NATIONAL STATUSES GRANTED FOR PROTECTION REASONS IN IRELAND. ESRI RESEARCH SERIES NUMBER 96 January 2020

Groarke, Sarah and Brazil, Patricia (2020) NATIONAL STATUSES GRANTED FOR PROTECTION REASONS IN IRELAND. ESRI RESEARCH SERIES NUMBER 96 January 2020. UNSPECIFIED.

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Abstract

This study examines the national statuses that may be granted for protection reasons in Ireland. The report focuses on national statuses with a sole basis in Irish domestic law and policy and does not examine in detail EU-harmonised statuses. The national statuses discussed in this report are diverse in terms of their policy objectives, legal basis, procedure and content. However, it provides an overview of the potential means of regularising the status of those with a protection need that is not EU-harmonised. The study covers statuses that were granted in Ireland between 2010 and 2018 and includes any statuses that were introduced and subsequently ceased during the study period. The 1951 Convention relating to the Status of Refugees (1951 Refugee Convention) and the 1967 Protocol relating to the Status of Refugees together form the cornerstone of international protection for persons who have been forced to flee their country due to persecution. The 1951 Refugee Convention sets out the definition of a refugee and the standards of protection to which persons recognised as a refugee are entitled. In the EU context, the EU Qualification Directive seeks to harmonise the status granted to persons seeking protection across the EU and ensure a minimum level of rights afforded to persons recognised as refugees or subsidiary protection beneficiaries. Nevertheless, a wide variety of non-harmonised statuses or national statuses granted to non-EU nationals for protection reasons are in place at national level across EU Member States (EMN, 2010). In Ireland, the International Protection Act 2015 (the 2015 Act) gives effect to Ireland’s obligations under the 1951 Refugee Convention and incorporates EU-harmonised provisions governing international protection contained in the 2004 Qualification Directive. The 2015 Act provides that a successful international protection applicant may be granted refugee status or subsidiary protection. In addition to the two core international protection statuses, Irish law sets out a number of national statuses for persons with a protection need.

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