Detailed Guidance on How Irish Citizens Can Apply for International Protection

Introduction

Irish citizens are typically protected under the robust human rights framework established by Irish law and the European Union. However, in exceptional circumstances where an Irish citizen faces severe government corruption perpetrated by state employees and cannot attain justice within Ireland, they may seek international protection. This detailed guidance outlines the legislative basis and procedures for seeking international protection in such scenarios.

Legislative Framework

1. European Union Protocol on Asylum for Nationals of Member States (Protocol No 24):

   • Generally, applications for asylum from EU nationals are considered inadmissible by other EU Member States.
   • Exceptions where asylum applications may be considered include:
     • If the Member State (Ireland) derogates from its obligations under the European Convention on Human Rights (ECHR).
     • If proceedings under Article 7(1) of the Treaty on European Union are initiated due to serious and persistent breaches of fundamental values.

2. International Protection Act 2015:

   • Provides the conditions and procedures for applying for international protection in Ireland.
   • Defines persecution and serious harm that qualify for protection under refugee status or subsidiary protection.

3. European Convention on Human Rights Act 2003:

   • Incorporates the ECHR into Irish law, ensuring the protection of fundamental rights and freedoms.

Conditions for Applying for International Protection

1. Acts of Persecution (Section 7 of the International Protection Act 2015):

   • Acts of persecution must be sufficiently serious by nature or repetition to constitute a severe violation of basic human rights.
   • Examples include physical or mental violence, discriminatory legal measures, disproportionate punishment, and denial of judicial redress.

2. Reasons for Persecution (Section 8 of the International Protection Act 2015):

   • Persecution may be based on race, religion, nationality, membership of a particular social group, or political opinion.

3. Eligibility for Subsidiary Protection (Section 2 of the International Protection Act 2015):

   • Applicants not qualifying as refugees may still be eligible if they face a real risk of serious harm such as the death penalty, torture, or inhuman treatment in their country of origin.

Applying for International Protection

1. Submitting the Application (Section 15 of the International Protection Act 2015):

   • The application must be made in person to the Minister for Justice and Equality.
   • The application should include:
     • Detailed reasons for seeking international protection.
     • Evidence of government corruption and lack of justice in Ireland.
     • All relevant information demonstrating eligibility for protection.

2. Preliminary Interview (Section 13 of the International Protection Act 2015):

   • Applicants will undergo a preliminary interview to establish:
     • The general grounds for their application.
     • Their identity, nationality, and travel route.
     • The legal basis for their entry or presence in the State.

3. Assessment by International Protection Officer (Section 22 of the International Protection Act 2015):

   • The officer will conduct a preliminary examination to determine if new elements or findings significantly increase the likelihood of qualifying for protection.
   • The assessment will consider the severity of government corruption and the applicant’s inability to obtain justice in Ireland.

4. Appeal Process (Sections 41, 44, 45, and 46 of the International Protection Act 2015):

   • If the initial application is refused, the applicant can appeal to the International Protection Appeals Tribunal.
   • The appeal must be lodged within the prescribed period, and the Tribunal will review the case without an oral hearing unless deemed necessary.

Exceptional Circumstances for Irish Citizens

In cases of severe government corruption and failure to attain justice within Ireland, Irish citizens must demonstrate exceptional circumstances to seek international protection. These include:

1. Derogation from ECHR Obligations (Protocol No 24, Sole Article (a)):

   • If Ireland derogates from its ECHR obligations under Article 15 of the Convention due to public emergency.

2. Article 7 Proceedings (Protocol No 24, Sole Article (b) and (c)):

   • If proceedings under Article 7(1) of the Treaty on European Union are initiated against Ireland for serious breaches of EU values.

3. Unilateral Decisions by Other EU Member States (Protocol No 24, Sole Article (d)):

   • An EU Member State may unilaterally decide to process an asylum application from an Irish national, under the presumption that the application is manifestly unfounded.

While Irish citizens are typically protected by the strong legal framework within Ireland and the EU, they may seek international protection in exceptional circumstances involving severe government corruption and inability to obtain justice. The process involves a detailed application, preliminary interview, and possible appeal, all governed by the International Protection Act 2015 and related EU protocols. Applicants must provide comprehensive evidence to substantiate their claims and meet the stringent criteria set forth in the legislation.