Author
The International Protection Act 2015 (IPA) is Ireland’s key legislative instrument enshrining the State’s obligations under international refugee law. The final version of the IPA was signed into law by the President of Ireland in December 2016 and officially commenced on 6 January 2017.[1] As of 2022, the IPO had dealt with the “backlog” of transitional cases.
The IPA introduced a single procedure where refugee status, subsidiary protection, and permission to remain are all examined together in one procedure compared to the previous bifurcated system under the Refugee Act, 1996. Under the IPA, an application for international protection may be lodged either at the port of entry, or directly at the International Protection Office (IPO). If the applicant made a claim for international protection status at the port of entry, they must proceed to the IPO to complete the initial asylum process and attend a preliminary interview under Section 13 IPA.
The application should be lodged at the earliest possible opportunity as any undue delay may prejudice the application and the applicant may be required to explain the reasons for the delay.[2] Moreover, failure to lodge an application at the earliest opportunity could impact an applicant’s credibility, without a formal presumption being made against the applicant.[3]
Application
Upon lodging an application for international protection, the applicant first fills out an application form and is given a short preliminary interview conducted either by an international protection officer, or by an immigration official – depending on where the application is lodged.
Under Section 21 IPA an application for international protection may be found inadmissible and a recommendation shall be made to the Minister by an international protection officer to this effect. Inadmissibility decisions are made on the grounds that another Member State has granted refugee status or subsidiary protection status to that person, or a country other than a Member State is considered to be a “first country of asylum” for that person.[4] A person has the right to an appeal to the International Protection Appeals Tribunal (IPAT) regarding an inadmissibility decision.
Under the revised international protection procedure, as of the 8th of November 2022, an applicant presenting at the IPO in order to make an application for international protection is now required to complete their International Protection Questionnaire (IPO2) onsite, in addition to completing their preliminary interview.[5]
The questionnaire shall include, as established in accordance with Section 15(5) IPA, all relevant information pertaining to the grounds for the application, as well as relevant information pertaining to permission to remain, family reunification and right to reside for family members already present in the State, in case such considerations arise at later stages in the process. The information provided in the detailed application form will be duly considered throughout the assessment of the application, including in the applicant’s substantive interview. Given the weight afforded to information provided in this questionnaire in determining the outcome of a person’s application, the IPO recommends that applicants seek legal advice before completing the questionnaire.[6] In this respect, applicants are encouraged to avail themselves of the services of the State-funded Legal Aid Board, which can provide legal advice on the international protection process. However, the extent to which the Legal Aid Board is able to assist prior to the submission of the questionnaire is unclear, particularly having regard to the introduction of the revised procedure.
Throughout 2024, the Irish Refugee Council Independent Law Centre provided ongoing legal representation to 348 individuals in the international protection process, in respect of family reunification applications and reception conditions cases. 26 clients were recognised as refugees. There were 10 positive family reunification decisions and 12 positive decisions under the Afghan Admissions Programme. There were 4 High Court judicial review cases, 1 of which was referred by the Irish High Court to the Courts of Justice of the European Union as one of 2 lead cases in respect of international protection applicants experiencing homelessness. Representation was provided to 77 clients in respect of reception conditions and 53 age-disputed minor clients in respect of age assessments.[7]
Dublin Regulation
An application for international protection status may be subject to the Dublin Regulation by the IPO if it appears that another Member State may be responsible for the examination of the protection application.[8] During the initial appointment at the IPO, an applicant’s fingerprints are taken and are entered into the Eurodac database. The applicant is also advised that they may obtain legal assistance from the Legal Aid Board. As per the regular procedure, the applicant is issued a Temporary Residence Certificate and referred to the International Protection Accommodation Service (IPAS) for accommodation if they have no other means of accommodating themselves. At this point, the applicant will be taken to an IPAS reception centre in Dublin and later dispersed elsewhere to another Direct Provision centre. If the applicant’s details are flagged on the Eurodac database, they may be called for a personal interview to assess the applicability of a transfer to another responsible Member State.[9]
Throughout 2024, there were 1,264 outgoing transfer decisions made pursuant to the Dublin Regulation, while a total of 8 people were returned pursuant to a transfer order.[10]
Regular procedure
After registering at the IPO and submitting the questionnaire, applicants are notified by post of the date and time of their substantive interview before the IPO. The purpose of the interview is to establish the full details of their claim for international protection. Under the revised procedure, applicants from ‘safe countries of origin’ will now undergo their substantive interview within four to six weeks of making their initial international protection application. It should also be noted that, pursuant to the relevant regulation, this accelerated procedure may also be applied to any application subject to the need for fairness and efficiency and whereby the International Protection Office considered to be necessary and expedient.[11] The applicant may have a legal representative and an interpreter present at the interview, if necessary.
Throughout 2023, the median processing time for first instance decisions was approximately 13 months for all cases decided pursuant to the ordinary procedure. This marks a decrease on the previous reporting period (18 months).[12] The median processing time for cases decided pursuant to the accelerated procedure was 12 weeks as of December 2024.[13] However, processing times under the ordinary procedure remained lengthy in view of the commitment by the Department of Justice to reduce the overall processing time to 6 months in line with the recommendations of the Expert Advisory Group.[14] The median waiting period for appeals before the IPAT was 10 months.[15]
After the substantive asylum interview, a draft “s.39” report is compiled by the authorised officer based on the information raised at the interview and that provided in the application questionnaire, as well as relevant country of origin information and/or submissions by UNHCR and/or legal representatives. The draft report must then be considered and finalised by a civil servant within the IPO and once this has been done a recommendation is issued from the IPO. The finalised recommendation (s.39 report) contains a recommendation as to whether or not status should be granted:
- If a positive recommendation is made with regard to refugee status, the applicant is notified and the recommendation is submitted to the Minister for Justice, who makes a declaration of refugee status.
