European Union (Subsidiary Protection) Regulations, 2017.
New regulations relating to the making of applications for subsidiary protection in the State will come into effect from 2nd October 2017. These Regulations are being introduced to take account of jurisprudence from the Court of Justice of the European Union (the CJEU) in Case C-429/15 E.D. v Minister for Justice and Equality ECLI:EU:C:2016:789 and the Court of Appeal in the same case E.D. v Minister for Justice and Equality (No.2) [2017] IECA 20.
If you are a person who has been refused refugee status in the State since 10 October 2006 and you were subsequently invited to apply for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 or the European Union (Subsidiary Protection) Regulations 2013 and:
a) you did not make an application because you believed that you were not entitled to do so on the basis that the 15 working day time limit had expired, or
b) you made a late application for subsidiary protection, which application was, on the basis that the 15 working day time limit had expired, not considered or investigated.
subject to the provisions of the 2017 Regulations, you are now eligible under those Regulations to apply for subsidiary protection.
To avail of this process under the 2017 Regulations you must meet the following criteria:
i. you must be present in the State on 2 October 2017.
ii. you must apply in person at the International Protection Office.
If you have been granted refugee status or subsidiary protection in this State or in another EU Member State you are not eligible to apply under this process.
For further details on how to apply please see the:
IPO Information Note on European Union (Subsidiary protection) Regulations 2017 (IPO (SP) 05) English language version here.
IPO Information Note on European Union (Subsidiary protection) Regulations 2017 (IPO (SP) 05) translation version here.
