International Protection Act 2026
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Right to remain in State pending appeal | ||
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188. (1) Subject to subsections (2) and (3), an applicant shall have the right to remain in, and shall not be removed from, the State— | ||
(a) until the expiry of the period referred to in section 187 (2), (3), (4)(a), (b) or (5), as the case may be, within which the applicant may make an appeal, and | ||
(b) where an appeal is made, subject to section 194 (6)(a), pending the outcome of the appeal. | ||
(2) Paragraphs (b) and (c) of section 65 (2) and sections 66 and 67 shall apply to a right to remain under this Part as they apply to a right to remain under section 65 . | ||
(3) Without prejudice to the principle of non-refoulement or section 68 , an applicant shall not have the right to remain in the State where— | ||
(a) a decision is made to reject his or her application as unfounded or manifestly unfounded and the application was considered in— | ||
(i) the accelerated examination procedure under Chapter 5 of Part 7 , or | ||
(ii) subject to subsection (4), the asylum border procedure under Chapter 6 of Part 7 , | ||
(b) subject to subsection (5), a decision is made under section 156 to reject his or her application as inadmissible where one of the following circumstances applies to the person who is the subject of the application: | ||
(i) a country which is not a Member State is considered to be a first country of asylum for the person, unless it is clear that the person will not be admitted or readmitted to that country; | ||
(ii) a country which is not a Member State is considered to be a safe third country for the person, unless it is clear that the person will not be admitted or readmitted to that country; | ||
(iii) a Member State other than the State has granted the person international protection; | ||
(iv) the International Criminal Court or an international tribunal has provided safe relocation for the person to a Member State or third country, or is unequivocally undertaking actions to that extent, unless new relevant circumstances have arisen which have not been taken into account by the Court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before such Court or tribunal; | ||
(v) the person— | ||
(I) was issued with— | ||
(A) a deportation order, | ||
(B) a return order under section 51A of the Act of 2015, | ||
(C) a return decision under section 216 or 218 , or | ||
(D) a return decision in accordance with Article 6 of Directive 2008/115/EC, | ||
and | ||
(II) made his or her application more than 7 days from the date on which the person received the order or decision, as the case may be, | ||
provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the expiry of that period that were not considered by the Minister (under section 3(3)(b) of the Act of 1999 or otherwise); | ||
(vi) his or her application was a subsequent application where no new relevant elements as referred to in Articles 55(3) and (5) of the Asylum Procedures Regulation relating to— | ||
(I) the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with the Qualification Regulation, or | ||
(II) the inadmissibility ground previously applied, | ||
have arisen or have been presented by the person, | ||
(c) a declaration is made under section 71 (2) that his or her application has been implicitly withdrawn, or | ||
(d) a decision is made under section 156 to reject his or her subsequent application as unfounded or manifestly unfounded. | ||
(4) Subsection (3)(a)(ii) shall not apply to an application by an unaccompanied minor. | ||
(5) Subsection (3)(b) shall not apply to an application by an unaccompanied minor that was considered in the asylum border procedure under Chapter 6 of Part 7 . |