Withdrawing from the international protection process
The International Protection Act 2015 provides for the withdrawal of applications for international protection (refugee status and subsidiary protection). You may withdraw your application at the first stage or at the appeal stage. In certain circumstances your application may be deemed to be withdrawn – see below.
Withdrawal at first stage
If your application for international protection is still under consideration by the International Protection Office, you may withdraw your application by notifying the Minister for Justice and Equality in writing. When the Minister is notified of your withdrawal, they will refuse to give you either a declaration of refugee status or a declaration of subsidiary protection. If you have a solicitor, they will be notified. The Minister may arrange for your removal from the State unless you have been granted permission to remain in the State.
Withdrawal at appeal stage
If you wish to withdraw at the appeal stage, you should send your notice of withdrawal to the International Protection Appeals Tribunal. If your appeal is withdrawn or deemed to be withdrawn, the Minister for Justice and Equality will refuse to give you a refugee or subsidiary protection declaration. The Minister may then arrange for your removal from the State unless you have been granted permission to remain in the State or you have agreed to return voluntarily to your country of origin.
Applications deemed to be withdrawn
There are a number of circumstances in which failure on your part to comply with your statutory obligations may result in your application for international protection (or your appeal against refusal) being deemed withdrawn. In which case, the Minister shall refuse to give you a refugee status or subsidiary protection declaration. These are as follows:
- Failure to inform the Minister for Justice and Equality of your address or change of address
- Failure to report when required to do so
- Failure to reside or remain at a particular district of place in the State when required to do so
- Leaving or attempting to leave the State without the consent of the Minister for Justice and Equality
- Failure to co-operate with the International Protection Office or to furnish information relevant to your application
- Failure to attend for interview with the International Protection Office
- Failure to co-operate with the International Protection Appeals Tribunal or to furnish information relevant to your appeal
- Failure to attend for an oral hearing with the Tribunal, without reasonable cause
Where an application is withdrawn or is deemed withdrawn, there is no appeal.
If your application for international protection has been withdrawn or is deemed withdrawn, but you wish to apply again, you may be able to make a subsequent application. You must first apply for the Minister’s consent to the making of a subsequent application.
You must satisfy the following condition:
- Your previous application was withdrawn or deemed withdrawn through no fault of your own, and therefore you were incapable of pursuing your previous application.
If the Minister consents to the making of a subsequent application, you should make the application within 10 working days.
If the Minister does not consent to the making of a subsequent application, you can appeal this refusal within 10 working days from the date of the notification. The decision in this appeal will be made without an oral hearing.