Subsidiary Protection

A person who is declared not to be a refugee may apply for subsidiary protection to the Minister for Justice, Equality and Law Reform.  This category of international protection arises out of EU law (Directive 2004/83/EC of 29 April 2004) and is intended to be a residual category to encompass those persons who, while not considered refugees, are still deserving of international protection.

The Directive’s definition of a ‘person eligible for subsidiary protection’ is stated in Article 2(e) as:

“a third country national or stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country”

Serious harm as defined in Article 15 includesdeath penalty/execution, torture, inhuman/degrading treatment or punishment of an applicant in the country of origin, or a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

Please note that you are not eligible for subsidiary protection if there is reason to believe that you:

  1. have committed a crime against peace, a war crime, or a crime against humanity,
  2. have committed a serious crime
  3. have been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
  4. constitute a danger to the community or to the security of the State
  5. have left your country of origin solely in order to avoid sanctions resulting from crimes committed prior to your entry into Ireland where such crimes would be punishable by imprisonment in Ireland.

Similarly, if you have instigated or otherwise participated in the commission of the acts mentioned above, you are not eligible for subsidiary protection.

An application for subsidiary protection to the Minister for Justice, Equality and Law Reform can only be made when your application for refugee status has been investigated and refused by the ORAC and RAT. If the Minister decides you are not a refugee, you will be sent a notice in writing stating that:

  1. your application for a declaration as a refugee has been refused;
  2. the period of your entitlement to remain in the State has expired;
  3. the Minister proposes to make a deportation order under section 3 of the Immigration Act 1999 requiring that you leave the State; and
  4. you have the option of making representations to the Minister within 15 working days setting out why you should be allowed remain in the State.

This notice will also contain an application form for subsidiary protection which you can then submit to the Minister for Justice, Equality and Law Reform if you believe you are indeed, eligible for such protection.

In the event that you receive a negative response from the Minister for Justice Equality and Law Reform, your file goes automatically to the Repatriation Division of the Department of Justice, Equality and Law Reform. A recommendation is then made to the Minister for Justice, on whether you should be deported. 

(NB - Please note that if you make an application for subsidiary protection after you have been refused relief under section 3 of the Immigration Act 1999 you must apply to the Minister for permission to make such an application.)