibility issues, these must be addressed in this appeal.
- d. request more documentation from you if possible.
- e. analyse any “country of origin” information referred to in the decision and assess it as against the “country of origin” information submitted on your behalf, and any updated “country of origin” information that may be relevant.
- f. Review your Section 35 interview notes, noting any contradictions or issues.
- g. Advise you of the consequences of a decision e.g. if it is a leave to remain refusal and the “end” of the process, if a Judicial Review might be appropriate, the option to voluntarily leave the State, the likelihood of a “proposal to deport” issuing etc.
Please do not hesitate to contact our office if you are in need of assistance with an Appeal to the IPAT, with a Leave to Remain application, or if you have received a negative decision and are wondering if this might be open to challenge before the Irish Courts.
We are here to help.
The information on this website does not constitute legal advice or otherwise. Make sure you seek specific legal advice before making any important decisions. Under Law Society regulations in contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. © Copyright Poe Kiely Hogan Lanigan Solicitors 2024.
