Update on New Subsidiary Protection Procedure

Posted On: 10 October 2013

The Irish Government is working on introducing a new procedure for subsidiary protection.

This is in the light of an important High Court judgment in the case of MM v The Minister for Justice and of the Court of Justice of the European Union which found that the Minister for Justice had failed to give people applying for subsidiary protection the ‘right to be heard’.  Following the High Court decision, the Minister for Justice has decided that those applying for subsidiary protection should have an interview before a decision is made on their application and, if their application is refused, that they should have a right of appeal to the Refugee Appeals Tribunal.

So the Irish government is working on introducing a new procedure which will include both an interview and an oral hearing (if necessary) to give those applying for subsidiary protection an opportunity to properly put their case and to address reasons given for refusing their asylum claims.

The UN Refugee Agency (UNHCR) has issued a statement which explains the new process which you can read on their website http://www.unhcr.ie/news/irish-story/new-subsidiary-protection-procedure-to-be-introduced

The new procedure will deal with current applications and new applications for subsidiary protection.

If your application is currently with the Department of Justice you will receive an information letter informing you that the new procedure will be introduced soon.

What does the letter say?

  • The new procedure will be introduced soon
  • The Irish Naturalisation and Immigration Service (INIS) in the Department of Justice will no longer be dealing with applications for subsidiary protection.
  • The responsibility for these applications will now be with the Office of the Refugee Applications Commissioner (ORAC)
  • There will be an interview at ORAC
  • You or your solicitor will be able to provide supplementary information in advance of this interview
  • If you receive a negative decision you can appeal the decision at an oral hearing before the Refugee Appeals Tribunal (RAT)
  • You will be given more detailed information in due course
  • You are asked to fill out SP Form A to confirm that you are available in Ireland to proceed with your Subsidiary Protection application

How you can help yourself

  • Do not panic
  • Read the information letters carefully (get help if needed)
  • If you are worried about the interview contact your solicitor for advice (if you have one).
  • If you wish to provide information to ORAC in advance of your interview contact your solicitor
  • If you have problems contacting a solicitor seek information from support and advocacy groups

How we can help you

The IRC will be organising information sessions to give more information for those that want to know more about how to prepare for the interview.  Check the IRC website or sign up on our facebook page to be kept up to date with details about the information sessions.


Information and Referral Service

Irish Refugee Council

10 October 2013