Written answers
Monday, 8 September 2025
Department of Justice and Equality
International Protection
Sorca Clarke (Longford-Westmeath, Sinn Fein)
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1500. To ask the Tánaiste and Minister for Justice and Equality the appeals process available to persons whose applications for subsidiary protection or humanitarian leave to remain have been refused; if he will ensure access to legal advice for applicants in such situations; and if he will make a statement on the matter. [45023/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My Department takes all necessary steps to manage the international protection process efficiently and effectively, while ensuring the integrity of those processes is maintained at all times.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.
Under the single procedure, an applicant makes only one application, and has all grounds for seeking international protection (refugee status and subsidiary protection) as well as permission to remain determined in one process. This is known as a first-instance decision, or first-instance recommendation.
The International Protection Office (IPO) makes first instance recommendations in respect of international protection (refugee status and subsidiary protection) as well as decisions on permission to remain.
All applicants refused international protection have a right to appeal to the International Protection Appeals Tribunal (IPAT) who must then consider if the earlier International Protection Office (IPO) determinations on refugee status and subsidiary protection should be affirmed or set aside.
Again, this assessment is carried out in accordance with national and international asylum law.
People who have been refused international protection and have exhausted the appeals avenues through the IPAT are entitled to submit a request to review their permission to remain where their circumstances have changed since their initial application.
If successful, they will be granted permission to remain in Ireland.
If the permission to remain review is refused the persons will have the option of voluntary return, which if not accepted will likely lead to the making of a deportation order.
More detailed information on how an application will be processed by the IPO and in relation to the different stages of the process, can be found on the IPO website at: www.ipo.gov.ie/en/IPO/Pages/Assessment_of_Application.
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. This includes the provision of legal aid and advice to international protection applicants.
Applicants can avail of the services of the Legal Aid Board (LAB) which:
* provides legal assistance and advice in support of their application.
* advises them in relation to the completion of their International Protection Questionnaire (if not already completed) including any grounds that they may wish to set out for the purpose of requesting that the Minister should give them permission to remain in the State.
* assists them in the preparation for their international protection interview and any written representations to the Minister.
* in the case of a negative recommendation on their application, provides representation for them in any appeal they may take to the International Protection Appeals Tribunal (IPAT).
Detailed information on civil legal aid services and advice provided to international protection applicants can be found on the Legal Aid Board website at: www.legalaidboard.ie/en/our-services/legal-aid-services/services-for-international-protection-applicants/.
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