UNHCR welcomes the establishment of a new Subsidiary Protection Determination Procedure in Ireland

UNHCR strongly welcomes the establishment of a new Subsidiary Protection Determination Procedure in Ireland. The procedure has come into effect today, 14 November 2013, by way of Statutory Instrument.

The new procedure, which will involve an interview and the possibility to request an oral appeal of negative decisions for applicants for subsidiary protection, replaces the existing paper-based subsidiary protection procedure. It will be open to existing applicants of whom there are an estimated 3,800 and for new applicants for subsidiary protection.

“This development has the potential to significantly improve the situation of many persons who have been waiting for long periods of time to have their applications for subsidiary protection processed”, said Sophie Magennis, UNHCR Head of Office in Ireland.

She pointed out that it also introduces an enhanced procedure addressing difficulties with the old procedure highlighted by the Courts.

Subsidiary protection is granted by EU Member states to persons who are not eligible for refugee status but who might otherwise suffer serious harm if returned to their countries of origin.  In all other EU Member States, eligibility for refugee status and subsidiary protection status are assessed in a single procedure.

The new procedure established today, followed by the early introduction of a single procedure in 2014 will be important measures to reduce and eliminate delays in decision-making and to enhance the coherence and quality of international protection determination procedures in Ireland.

In Ireland, the introduction of a single procedure has been pending the enactment of the Immigration, Residence and Protection Bill first published in 2008. UNHCR notes the intention of the Minister for Justice and Equality to re-publish the Bill in 2014. UNHCR also notes that the Minister has said that the possibility of introducing a single protection procedure in advance of that proposed under the Immigration, Residence and Protection Bill will be kept under review.

The new subsidiary protection procedure will be operated by the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal. UNHCR appreciates the significant work ORAC has undertaken to prepare for the new procedure and looks forward to continuing to work closely with ORAC and the Tribunal and to providing support and assistance to them. UNHCR will also be providing support and assistance to legal practitioners and NGO’s supporting applicants.