Appeal against recommendation that consent to the making of a subsequent application for international protection be refused (‘Subsequent Appeal’)

A person who has previously applied for international protection in Ireland is not permitted to make a subsequent application without the consent of the Minister for Justice.

Section 22 of the International Protection Act 2015 provides that an International Protection Officer shall recommend that the Minister give his or her consent to the making of a subsequent application where, following a preliminary examination of an application under subsection (2), the officer is satisfied that:

Since the determination of the previous application concerned, new elements or findings have arisen or have been presented by the person which make it significantly more likely that the person will qualify for international protection, and the person was, through no fault of the person, incapable of presenting those elements or findings for the purposes of his or her previous application, or
Where the previous application was withdrawn or deemed withdrawn, the person was, at the time of the withdrawal or deemed withdrawal, through no fault of the person, incapable of pursuing their previous application.

Where neither of the above conditions is fulfilled, an International Protection Officer shall recommend that a subsequent application for international protection not be allowed pursuant to section 22(5) of the Act.

The time limit within which to appeal against such a recommendation is short. An appeal under section 22(8) of the Act to the International Protection Appeals Tribunal must be made within 10 working days from the date of being notified of the recommendation (Regulation 3(b) of the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017).

An appeal pursuant to this section will be determined without an oral hearing.

Legal aid is available for these appeals; more information about this is available on our How To Appeal page.

Appeal Form

Click here for the appeal form

This page was last updated on November 14, 2024