Subsidiary Protection and Permission to Remain

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If a person does not qualify for refugee status they may qualify for subsidiary protection, if there are substantial grounds for believing that they would suffer serious harm if returned to their country of origin/country of former habitual residence.

If a person does not qualify for either refugee status or subsidiary protection they may be granted a permission to remain. This status may be granted at the discretion of the Minister for Justice on humanitarian grounds, or for some other compelling reason.

The principle of non-refoulement also applies to all protection decisions. This means that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

All applications are decided by the Minister for Justice based on recommendation from the International Protection Office (IPO) if no appeal is made, or the International Protection Appeals Tribunal (IPAT) if an appeal has been made and determined.