Safe Countries and Accelerated Procedure
Safe Countries and Accelerated Procedure
The Accelerated Procedure
The International Protection Office may accelerate your application. If you are placed within the accelerated procedure, the International Protection Office will likely inform you of the date for your substantive interview on the day you apply for International Protection. The interview could take place within a number of weeks. Therefore, it is especially important that you apply for legal aid as soon as possible.
There are a number of reason why your application would be placed within the accelerated procedure, including:
- You are coming from a designated safe country of origin
- You are coming from a country from which the two highest number of applications were made in the last three months.
Safe Countries
The Irish Government has made a list of countries that it has designated as safe.
Currently the countries included on the list are:
- Algeria
- Albania
- Bosnia and Herzegovina
- Botswana
- Brazil
- Egypt
- Georgia
- India
- Kosovo
- North Macedonia
- Malawi
- Montenegro
- Morocco
- Serbia
- South Africa
For further information see here.
People who come from designated "safe" countries can apply for International Protection.
Nigeria and Pakistan
Nigeria and Pakistan have not been added to the designated safe country list. However, they are currently subject to the accelerated procedure, like designated safe countries.
The International Protection Office has decided to accelerate applications from the two countries with the highest number of applicants in the last three months. Please see here and here for more information.
Will I be refused international protection because I am from a designated safe country or because I am from Nigeria or Pakistan?
Not necessarily. Even if you are from a designated safe country, or from Nigeria or Pakistan, you may be granted Refugee Status, Subsidiary Protection, or Permission to Remain. This is because the International Protection Office must take into account your individual circumstances before making a decision on your application. As an applicant you may be expected to provide more evidence as to why it is not safe for you to return to your country.
Do I have a right of Appeal?
Yes, if you receive a negative first instance decision, you can appeal this decision to the International Protection Appeals Tribunal (IPAT), with the help of your solicitor. However, if you are subject to the accelerated procedure, the Tribunal might request that the appeal take place without an oral hearing. This means that the Tribunal would make a decision on your appeal based on written submissions from your solicitor. You would not have an opportunity to speak to the judge who is making the decision. Please note, your solicitor can ask the Tribunal to conduct an oral hearing. The Tribunal has discretion to accepts this request.
Can I work if I am in the accelerated procedure?
If you have received your first instance decision from the International Protection Office within six months of applying for International Protection, you are not eligible for Labour Market Access and your application for a Labour Market Access Permission will be refused.
This is likely to impact people in the accelerated procedure.