Withdrawing from the asylum process in Ireland

Information

Withdrawal at first stage

If your application for a declaration is still under consideration by the Refugee Applications Commissioner, you may withdraw your application by notifying the Refugee Applications Commissioner in writing. You should set out clearly the reasons why you are withdrawing your application and indicate if you have applied for leave to remain in the State. The Minister for Justice will be notified of your withdrawal. He/she will refuse to give you a declaration and he/she may arrange for your removal from the State unless you have applied for or have been granted leave to remain in the State.

Withdrawal at appeal stage

If you wish to withdraw at appeal stage, the notification of your withdrawal should be made in writing on a Withdrawal Form addressed to the Refugee Appeals Tribunal. If you do so, the original determination of the Refugee Applications Commissioner that you should not be given a declaration as a refugee will stand.

The recommendation of the Refugee Applications Commissioner will be forwarded to the Minister for Justice who will refuse to give you a declaration as a refugee and may arrange for your removal from the state unless you have applied for or have been granted leave to remain in the State.

Withdrawal Forms are available from the Offices of the Refugee Appeals Tribunal.

When completing the Withdrawal Form, you should set out clearly the reasons why you are withdrawing your appeal and indicate if you have applied for leave to remain in the State. The completed form should be returned to the Refugee Appeals Tribunal. If you have a solicitor, he or she should countersign your Withdrawal Form.

Applications deemed to be withdrawn

There are a number of circumstances in which failure on your part to comply with your statutory obligations may result in your application for refugee status being deemed withdrawn and in which case, the Minister shall refuges to give you a declaration. These are as follows:

• Failure to provide an address to the Commissioner within 5 working days of the making of your application
• Failure to inform the Commissioner of a change of address
• Failure to report when required to do so
• Failure to reside or remain at a particular district of place in the State when required to do so
• Leaving or attempting to leave the State without the consent of the Minister for Justice
• Failure to co-operate with the Refugee Applications Commissioner or to furnish information relevant to your application
• Failure to attend for interview with the Commissioner
• Failure to co-operate with the Refugee Appeals Tribunal or to furnish information relevant to your appeal
• Failure to attend for an oral hearing with the Tribunal

Where an application is deemed withdrawn, there is no appeal.