Thursday, February 13, 2014


The processing of all existing and future subsidiary protection applications was transferred from Minister for Justice & Equality to the Office of the Refugee Applications Commissioner (ORAC) under Statutory Instrument No 426 of 2013, the European Union (Subsidiary Protection) Regulations 2013. This involved the creation of a new determination process, which includes a second interview. Previously the application was judged on the interview with the applicant during the asylum applications, which lead to many issues in respect of fair procedure, including credibility.

For a comprehensive break down of the new determination process, please see the following information chart provided by the UNHCR:

As January 2014 drew to a close, clients have attended interviews administrated by ORAC in respect of their subsidiary cases.

We have been informed that the format is very similar to the interviews at the asylum stage. Clients have been told that they should expect to receive a decision in respect of their applications in a month’s time.

As many applicants have been within the subsidiary protection procedure for periods extending beyond even 5 years, being finally provided with an estimated time frame regarding the determination of their case, within the near future, is greatly welcomed.

Naomi Pollock

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