- If a positive recommendation is made with regard to subsidiary protection, the applicant is notified and the recommendation is submitted to the Minister for Justice, who makes a declaration of subsidiary protection. The applicant can also seek an upgrade appeal to the International Protection Appeals Tribunal (IPAT) for refugee status.
- If the recommendation is negative, the applicant is provided with the reasons for such a decision. The implications of a negative recommendation depend on the nature of the recommendation. The applicant will be advised of their right to appeal any negative decision before IPAT and their right to seek legal advice if they have not done so already. Under the single procedure, where a person is found ineligible for refugee status or subsidiary protection, the decision-maker also considers whether or not there are humanitarian grounds to recommend a grant of permission to remain. This decision is made on the basis of information provided in the applicant’s questionnaire, as well as in any submissions made by or on behalf of the applicant throughout the procedure. There is no right of appeal on permission to remain decisions.
In general, the Minister for Justice will defer to the IPO or IPAT’s recommendation as to whether or not status should be granted. However, it should be noted that there are rare cases whereby, following additional examination and investigation, the Minister may refuse to follow the recommendation of the IPO if it is determined that the applicant in question may be deemed to be a security risk.
Appeal
Under the IPA an applicant may make an appeal to the IPAT against: (i) a recommendation that the applicant should not be given a refugee declaration; or (ii) a recommendation that the applicant should be given neither a refugee declaration nor a subsidiary protection declaration. An appeal under those two categories may be lodged before the IPAT in writing, laying out the grounds of appeal within a time limit prescribed by the Minister under Section 41(2)(a) IPA. They may request an oral hearing before the IPAT; if an oral hearing is not requested the appeal will be dealt with on this basis of the papers unless a member of the Tribunal finds it in the interests of justice to hold such an oral hearing. Free legal representation can be obtained through the Legal Aid Board. The deadline for submitting an appeal will be prescribed by the Minister in consultation with the Chairperson of the IPAT.[16]
If the IPAT decides to set aside the IPO decision, the file will also be transferred to the Department of Justice so the Minister can declare the applicant a refugee or a beneficiary of subsidiary protection. If the IPAT decides to affirm the IPO decision, the individual will be sent a notice in writing stating that the application for a declaration as a refugee and/or subsidiary protection beneficiary has been refused. If an application for international protection is ultimately unsuccessful the applicant will be sent a notice in writing stating that the application for international protection has been refused and that the Minister proposes to make a deportation order under Section 3 of the Immigration Act 1999 requiring that the person leave the State within a given timeframe.
An applicant may seek to have a refugee or subsidiary protection recommendation of the IPO or a decision of the IPAT judicially reviewed by the High Court under Irish administrative law, for example where there has been an error of law in the determination process. It is expected that an applicant will exhaust all available remedies before applying for judicial review and, therefore, most judicial reviews are of appeal recommendations, rather than first instance decisions. Applicants must be granted permission (known as leave) to apply for judicial review before proceeding to a full judicial review hearing.
The High Court can affirm or set aside the decision of the first instance or appellate body. If the applicant is successful, their case is returned to the original decision-making body for a further determination. Because of the volume of judicial review cases that have been brought to challenge decisions over the last number of years, and the procedure of having both pre-leave and full hearings, there is a large backlog of cases awaiting determination.
The latest available statistics demonstrate a significant increase in the number of new asylum cases lodged before the High Court, from 336 in 2022 to 779 in 2023. Liberty to apply for judicial review was granted in 129 cases in 2023, while interim orders were issued in 100 cases and final orders were made in a total of 377 cases.[17] Statistics in relation to asylum cases lodged in 2024 are expected to be published in the Courts Service Annual Report later in 2025.
Permission to Remain
Throughout all stages of the asylum process, prior to receiving a final decision on their claim, the applicant is encouraged to inform the IPO of any circumstances arising that may give rise to the Minister granting the applicant permission to remain in the event that the applicant has been denied both refugee status and subsidiary protection. This status is commonly referred to as ‘leave to remain’ and takes account of criteria such as humanitarian considerations and/or the person’s connections to the State in order to determine whether or not there are compelling reasons to allow the person permission to remain in Ireland. This assessment is conducted in the event that both a claim for refugee status and subsidiary protection are ultimately refused. It is important to note that if an applicant is refused permission to remain, they do not have a right to appeal this decision.
[1] International Protection Act 2015 (Commencement) (No. 3) Order 2016.
[2] Section 28(7) IPA.
[3] ibid.
[4] A first country of asylum is defined under Section 21(15) IPA.
[5] International Protection Office, ‘The European Communities (International Protection Procedures) Regulations 2022 and the International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022 – Information Note’, 8th November 2022, available: here.
[6] ibid, para. 3.7.2.
[7] Information provided by Irish Refugee Council indpendent Law Centre, May 2025.
[8] S.I. No. 62 of 2018 European Union (Dublin System) Regulations 2018.
[9] Regulation 4 European Union (Dublin System) Regulations 2018.
[10] International Protection Office, March 2025.
[11] IPO, ‘The European Communities (International Protection Procedures) Regulations 2022 and the International Protection Act 2015 (Procedures and Periods for Appeals) (Amendment) Regulations 2022, available: here.
[12] Information provided by International Protection Office, April 2024.
[13] Information provided by International Protection Office, March 2025.
[14] Advisory Group on Direct Provision, Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process, 21 October 2020, available: here.
[15] International Protection Appeals Tribunal, March 2025.
[16] Section 77 IPA.
[17] Courts Service, Annual Report 2023, 23 September 2024, available: here.