Protection Declaration
Refugee and subsidiary protection declaration
The Minister shall, give a refugee declaration to an applicant as soon as possible after receipt by the Minister of a report includes a recommendation or a decision of the Tribunal to that effect. The Minister shall refuse to give a refugee declaration to an applicant where the report or appeal so indicate.
The Minister may refuse to give a refugee declaration to an applicant who is a refugee where—
- there are reasonable grounds for regarding him or her as a danger to the security of the State, or
- the person, having been by a final judgement convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.
The Minister shall give a subsidiary protection declaration to an applicant as soon as possible after receipt by the Minister of a report or a decision of the Tribunal accordingly.
Where the Minister gives a refugee declaration to a person in relation to whom a subsidiary protection declaration is in force, the subsidiary protection declaration shall, on the giving of the refugee declaration, cease to be in force.
Notice
The Minister shall send to the applicant concerned (and his or her legal representative if known) a notice in writing of:
- the giving of a refugee declaration;
- the giving of a subsidiary protection declaration;
- the refusal to give a refugee declaration;
- the refusal both to give a refugee declaration and to give a subsidiary protection declaration.
The Minister shall notify the High Commissioner of the giving of or the refusal to give an applicant a refugee declaration or a subsidiary protection declaration.
A refugee declaration or a subsidiary protection declaration given, or deemed to have been given, under the 2015 Act shall cease to be in force where the person to whom it has been given becomes an Irish citizen.
Option to voluntarily return to country of origin.
The Minister may, by notice in writing, inform a person whose application for international protection has not been the subject of a report following examination of the application or has been the subject of a report under which includes a recommendation refusing a refugee and subsidiary declaration that the person may, within such period as may be specified in the notice, comply with the following,
A person complies where he or she—
- where applicable withdraws his or her application for international protection or, as the case may be, withdraws) his or her appeal, and
- confirms to the Minister, in, that the person will voluntarily return to his or her country of origin.
The Minister may, by notice in writing, inform a person—
- to whom the Minister has refused both to give a refugee declaration and to give a subsidiary protection declaration, and
- who is the subject of a decision of the Minister?
that the person may, within 5 days of the date on which the notice is sent, comply with the following. A person complies with this provision where he or she confirms to the Minister, that the person will voluntarily return to his or her country of origin.
Where a person complies as the case may be, the Minister shall not make a deportation order n respect of the person where, the person has complied and for so long as the Minister is of the opinion that the person is making such efforts as are reasonable to expect of the person to leave the State in accordance with his or her confirmation as the case may be.
The above shall cease to apply where the Minister is of the opinion that—
- there are reasonable grounds for regarding the person concerned as a danger to the security of the State, or
- the person, having been by a final judgment convicted, whether in the State or not, of a particularly serious crime, constitutes a danger to the community of the State.
Permission to remain
Where a recommendation to refuse refugee and subsidiary protection declaration referred to in) is made in respect of an application, the Minister shall consider, whether to give the applicant concerned a permission to remain in the State (referred to as a “permission”).
For the purposes of his or her consideration, the Minister shall have regard to—
- the information (if any) submitted by the applicant and
- any relevant information presented by the applicant in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.
In deciding whether to give an applicant a permission, the Minister shall have regard to the applicant’s family and personal circumstances and his or her right to respect for his or her private and family life, having due regard to—
- the nature of the applicant’s connection with the State, if any,
- humanitarian considerations,
- the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal convictions),
- considerations of national security and public order, and
- any other considerations of the common good.
Decision
The Minister, having considered these matters shall decide to—
- give the applicant a permission, or
- refuse to give the applicant a permission.
The Minister shall notify, in writing, the applicant concerned and his or her legal representative (if known) of the Minister’s decision which notification shall be accompanied by a statement of the reasons for the decision.
An applicant—
- may, at any stage prior to the preparation of the report in relation to his or her application, submit information that would be relevant to the Minister’s decision, and
- shall, where he or she becomes aware, during the period between the making of his or her application and the preparation of such report, of a change of circumstances that would be relevant to the Minister’s decision inform the Minister, forthwith, of that change.
Review
Where the Tribunal affirms a recommendation made in respect of an application, the Minister shall, upon receiving information from an applicant review a decision made in respect of the applicant concerned.
An applicant, for the purposes of a review and within such period following receipt by him or her of the decision of the Tribunal as may be prescribe—
- may submit information that would have been relevant to the making of a decision had it been in the possession of the Minister when making such decision, and
- shall, where he or she becomes aware of a change of circumstances that would have been relevant to the making of a decision had it been in the possession of the Minister when making such decision, inform the Minister, forthwith, of that change.
The Minister may prescribe a period for the above purposes and, in doing so, shall have regard to the need for fairness and efficiency in the conduct of a review.
A permission given is deemed to be a permission given under the Immigration Act. A reference in any enactment to a permission in the 2004 Act is e deemed to include a reference to a permission given above.
Prohibition of refoulement
A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—
- the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or
- there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
In forming his or her opinion of the matters the Minister shall have regard to—
- the information (if any) submitted by the person and
- any relevant information presented by the person in his or her application for international protection, including any statement made by him or her at his or her preliminary interview and personal interview.
A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister, inform the Minister forthwith of that change.
Prohibition of refoulement ( inadmissible)
A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—
- the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or
- there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
In forming his or her opinion of the matters referred to the Minister shall have regard to the information (if any) submitted by the person, and any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal).
A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister inform the Minister forthwith of that change.
A person who, would otherwise be the subject of a return order, shall, notwithstanding that his or her application for international protection has been determined to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion an application for international protection under certain circumstances…
The Minister shall as soon as practicable after he or she forms the above opinion—
- send the person, and his or her legal representative (if known), a notice in writing informing him or her and inviting the person to complete, in respect of his or her application and
- give or cause to be given to the person a statement.