My Department looks at all international protection applications made in the State on a case by case basis in accordance with the legislation, the International Protection Act 2015. Each consideration takes into account a number of factors as set out in section 49 of the Act.
If an applicant fails in their International Protection claim, they may seek humanitarian leave to remain. Permission to remain is also considered under the International Protection Act 2015. Under the Act, when I am making a decision on whether to grant an applicant permission to remain in the State, I must consider any information submitted by the applicant throughout the process plus the nature of their connection to the State. A person’s character and conduct is taken into consideration. Also, an applicant’s private and family rights are examined in accordance with the Constitution and the European Convention on Human Rights and a complete refoulement assessment is carried out to ensure that the conditions in an applicant’s relevant country of origin allow for their safe return.
Furthermore, it should be noted that all decisions at each stage of the process may be subject to review by the High Court.