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.
Throughout 2025, 270 applicants were granted permission to remain.[2]
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.
In September 2025, it was announced that for a limited period, persons in the international protection process prior to 28th September 2025 would be offered increased reintegration assistance if they chose to withdraw their international protection application and avail of voluntary return at an earlier stage in the process. Prior to September 2025, the level of reintegration assistance offered was up to €1,200 per person and €2,000 per family unit. Under the changes, whereby an applicant chooses to withdraw their application for international protection before receiving a first instance decision or prior to appealing a negative first instance decision, the reintegration assistance offered would be increased to €2,500 per person to a maximum of €10,000 per family unit. Whereby an applicant is in the appeals process and decides to voluntary return prior to an appeal decision being issued, their assistance will increase, but to the lower amount of €1,500 per person and to a maximum of €6,000 per family unit. If they receive a final decision on their application assistance will only increase for families to a maximum of €3,000 per family unit.[3] The Irish Refugee Council raised significant concerns regarding the revised policy, noting that it targets specifically persons in the protection process and that it is unethical and inappropriate to pay applicants in need of safety to abandon their claims. 1,496 persons had left Ireland by way of voluntary return as of the 5th December 2025, an increase of 78% compared with the same period in 2024.[4]
Throughout 2025, there was an increase in the number of Deportation Orders signed. As of the 10th of December, 4,454 deportation orders have been signed throughout the year,[5] compared to 2,403 deportation orders signed in 2024.[6] The increase in deportation orders is attributable to the new government’s decision to strengthen immigration enforcement.
2025 also saw the renewed use of chartered deportation flights. A contract was signed in November 2024 for the provision of charter aircraft for deportation operation purposes.[7] The first flight, bound for Georgia, departed Dublin airport in February 2025. Passengers on board the flight were accompanied by Garda personnel, medical staff, an interpreter and a human rights observer.[8] As of December 2025, six charter flights operations had removed 205 people from the State. Of these, five operations were to non-EU destinations, including Georgia and Nigeria, removing 182 persons subject to deportation orders. The remaining operation removed 23 EU citizens on grounds of criminality.[9]
[1] Section 49(1) IPA 2015.
[2] International Protection Office, March 2026.
[3] Department of Justice, Home Affairs and Migration, ‘Minister for Justice, Home Affairs and Migration Jim O’Callaghan announces new incentive to encourage Voluntary Returns’, 29th of September 2025, available here.
[4] Minister for Justice, Home Affairs and Migration, Response to Parliamentary Question No 608, 9th December 2025, available here.
[5] Minister for Justice, Home Affairs and Migration, Response to Parliamentary Question No 259, 10 December 2025, available here.
[6] BreakingNews, ‘Deportation Orders for failed asylum seekers surged by 180% last year’, 17th February 2025, available here.
[7] Department of Justice, Home Affairs and Migration, ‘Charter deportations flights recommence’, 1st March 2025, available here.
[8] ibid.
[9] Minister for Justice, Home Affairs and Migration, Response to Parliamentary Question No 608, 9th December 2025, available here.