Using a false name in an International protection application. While applying for international protection can be stressful, applicants must do their best to be honest and truthful throughout the process. Using a false name can have serious consequences and affect the outcome of your application and your future in Ireland. In this blog post, we discuss the repercussions of using a false name, and what you should do if you have used one in your international protection application.
Why do some international protection applicants use a false name?
Many seeking international protection are burdened by fear and uncertainty, fleeing countries where their lives are in danger. The prospect of returning can be terrifying. Even when they reach the safety of Ireland, some have lingering fears about being identified. In desperate circumstances, some applicants might use a false name to hide their true identity. Others may use a false name on the advice of traffickers who promise them passage to a safe country.
Despite this, using a false name with Irish authorities can have serious consequences, potentially affecting the outcome of your application and jeopardising your future in Ireland.
What are the consequences of using a false name?
If you use a false name when you apply for international protection, you could face serious legal consequences under Irish law. You could be arrested and detained in custody if you have not been truthful about your identity. Under Section 20 of the International Protection Act 2015, “An immigration officer or a member of the Garda Síochána may arrest an applicant without warrant if that officer or member suspects, with reasonable cause, that the applicant—(f) without reasonable excuse—(i) has destroyed his or her identity or travel document, or (ii) is or has been in possession of a forged, altered or substituted identity document.” If you are convicted, you could be fined, imprisoned, or both. Your international protection status could also be refused, or if you have already been granted refugee status or subsidiary protection, it could be revoked, creating uncertainty about your future.
Using a false name in a citizenship application
If you are granted refugee status or subsidiary protection under a false name and later apply for Irish citizenship, you could face severe penalties and jail. Under Section 29B of the Irish Nationality and Citizenship Act 2004, knowingly providing false or misleading information in a citizenship application is a criminal offence. If convicted, you could be fined up to € 50,000, jailed for up to five years, or both. Your citizenship application could be refused (or revoked if it has been granted) and you could lose any protection status you have. In one case in 2020, an international protection applicant who was granted citizenship was jailed for three years for making a false declaration on his citizenship application.
What Should You Do If You Have Used a False Name?
If you are using a false name, it is crucial you take steps to correct it as soon as possible, particularly if you are in the process of applying for international protection or Irish citizenship. While the international protection application process can feel overwhelming, honesty is essential when dealing with Irish immigration officials and the Garda Síochána to avoid additional stress and legal consequences in the future.
At Gibson & Associates LLP, our specialist immigration team understands the many reasons international protection applicants use false names and the anxiety that using a false identity can cause. We can help you with advice and guidance to advise the Department of Justice of your correct identity and take the steps needed to help protect your future in Ireland. Please get in touch with a member of our immigration team today on (01) 264 5555 for understanding and support to help resolve your situation with the best possible outcome.
