International Protection Act 2026

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Request to Tribunal to be allowed to remain pending appeal

189. (1) Notwithstanding section 188 (3), a person referred to in any of the paragraphs of that section may, in accordance with regulations (if any) under section 198 , submit a request in writing to the Tribunal to be allowed to remain in the State (in this Act referred to as a “request to remain”) pending the outcome of his or her appeal.

(2) A request to remain shall—

(a) be submitted within 10 days from the date of the notice of the decision that is under appeal,

(b) specify, in writing, the grounds on which the request is made, and

(c) indicate whether the person wishes the Tribunal to hold an oral hearing for the purpose of determining the request.

(3) Notwithstanding section 188 (3), a person referred to in any of the paragraphs of that section 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 subsection (2)(a) within which the person may submit a request to remain, and

(b) where the person submits such a request in accordance with this section, pending a decision in respect of the request by the Tribunal under subsection (5).

(4) Before deciding whether to grant a request to remain, the Tribunal shall consider the following:

(a) the request;

(b) all material furnished to the Tribunal that is relevant to the decision as to whether to grant the request;

(c) any observations made to the Tribunal by the Determining Authority or the High Commissioner;

(d) where an oral hearing has been held, the evidence adduced and any representations made at the hearing;

(e) such other matters as the Tribunal considers relevant in making a decision under subsection (5) in relation to the request.

(5) The Tribunal may, subject to subsection (6) and without prejudice to the principle of non-refoulement—

(a) grant a request to remain, or

(b) refuse a request to remain.

(6) Without prejudice to the principle of non-refoulement, the Tribunal shall not grant a request to remain where the appeal is in relation to a subsequent application and the Tribunal is of the opinion that the appeal to which the request relates was brought for the purpose of delaying or frustrating the enforcement of a return decision made under section 216 or 218 .

(7) Without prejudice to a complete and fair examination of an appeal, where an applicant submits a request to remain and his or her application was considered in the asylum border procedure under Chapter 6 of Part 7 , a decision under subsection (5) in relation to the request shall, having regard to the maximum duration of that procedure as provided for in that Chapter, be taken within a period that is as short as possible but in any event no later than 5 days from the date of the receipt by the Tribunal of the request submitted to it in accordance with this section.

(8) The Tribunal shall as soon as practicable send a copy of a decision under subsection (5) and the reasons for it to—

(a) an applicant and his or her legal representative (if any), and

(b) the Determining Authority.

(9) The Tribunal shall have the power to decide ex officio whether or not a person to whom any of the paragraphs of section 188 (3) apply is to be allowed to remain in the State pending the outcome of an appeal brought by the person.