The International Protection System:
What Is The IPS?
What Is The International Protection System?
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:
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:
It is important to understand what each of the terms, “refugee status”, “subsidiary protection” and “leave to remain” mean.
- Refugee Status
- Subsidiary Protection
- Leave to Remain
It is important to understand what each of the terms, “refugee status”, “subsidiary protection” and “leave to remain” mean.
1. Refugee Status
A Refugee is a person who has been granted protection and:
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.
- 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”):
- Race
- Religion
- Nationality
- Political Opinion
- Social Group
- Cannot avail of State Protection, in their country of nationality / habitual residence
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.
2. 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
3. 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.
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.
International Protection System

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