Subsequent applications

Republic of Ireland

Country Report: Subsequent applications Last updated: 23/04/21

Author

Irish Refugee Council Visit Website

Section 22 IPA sets out that a person who wishes to make a subsequent asylum application must apply to the Minister for permission to apply again. As of December 2020, 53 applications were made pursuant to s.22 IPA. The top five countries of origin from which subsequent applications were made were Pakistan, Georgia, Bangladesh, Brazil and Nigeria.[1] During 2019 there were approximately 31 applications to make a subsequent application. In 2018 there were 11 applications. The application must set out the grounds of the application and why the person is seeking to re-enter the asylum process including a written statement of the reasons why the person concerned considers that the consent of the Minister should be given. The application is made in writing and there is no oral interview. The Minister shall consent to a subsequent application being made when new elements or findings have arisen or have been presented by the person concerned, which makes it significantly more likely that the person will qualify for international protection, and the person was incapable of presenting those elements or findings for the purposes of their previous application for a declaration and if the person was an applicant whose previous application was withdrawn or deemed withdrawn through no fault of their own and therefore they are incapable of pursuing their previous application. If the Minister refuses to consent to a subsequent application in a written decision the applicant can submit an appeal to the IPAT within ten working days.[2] The Tribunal shall make its decision without an oral hearing.

Section 22 IPA states that the Minister shall, as soon as practicable after receipt of an application, give to the person concerned a statement in writing specifying, in a language that the person may reasonably be supposed to understand (a) the procedures that are to be followed (b) the entitlement of the person to communicate with UNHCR (c) the entitlement of the person to make submissions in writing to the Minister, (d) the duty of the person to co-operate with the Minister and to furnish information relevant to their application, and (e) such other information as the Minister considers necessary to inform the person of  and of any other relevant provision of the International Protection Act and regulations made under it.

If the Minister consents to the person making a subsequent asylum application they are subject to the single procedure in the normal way.

On 13 October 2020, the Supreme Court of Ireland handed down a judgment in the case of Seredych v. The Minister for Justice [2020] IESC 62. This case concerned the question of whether the Minister for Justice and Equality is obliged to revoke a deportation order or otherwise facilitate a person to enter the State, in circumstances where that person has been granted consent to make a subsequent application for international protection under section 22 of the International Protection Act 2015. Justice Baker, giving judgment for the Court, adopted the analysis of the Court of Appeal of England and Wales in R (on Application of AB) v. The Secretary of State for the Home Department [2018] EWCA Civ 383,[3] which indicated that there is nothing within the Procedures Directive (Directive 2013/32/EU) that obliges a Member State to readmit to its territory an applicant who had previously chosen to leave the State while their application remained pending.[4]

 

 

[1]  Information provided by IPO, April 2021.

[2] Section 22(8) IPA; Section 3(b) International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.

[3] R (on Application of AB) v. The Secretary of State for the Home Department [2018] EWCA Civ 383, 6 March 2018, available at: https://bit.ly/3u8W1Vc.

[4] Seredych v. The Minister for Justice [2020] IESC 62, available at: https://bit.ly/3ssE96R.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation