Those granted refugee status or subsidiary protection in the State, were granted international protection in recognition of the fact that, in the case of a person granted a refugee declaration, he or she had established a well-founded fear of persecution and were unwilling or unable to avail of the protection of their country of nationality. In the case of person granted a subsidiary protection declaration, substantial grounds have been shown for believing that he or she, if returned to his or her country of origin, would face a real risk of suffering serious harm and is unable or unwilling to avail himself or herself of the protection of that country.
Section 9 of the International Protection Act 2015 provides for the grounds for cessation of refugee status, which are in accordance with the grounds set out in the 1951 Convention relating to the Status of Refugees and the 2004 Qualification Directive (Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection). Section 11 of the 2015 Act provides for the cessation of eligibility for subsidiary protection in accordance with the 2004 Qualification Directive.
If a person with Refugee Status or subsidiary protection travels back to that country, this may be considered to be an act which conflicts with their status as a recognised refugee or person eligible for subsidiary protection. Specifically, such an action has the potential to lead the Irish immigration authorities to form the opinion that they have ceased to be a refugee, having voluntarily re-availed of the protection of their country of nationality, or having voluntarily re-established themselves in the country which they left or outside which they remained owing to fear of persecution. A person ceases to be eligible for subsidiary protection when the circumstances which led to their eligibility for subsidiary protection have ceased to exist or have changed to such a degree that international protection is no longer required.
Such an opinion has the potential to result in the revocation of international protection status in the State under section 52 of the 2015 Act, following due process.
For those still in the International Protection process, under section 16(3)(a) of the International Protection Act 2015, they or any dependents on whose behalf an application has been made, must not attempt to leave the State without the express permission of the Minister.
The 2024 Qualification Regulation (Regulation (EU) 2024/1347) provides in Articles 11 and 16 for the circumstances in which a person shall cease to be a refugee or cease to be eligible for subsidiary protection status. Section 214 of the International Protection Act 2026 sets out the procedure for withdrawal of international protection from a person who has ceased to be a refugee or ceased to be eligible for subsidiary protection in accordance with the Qualification Regulation. Section 65 of the Act provides that an applicant for international protection shall not leave or attempt to leave the State without the consent of the Minister. These measures will come into operation on 12 June 2026.
