Withdrawing from the international protection process
You can withdraw your application for international protection before the International Protection Office (IPO) makes its recommendation to the Minister, or while you are waiting for an appeal on a decision.
Your application can also be deemed to have been withdrawn if you do not cooperate in the appeals process or fail to attend an oral hearing.
Withdrawing your application or appeal
Before you withdraw your application, you should get legal advice. You should make sure you understand the consequences of your decision.
If your application for international protection is still being processed, you can withdraw your application by writing to the IPO. You should include your address and your reference number. You must sign the letter. If your children are part of your international protection application, you should include their details too.
If you already got a recommendation from the IPO and you have appealed to the International Protection Appeals Tribunal (IPAT), you can withdraw your appeal by writing to IPAT.
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. Your solicitor will be notified. You cannot appeal this decision.
The Minister may arrange for your removal from Ireland unless you have other permission to remain in the State, or you have agreed to leave voluntarily.
Appeals deemed to have been withdrawn
Your appeal to IPAT can be deemed to have been withdrawn in certain circumstances. This means that your appeal is treated as if you withdrew it because you have failed to do something.
If you fail to attend an oral hearing and you have not given IPAT a good reason that you could not attend within 3 working days after the date of the hearing, your appeal will be deemed withdrawn.
If you have failed in your duty to co-operate with the appeal procedure, IPAT will write to you and give you 10 days to confirm in writing that you want to continue with the appeal. If you do not confirm you want to continue your appeal, your appeal will be deemed to have been withdrawn. If you send confirmation that you want to continue your appeal, but you then fail in your duties again, IPAT may deem your appeal to be withdrawn.
Your duties are to:
- Submit the information that you are asked to submit
- Co-operate with the examination of your application
- Report to the authorities when required to do so
- Live or remain at a particular district of place when required to do so
- Tell the Minister your address and any change of address
- Not leave or attempt to leave Ireland without the consent of the Minister for Justice
When your appeal is deemed to have been withdrawn, the Minister may arrange for your removal from Ireland unless you have other permission to remain in the State, or you have agreed to leave voluntarily.
If your application for international protection has been withdrawn or is deemed withdrawn, but you want to apply again, you may be able to make a subsequent application. You must first apply to the Minister for permission to the making of a subsequent application.
You could get permission to make a subsequent application if your previous application was withdrawn or deemed withdrawn through no fault of your own, and you could not pursue your previous application as a result.
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.