Peadar Tóibín (Meath West, Aontú)
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1558.To ask the Tánaiste and Minister for Justice and Equality if a feasibility study has been carried out in relation to the possibility that asylum applicants who fail in their initial application could make their appeal from the safe third country that they arrived from, through the Irish Embassy in that country. [32423/24]

Helen McEntee (Meath East, Fine Gael)
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As part of the preparatory work to implement the EU Asylum and Migration Pact, my officials are examining the changes that it will facilitate in certain circumstances to limit the right to remain in the State pending appeals. The Asylum Procedures Regulation allows for applicants to remain in the State pending the outcome of their appeal. However, there are a number of exceptions to this, including where the applicant is subject to the Border Procedure. Where an applicant does not have an automatic right to remain for the purpose of an appeal they will be able to apply to the court or tribunal to do so. A decision on this will include an examination of both facts and law. Time limits will also apply for the making of this application. The Regulation also provides that applicants who have had subsequent rejected applications may be refused the right to remain pending an appeal decision to prevent further unfounded, abusive or last minute subsequent applications.

Under the Asylum and Migration Management Regulation, which will replace the Dublin III system, it also provides that an applicant may apply to the court or tribunal for permission to remain in the State pending the outcome of the appeal. In this case the right to remain is not automatic and a transfer may not take place until a decision on the request is made.