The International Protection System:
Process

The Process

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.
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Martin J Crotty, Solicitor of Poe Kiely Hogan Lanigan Solicitors has acted for me and my parents for well over 30 years and we have found Martin to be very courteous, professional and precise with all legal work he has done for us. We would highly recommend Martin to anyone who is looking for their legal affairs to be attended to in a timely and accurate manner
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Poe Kiely Hogan Lanigan has worked with us on a number of different matters, particularly commercial contracts and property matters. They tend to have specialists in each area which means we get the benefit of a very high level of expertise. We find them very responsive to our requirements, they quickly understand what has to be done and deliver the outcomes we need without delay. We value their assistance highly, and I would not hesitate to give them my recommendation.
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I just wanted to drop you a note to let you know how incredibly helpful and professional we found Katya to deal with during our recent house purchase. Katya was extremely patient with all of our questions and calmly and efficiently helped us through the whole process. Of all of the solicitors we've dealt with she really was the most pleasant, helpful and effective one we have worked with.
Siobhan & Gerry
I hired Aileen Gittens at PKHL for help with my complex naturalisation case. She is vastly knowledgeable about all matters immigration and was supportive throughout the whole process. Thanks to Aileen I now have my Certificate. I would recommend her counsel to anyone across Ireland. Thank you!
Recent Immigration Client
Martin J Crotty, Solicitor of Poe Kiely Hogan Lanigan Solicitors has acted for me and my parents for well over 30 years and we have found Martin to be very courteous, professional and precise with all legal work he has done for us. We would highly recommend Martin to anyone who is looking for their legal affairs to be attended to in a timely and accurate manner
Frank Keoghan, Co. Kilkenny
We can’t thank Annette enough for all her hard work and assistance. From the very start Annette made us feel comfortable on our surrogacy journey.Highly recommend Annette and team to couples starting their journey.
Stephen and Theresa, Recent Surrogacy Clients
I hired Aileen Gittens at PKHL for help with my complex naturalisation case. She is vastly knowledgeable about all matters immigration and was supportive throughout the whole process. Thanks to Aileen I now have my Certificate. I would recommend her counsel to anyone across Ireland. Thank you!
Immigration client - April 2024
I just wanted to say how happy we were with the service Keith provided when we were changing our mortgage earlier this year. Keith’s efforts were of the highest standard. He was extremely fast, helpful and professional in his approach. Things were getting tight because of interest rate deadlines and Keith really helped to get it over the line. This will save us a lot of money over the course of the 7 year fixed term. I would highly recommend PKHL to anyone considering moving house or remortgaging their home.
R.L. - Waterford
Poe Kiely Hogan Lanigan has worked with us on a number of different matters, particularly commercial contracts and property matters. They tend to have specialists in each area which means we get the benefit of a very high level of expertise. We find them very responsive to our requirements, they quickly understand what has to be done and deliver the outcomes we need without delay. We value their assistance highly, and I would not hesitate to give them my recommendation.
David Ruane — Managing Director, Pulse Fashion Accessories, Newcastle, Co Dublin
I just wanted to drop you a note to let you know how incredibly helpful and professional we found Katya to deal with during our recent house purchase. Katya was extremely patient with all of our questions and calmly and efficiently helped us through the whole process. Of all of the solicitors we've dealt with she really was the most pleasant, helpful and effective one we have worked with.
Siobhan & Gerry
I hired Aileen Gittens at PKHL for help with my complex naturalisation case. She is vastly knowledgeable about all matters immigration and was supportive throughout the whole process. Thanks to Aileen I now have my Certificate. I would recommend her counsel to anyone across Ireland. Thank you!
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