Ireland. UNHCR recommends that States grant recognised stateless people a renewable
residence permit valid for at least two years, although longer permits, such as five years,
are preferable in the interests of stability.
28. While stateless persons are not prohibited from making applications for residence
permission under existing administrative or statutory schemes, there is no published
guidance or policy on how such applications are handled. Evidence of identity, including
a passport, must be provided in support of an application for a residence permit
submitted to the Minister of Justice. While this requirement may be waived in practice,
there is no published guidance on the evidentiary requirements to be provided by
applicants, nor information on how to address issues related to statelessness.
29. When the Minister for Justice is considering the imposition of a deportation order there
is no requirement to consider statelessness as a relevant factor, but regard must be had
to humanitarian considerations and any representations made.
30. If residence permission is granted (either following an application to the Minister or
following the Minister’s determination that a deportation order should not be made)
this is set out in a decision letter. The decision letter that grants residence permission
does not typically explain the basis of the decision, it will not state that the individual is
a stateless person and may record a nationality that the individual asserts they do not
hold. While a residence permit granted by the Minister for Justice can be renewed, it is
at the Minister’s discretion whether it should be renewed and on what terms.
31. The decision letter granting residence permission typically directs the individual to
attend the local immigration office with evidence of identity in order to obtain a
certificate of registration (Irish Residence Permit card). Although the requirement to
produce evidence of identity can be waived in practice, the decision letter does not
always set this out. Even where certain requirements are waived by one State authority
it may not be accepted by other State authorities as definitive evidence that a person is
stateless and does not have a nationality. Aside from applications for international
protection, all residence permission and nationality applications are written
applications, relying on representations and documentary evidence and sometimes a
specific application form. This means that a stateless person may be required to
repeatedly make the same representations to different State authorities or even to
different units of the Department of Justice. Consequently, even though it may have
implicitly been accepted that the applicant cannot produce evidence of identity and is
stateless, this is not confirmed in writing and gives rise to ongoing difficulties for the
individual following the grant of residence permission in trying to deal with other State
bodies that may require evidence of identity (for example, to issue public service cards,
social security, or driving licences).
32. Stateless refugees are granted rights akin to nationals, including a right to employment,
education, social security, healthcare, renewable residence of at least three years, a
travel document, and family reunification. Stateless people granted residence outside
of international protection proceedings are usually provided with terms and conditions
by the Minister for Justice on an administrative basis and rights are not set out in law.
These usually include a residence permit for a minimum of 12 months (renewable on
certain conditions) and access to the labour market. They can also usually access social
security and healthcare but may face barriers in practice due to the lack of identity
documents. Travel documents may be granted on a discretionary basis to stateless
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