International Protection Act 2026

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Withdrawal of international protection

214. (1) Subject to subsection (7), the Minister shall withdraw the refugee status of a person where:

(a) the person has ceased to be a refugee in accordance with Article 11(1) of the Qualification Regulation;

(b) the person should have been, or is, excluded from being a refugee in accordance with Article 12 of the Qualification Regulation;

(c) the person’s misrepresentation of facts, including, where applicable, the use of false documents, or omission of facts was decisive for the granting of refugee status;

(d) there are reasonable grounds for regarding the person as a danger to the security of the State;

(e) the person is convicted by a final judgment of a particularly serious crime and constitutes a danger to the community of the State.

(2) Subject to subsection (8), the Minister shall withdraw the subsidiary protection status of a person where:

(a) the person has ceased to be eligible for subsidiary protection in accordance with Article 16(1) of the Qualification Regulation;

(b) the person should have been, or is, excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation;

(c) the person’s misrepresentation of facts, including, where applicable, the use of false documents, or omission of facts was decisive for the granting of subsidiary protection status.

(3) Where new elements or findings arise indicating that there are reasons to reconsider whether the person qualifies for international protection, in particular in the instances referred to in subsection (1) or subsection (2), the Minister shall start the examination to withdraw international protection and make a decision in accordance with subsection (1).

(4) A withdrawal of international protection, be it—

(a) refugee status as referred to in subsection (1)(a), or

(b) subsidiary protection status as referred to in subsection (2)(a),

shall operate prospectively from the date of withdrawal.

(5) A withdrawal, other than the ones referred to in subsection (4), may operate—

(a) prospectively from the date of withdrawal,

(b) retrospectively to the date on which the decision to grant refugee status or subsidiary protection status was issued, or

(c) from any date between the dates referred to in paragraphs (a) and (b),

depending on the circumstances of the case and the matters referred to in subsection (6).

(6) Where the Minister is considering whether to withdraw international protection status retrospectively he or she shall have regard, where applicable, to matters such as:

(a) the individual circumstances and conduct of the person, including the length of time such person has held his or her status;

(b) the existence of derived rights, such as whether a child or dependant of the person has derived an autonomous right, entitlement or status from the person’s right, entitlement or status;

(c) the extent to which any other person who has derived an autonomous right, entitlement or status within the meaning of paragraph (b) has relied on that right, entitlement or status;

(d) whether the person failed to inform the Minister of a material fact which had, or was capable of having, an effect on the validity of his or her status;

(e) the date of the conviction referred to in respect of subsection (1)(e);

(f) any other information that the Minister deems relevant in the making of his or her decision.

(7) The Minister shall, on an individual basis, demonstrate that the beneficiary of refugee status—

(a) has ceased to be a refugee,

(b) should have never been granted refugee status, or

(c) should no longer be a beneficiary of refugee status,

for any of the reasons set out in subsection (1).

(8) The Minister shall, on an individual basis, demonstrate that the beneficiary of the subsidiary protection status—

(a) has ceased to be eligible for subsidiary protection,

(b) should have never been granted subsidiary protection status, or

(c) should no longer be a beneficiary of subsidiary protection status,

for any of the reasons set out in subsection (2).

(9) When considering whether to withdraw international protection, in accordance with subsection (1) or (2), the Minister shall:

(a) inform the person concerned in writing that his or her qualification as a beneficiary of international protection is being reconsidered and the reasons for such reconsideration;

(b) inform the person concerned of the obligation to cooperate with the Minister and other competent authorities, in particular of the fact that he or she shall be required to make a written statement and appear for a personal interview and answer questions therein;

(c) inform the person concerned of the consequences of not cooperating with the Minister and other competent authorities and that failure to submit the written statement and to attend the personal interview without justification shall not prevent the Minister from taking a decision to withdraw international protection;

(d) inform the person concerned of the opportunity to submit reasons as to why his or her international protection should not be withdrawn by means of a written statement within 10 working days from the date on which he or she receives the information, referred to in paragraph (a), and in a personal interview at a date set by the Minister;

(e) where the person concerned is no longer present in the State, direct that person to attend the personal interview, referred to in paragraph (b), via video link, as provided.

(10) For the purposes of subsection (9) and in accordance with the obligations as set out in Article 66 of the Asylum Procedures Regulation, the Minister—

(a) shall obtain relevant, precise and up-to-date information from relevant and available national, European Union and international sources and, where available, take into account the common analysis on the situation in a specific country of origin and the Asylum Agency guidance notes, and

(b) shall not obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being informed of the fact that the person concerned is a beneficiary of international protection whose status is under reconsideration.

(11) A notification of the decision to withdraw international protection shall be given in writing to the person concerned as soon as practicable, and shall include—

(a) the reasons for the withdrawal,

(b) information relating to the option to appeal the decision in accordance with section 215, and

(c) the relevant time limits relating to the appeal referred to in paragraph (b).

(12) (a) Where the person fails to adhere to the obligations set out in subsection (9) and does not—

(i) submit a written statement,

(ii) attend the personal interview referred to in subsection (9)(b), or

(iii) answer questions at that interview,

without due justification, the absence of the written statement or personal interview shall not prevent the Minister from making a decision to withdraw international protection.

(b) A refusal to cooperate as referred to in paragraph (a) may give rise to a rebuttable presumption that the person no longer wishes to benefit from international protection.

(13) This section shall not apply where the person—

(a) unequivocally renounces his or her recognition as a beneficiary of international protection,

(b) has become a national of another Member State, or of the State, or

(c) has subsequently been granted international protection in another Member State.

(14) The Minister shall conclude the cases referred to in subsection (13) by recording the outcome in the person’s file together with an indication of the legal ground for that conclusion, as referred to in paragraphs (a), (b), or (c) of that subsection.