Thursday, 10 December 2020
Department of Justice and Equality
28. To ask the Tánaiste and Minister for Justice and Equality the steps a person should take in appealing to her Department for permission to stay after their application for international protection has failed; and if she will make a statement on the matter. [42529/20]
Since the coming into force of the International Protection Act 2015 on 31 December 2016, permission to remain is considered as part of the single procedure mechanism provided for under that Act. This encompasses the two international protection elements of refugee status and subsidiary protection as well as permission to remain.
All applicants refused international protection have a right to appeal to the International Protection Appeals Tribunal (IPAT) who must consider if the earlier International Protection Office (IPO) determinations on refugee status and subsidiary protection should be affirmed or set aside.
If permission to remain is also refused by the IPO, the applicant can make submissions for consideration as part of a formal permission to remain review. This review is in place to provide for situations where an applicant’s circumstances may have changed in a material way since the initial decision was made to refuse permission to remain.
If the appeal to the IPAT and the review of the permission to remain refusal are unsuccessful, the applicant is given an opportunity to avail of the option of voluntary return. Where this option is not availed of, and the person has no other permission to remain in the State, and no other immigration application pending, subject to a refoulement consideration, a deportation order is made.
If a Deportation Order is made, Section 3 (11) of the Immigration Act 1999 (as amended) allows an Order to be amended or revoked by making a request to me as Minister for Justice. In making a revocation request a person can raise new or changed circumstances in their case including in relation to their country of origin. I encourage people to be as detailed as possible in their representations to me and my Department so that fully informed decisions can be made at the appropriate time.