discrimination and the resulting discriminatory nationality laws and practices were the main causes of instances of
statelessness as identified by the Tribunal from 2014 to 2019.
Overall, this analysis of both IPO and IPAT decisions indicates that decision-makers and Tribunal members are
engaging with issues related to statelessness, but this is not necessarily being accurately recorded in the biodata
information of the decisions themselves when referring to country of origin or nationality, or in relation to the
biodata concerning the applicant on AISIP. It is important that a person is clearly identified as being stateless in the
asylum procedure, not only in the substantive assessments, but in all related databases and registers. Failure to
correctly identify their status will have repercussions for them. For example, should they be granted international
protection there may be ramifications when it comes to later administrative requirements such as when renewing
residence permission or applying for citizenship. Similarly, there may be implications for persons assessed not to
be in need of international protection when it comes to the subsequent deportation process and identification of
the relevant country for removal purposes.
Where a stateless person is found not to be in need of international protection by the IPO and IPAT, they may still
be granted permission to remain under section 49 of the International Protection Act 2015.80 In the absence of a
formal determination process, an interim solution would be for the Minister for Justice, and IPO authorised officers
on her behalf, to grant permission to remain to stateless persons on the basis of a finding of statelessness in this
procedure. In the case of a negative outcome, a deportation order will be issued obliging the applicant to return to
his or her country of habitual residence, something which is rarely possible in practice.
3.2.3 Immigration Procedures
Stateless persons are not only found in the protection procedure but may also appear in various immigration
procedures in Ireland. Under Section 3 of the Immigration Act 1999 when the Minister for Justice is considering
the making of a deportation order, she will consider on a discretionary basis whether or not to grant permission to
remain.81 Immigration Service Delivery (ISD) in the Department of Justice considers the representations made by
persons in this situation i.e. those persons who have been notified of a proposal to make a deportation order in
respect of them and who, in response, have submitted written representations in response to that proposal. This
legislative provision makes no specific reference to stateless persons but rather refers to the Minister for Justice’s
obligation to consider any representations made against deportation, on humanitarian or other specified grounds,
when considering whether or not to make a deportation order. The Minister for Justice must also take into account
human rights obligations under the European Convention on Human Rights Act 2003.82
In addition, there is a general discretion under immigration legislation to grant permission to persons to remain in
the State. Section 4 of the Immigration Act 2004 states that ‘an immigration officer may, on behalf of the Minister,
give to a non-national a document, or place on his or her passport or other equivalent document an inscription,
authorising the non-national to land or be in the State.’83 Similarly, where a person already has an immigration
80
Section 49 International Protection Act 2015 “(1) Where a recommendation referred to in section 39 (3)(c) is made in respect of an
application, the Minister shall consider, in accordance with this section, whether to give the applicant concerned a permission under
this section to remain in the State (in this section referred to as a “permission”). (2) For the purposes of his or her consideration under
this section, the Minister shall have regard to— (a) the information (if any) submitted by the applicant under subsection (6), and (b) any
relevant information presented by the applicant in his or her application for international protection, including any statement made
by him or her at his or her preliminary interview and personal interview. (3) In deciding whether to give an applicant a permission, the
Minister shall have regard to the applicant’s family and personal circumstances and his or her right to respect for his or her private and
family life, having due regard to— (a) the nature of the applicant’s connection with the State, if any, (b) humanitarian considerations, (c)
the character and conduct of the applicant both within and (where relevant and ascertainable) outside the State (including any criminal
convictions), (d) considerations of national security and public order, and (e) any other considerations of the common good.”
81
Immigration Act, 1999 (as amended by Trafficking Act, 2000) [Ireland], No. 22 of 1999, 7 July 1999, available at:
https://www.refworld.org/docid/3ae6b60b12.html
82
Ireland: Act No. 20 of 2003, European Convention on Human Rights Act 2003 [Ireland], 30 June 2003, available at:
https://www.refworld.org/docid/47a708170.html
83
Immigration Act 2004 [Ireland], 13 February 2004, available at: https://www.refworld.org/docid/45e6f47a2.html
UNHCR
23