Right to Remain

If you have received your decision letter from the International Protection Office and you have been refused both refugee status and subsidiary protection status, you may have a right to remain in the State for a certain period of time.

The exceptions to this are as follows:

• If your application was examined under the accelerated procedure or the asylum border procedure, and it was rejected as unfounded or manifestly unfounded, you do not have a right to remain, regardless of whether you appeal this decision or not
• Unless you are an unaccompanied minor, if a decision was made to reject your application as inadmissible, and one of the following applies to you, you do not have a right to remain, regardless of whether you appeal this decision or not:
  • Your application is a subsequent application and no new relevant information has arisen or been presented by you
  • A country outside of the EU is considered to be a first country of asylum for you
  • A country outside of the EU is considered to be a safe third country for you
  • Another EU country has already granted you refugee status or subsidiary protection status
  • The International Criminal Court or an international tribunal has provided, or is in the process of providing, safe relocation for you to another EU country or a third country
  • You were issued with a deportation order, a return order or a return decision, and you made your application more than 7 working days after receiving it.
• Your application has been declared as implicitly withdrawn, or
• A decision was made to reject your subsequent application as unfounded or manifestly unfounded.

If none of the above applies to you, you will have a right to remain in the State until the time period for you to make an appeal expires, and if you choose to make an appeal in this time, you can request and may be granted a right to remain until your appeal is decided.

If you have received your decision letter and you have been refused both refugee status and subsidiary protection status, and none of the above exceptions apply to you, you may submit a request to remain in writing to the Tribunal. It is important that you check your decision letter to find out the deadline for submission of this form, as late requests will not be accepted.