Dáil Éireann Debate, Wednesday - 10 November 2021
197. Deputy Carol Nolan asked the Minister for Justice the number of permission to remain applications rejected by the independent International Protection Appeals Tribunal in each of the years 2011 to 2020 and to date in 2021; and if she will make a statement on the matter. [54929/21]
View answer198. Deputy Carol Nolan asked the Minister for Justice the number of permission to remain applications rejected by the independent International Protection Appeals Tribunal that have subsequently been reversed or overturned following a review by the International Protection Office in each of the years 2011 to 2020 and to date in 2021; and if she will make a statement on the matter. [54930/21]
View answer199. Deputy Carol Nolan asked the Minister for Justice the most common grounds upon which permission to remain applications are ordinarily refused or rejected following an application under each of the different categories (details supplied); and if she will make a statement on the matter. [54931/21]
View answerI propose to take Questions Nos. 197 to 199, inclusive, together.
For those who are in the international protection process, our objective is to have decisions made on their applications, including the permission to remain consideration, as soon as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security.
Since the International Protection Act 2015 commenced on 31 December 2016, the International Protection Office of my Department has carried out the function of considering permission to remain (under section 49 of the 2015 Act), in respect of those applicants who have been refused international protection (refugee status or subsidiary protection) at first instance.
In the permission to remain element of the process, each case is given a detailed consideration on its individual merits under all of the prescribed headings. This includes a full consideration of their private and family rights in accordance with the European Convention on Human Rights, humanitarian factors, as well as consideration of a person’s work situation, among other issues, before a decision is taken to grant or to refuse 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.
Where the IPAT upholds the IPO recommendation to refuse international protection, and if permission to remain has also been refused by the IPO, the applicant can make submissions for consideration as part of a formal permission to remain review by my Department.
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. Any decision taken to grant permission to remain under the review mechanism can only be made once the international protection appeal has been refused by the IPAT.
The IPAT has no role in the consideration of permission to remain either at first instance or under the review mechanism. I understand that my officials have engaged directly and intend to follow up in writing with the information sought in that engagement.
