Author
National forms of protection
Whereby an applicant has been denied both refugee status and subsidiary protection, s.49 of the International Protection Act 2015 establishes that permission to remain (also referred to as ‘leave to remain’) will be assessed by the Minister for Justice, who will have regard to such matters as the applicant’s family life, personal circumstances and connection to the State.[1] This application does not form part of the single application procedure, but the permission to remain function is also carried out by the International Protection Office. Throughout all stages of the international protection process, therefore, prior to receiving a final decision on their claim, applicants are encouraged to inform the IPO of any circumstances arising that may be relevant to the assessment of their application.
Permission to remain can also be issued at first instance at the IPO examination stage and there is an opportunity to put forward any preliminary grounds for permission to remain in a dedicated section of the application questionnaire. The applicant has the right to submit any information relating to their permission to remain (or consideration for international protection more generally) at any point after the submission of their questionnaire. There is no oral hearing with regard to permission to remain, but it is important that the applicant includes all relevant information in writing concerning their grounds for being granted permission to remain. It is important to note that if an applicant is refused permission to remain, they do not have a right to appeal this decision.
Permission to remain granted in accordance with the 2015 Act is deemed to be granted pursuant to s.4 of the Immigration Act 2004. Beneficiaries receive Stamp 4 permission to remain and hold similar rights to Irish citizens with regard to access to housing, social welfare, employment and education. However, persons granted permission to remain are not permitted to apply for family reunification pursuant to the 2015 Act. Additionally, persons granted permission to remain are generally not entitled to a travel document and are only entitled to apply for naturalisation five years after having received a grant of permission to remain.
Return procedure
Whereby an individual is deemed not to be in need of international protection; has exhausted all appeal mechanisms; and has been denied permission to remain, they are issued with a final decision to this effect. An individual is eligible for voluntary return and must notify the Minister for Justice and Equality pursuant to s.48(4) of the Act of their decision to return to their country of origin voluntarily within five days of receipt of the final negative decision. Whereby the applicant does not return voluntarily or is not seen to be making reasonable efforts to department voluntarily pursuant to s.48(5) of the Act, the Minister for Justice may make a deportation order under s.51 of the Act, having considered the prohibition of refoulement pursuant to s.50. In accordance with s. 3(11) of the Immigration Act 1999, a deportation order can be amended or revoked by the Minister for Justice and Equality. There is no other form of suspension, withdrawal or administrative appeal for a deportation order. Section 3(11) of the Immigration Act 1999 continues to apply to revocation of deportation orders of rejected protection applicants made under the International Protection Act 2015.
An individual who is subject to a deportation order will receive a notice of deportation. The format of the deportation order is set out in the International Protection Act 2015 (Deportation) Regulations 2016 (S.I. No. 668 of 2016). The deportation order specifies a date by which the person is required to leave the State. A deportation order is accompanied by a letter specifying the date by which the person is required to leave the State. If the person does not leave the State by the date specified, they are obliged to report to the Garda National Immigration Bureau (GNIB) at a time specified in the letter to allow for arrangements to be made for deportation. The letter also notes that if the individual fails to comply with the terms of the deportation order, or contained in the arrangements letter, the individual may be arrested without warrant and detained under the terms of Section 5 of the Immigration Act 1999. The individual is required to report at regular intervals at the GNIB headquarters, at Burgh Quay in Dublin, or at a local Garda station.
[1] Section 49(1) IPA 2015.