Humanitarian Leave to Remain in Ireland
Where a notification of a decision to issue a deportation order is issued to a non-EEA citizen by the Minister for Justice, the non-EEA citizen is invited to submit a humanitarian leave to remain application.
This process is explained by the McMahon report (Department of Justice, 2015) as:
“If the decision is that a deportation order should not issue, leave to remain in the State is granted under Ministerial discretion following consideration of representations submitted, including in relation to the matters set out in section 3 of the Immigration Act 1999.”
Humanitarian leave to remain is granted at the discretion of the Minister.
Under Section 3 of the Immigration Act 1999, the Minister is obliged to consider the following:
- the age of the person;
- the duration of residence in the State of the person;
- the family and domestic circumstances of the person;
- the nature of the person’s connection with the State, if any;
- the employment (including self-employment) record of the person;
- the employment (including self-employment) prospects of the person;
- the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions);
- humanitarian considerations;
- any representations duly made by or on behalf of the person;
- the common good; and
- considerations of national security and public policy.
Applications of this nature can take a long time to process.
Contact us today to discuss an application for humanitarian leave to remain,.