Humanitarian Leave to Remain

If an applicant has received negative recommendations from the ORAC and the RAT, they may also apply to the Minister for Justice, Equality and Law Reform for leave to remain on humanitarian grounds as well as applying for subsidiary protection. 

When preparing this application, reference should be made to the factors that the Minister for Justice, Equality and Law Reform must consider before deciding to deport someone. These are listed in Section 3 (6) of the Immigration Act 1999 and are:

  1. the age of the person;
  2. the duration of residence in the State of the person;
  3. the family and domestic circumstances of the person;
  4. the nature of the persons’ connection with the State, if any;
  5. the employment (including self-employment) record of the person;
  6. the employment (including self-employment) prospects of the person;
  7. the character and conduct of the person both within and (where relevant and ascertainable) outside the State(including any criminal convictions);
  8. humanitarian considerations;
  9. any representations duly made by or on behalf of the person;
  10. the common good and
  11. considerations of national security

Such an application is a much more broad/general application and is often seen as a “last resort” because, if a negative decision arises from such an application, then a deportation order will almost inevitably issue.