Author
Cessation is permitted under Irish law but it is not often applied in practice so limited information is available on it in Ireland.
The IPA provides for cessation of refugee status and subsidiary protection under Section 9 and 11 of the Act respectively. A person ceases to be a refugee if they:
- have voluntarily re-availed themselves of the protection of the country of nationality;
- having lost their nationality, have voluntarily re-acquired it;
- have acquired a new nationality (other than as an Irish citizen), and enjoy the protection of the country of their new nationality;
- have voluntarily re-established themselves in the country which they left or outside which they remained owing to fear of persecution;
- can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of their country of nationality / country of former habitual residence if stateless. There is an exception to (e) in that it shall not apply if the person is able to invoke compelling reasons arising out of past persecution for refusing to avail of protection in their country of nationality.
Cessation of subsidiary protection occurs when the circumstances which led to a person’s eligibility for subsidiary protection have ceased to exist or have changed to such a degree that international protection is no longer required. An exception to this is if there are compelling reasons arising out of past persecution for refusing to avail of protection in the applicant’s country of nationality. No information is available on the amount of decisions relating to cessation in 2018 or 2019. According to data released by the Department of Justice, there were no decisions relating to cessation of refugee or subsidiary protection status in 2020.[1] There were no cessations of refugee status and subsidiary protection status under sections 9 and 11 of the International Protection Act 2015 in 2021. There was one person excluded from refugee protection and subsidiary protection pursuant to sections 10 and 12 of the International Protection Act 2015 in 2021.[2] Statistics provided by the International Protection Office indicate that less than 5 decisions were made in relation to cessation of and exclusion from refugee or subsidiary protection status throughout 2022, however, an exact figure was not provided.[3] Throughout 2023, there were less than 5 decisions made in relation to cessation of and exclusion from refugee or subsidiary protection status, however, an exact figure was not provided.[4] Throughout 2024, there were less than 5 decisions made in relation to cessation of and exclusion from refugee or subsidiary protection status, however, an exact figure was not provided.[5]
The IPA indicates the procedure for cessation under the procedure of revocation under Section 52. According to Section 52(4), the Minister shall send a notice in writing of the proposal to revoke and of the reasons for it to the applicant, including information regarding the person’s entitlement to make written representations to the Minister in relation to the notice within 15 working days. Where a declaration that the person’s status be revoked is made, the individual may appeal to the Circuit Court, which may then either affirm the revocation or direct the Minister to withdraw it. There is no legislative provision for an oral hearing as part of this procedure.
[1] Minister for Justice Helen McEntee, Reply to Parliamentary Question No. 693, 3 March 2021, available: here.
[2] Minister for Justice, Helen McEntee, Reply to Parliamentary Question No. 565, 15 February 2022, available: here.
[3] International Protection Office, March 2023.
[4] International Protection Office, April 2024.
[5] International Protection Office, march 2025.