Applying for refugee status in Ireland

Information

Under the Refugee Act 1996, as amended by Section 11(1) of the Immigration Act 1999, and by Section 9 of the Illegal Immigrants (Trafficking) Act 2000, and by Section 7 of the Immigration Act 2003, your application for a declaration as a refugee will be dealt with:

• at first instance by the Refugee Applications Commissioner who will make a recommendation in relation to your case.
• If the recommendation is negative and you are entitled to appeal, any such appeal will be dealt with by the Refugee Appeals Tribunal,
• and finally, based on the recommendation of the Refugee Applications Commissioner or the Refugee Appeals Tribunal, a decision will be taken by the Minister for Justice.

You may make an application for a declaration as a refugee at the port of entry. At the port of entry, you will undergo certain formalities including an initial interview but you will always be required to subsequently attend at the Office at the Refugee Applications Commissioner. You may also make your application for a declaration as a refugee at the Office of the Refugee Applications Commissioner. This section outlines the procedure to be followed in each case.

Proposed changes to immigration law

In January 2008 the Immigration, Residence and Protection Bill 2008 (pdf) was published by the Minister for Justice, Equality and Law Reform. It is designed to replace all the current immigration legislation. Its provisions include a new single integrated process of application for protection which would replace applications for refugee status, subsidiary protection and leave to remain.

Rules

Applying at the Office of the Refugee Applications Commissioner/port of entry

If you indicate that you wish to apply for asylum, you will be asked to complete an application form for a declaration as a refugee.

If you wish to make a separate application on behalf of your minor children (or dependent(s)), a separate application form for a declaration must be completed for each minor child (or dependent). If not, your accompanying minor children (or dependent(s)) will be included in your decision and all decisions taken in relation to your asylum application will apply to them.

Your application must be accompanied by any original travel documents (passports, laissez-passer) in your possession and, if appropriate, those of your children under 18 years. Unless you have a reasonable cause for not doing so, you must also furnish originals of all identity documents, birth and marriage certificates in your possession relating to you and/or your minor children (or dependent(s)).

You will be given an initial interview, in accordance with Section 8 of the Refugee Act 1996, as amended, in order to establish whether you wish to make an application for a declaration, and if so, to find out the general grounds upon which the application is based; your identity, nationality and country of origin; the method of your entry (that is, the mode of transport used and the route you travelled) into the State; the reason why you are in the State; the legal basis for your presence in the State and any other basic information that the Refugee Applications Commissioner requires.

At the end of your interview you will be advised of your right to seek legal assistance and to consult with the United Nations High Commissioner for Refugees (UNHCR).

If you have applied at the port of entry, you are required to attend the office of the Refugee Applications Commissioner to complete the initial asylum process. If you do not do so and do not provide an address to the Commissioner within 5 working days of making an application, your application will be deemed to be withdrawn.

As part of the process, you and your dependent minors will be required to have your photographs taken. You will also be required to have your fingerprints taken. Fingerprints of your dependent minors may also be taken. Your fingerprints may be disclosed in confidence to the relevant Irish authorities and to asylum authorities of other countries, which may have responsibility for considering your application under the Dublin II Regulation /Dublin Convention (an electronic system - Eurodac - facilitates transfer of fingerprint information between Dublin II Regulation countries).

If you refuse to allow your fingerprints to be taken, you will be deemed not to have made reasonable effort to establish your true identity and to have failed in your duty to co-operate in the investigation of your application. This may affect the credibility of your application and lead to your application being withdrawn in which case the Minister for Justice shall refuse to give you a declaration. You should also note that in accordance with section 9(8)(c), where an immigration officer or a member of the Garda Siochana (the Irish police force), with reasonable cause, suspects that an applicant has not made reasonable effort to establish his or her identity, he or she may detain the person concerned.

You will be given a questionnaire, which you must complete and return at a date and time specified by the Refugee Applications Commissioner. The information you supply in the questionnaire will be considered in assessing your application. It is important, therefore, that you answer all questions fully and truthfully.

If you fail to return your questionnaire by the specified date, you may be found to have failed in your duty to co-operate in the investigation of your application and your application may be deemed withdrawn, in which case the Minister shall refuse to give you a declaration.

Before you leave the Reception Unit at the Office of the Refugee Applications Commissioner you will be issued with a Temporary Residence Certificate setting out your personal details and containing your photograph. The Temporary Residence Certificate is not an identity document.

When you have received your Temporary Residence Certificate you will be referred to the Reception and Integration Agency counter in the Office of the Refugee Applications Commissioner, which will arrange for you to be taken to a reception centre in the Dublin area where you will remain for a short period, while your needs are assessed. You will then be relocated to accommodation, which may be outside Dublin, and where you will be expected to stay while your application for a declaration as a refugee is being processed.

Unaccompanied minors/separated children

A child under the age of 18 arriving at the frontiers of the State (port of entry) or at the Office of the Refugee Applications Commissioner and who is not in the custody of an adult, will be referred to the Local Health Office. The Health Service Executive (HSE) may then decide that an application for a declaration as a refugee should be made on behalf of the minor. Specific arrangements will be made by the HSE in conjunction with the Office of the Refugee Applications Commissioner for the processing of such an application. The HSE is responsible for the general care and well being of the minor and will provide assistance to that minor.

Prioritisation of applications

The Minister for Justice may give a direction in writing to the Commissioner, or the Tribunal or to both which requires that certain classes of applications be dealt with as a priority.

In the event that your application is covered by such a direction, you will be advised of this.

A Ministerial direction of this nature may be determined by reference to one or more of the following matters:

• The grounds of the applications under section 8 of the Refugee Act 1996, as amended;
• The country of origin or habitual residence of applicants;
• Any family relationship between applicants;
• The ages of applicants and, in particular, of persons under the age of 18 years in respect of whom applications are made;
• The dates on which applications were made;
• Considerations of national security or public policy;
• The likelihood that the applications are well-founded;
• If there are special circumstances regarding the welfare of applicants or the welfare of family members of applicants;
• Whether applications do not show on their face grounds for the contention that the applicant is a refugee;
• Whether applicants have made false or misleading representations in relation to their applications;
• Whether applicants had lodged prior applications for asylum in another country;
• Whether applications under section 8 of the Refugee Act 1996, as amended, were made at the earliest opportunity after arrival in the State;
• Whether applicants are nationals of, or have a right of residence in, a country of origin designated as safe under section 12(4) of the Refugee Act 1996, as amended;
• If an applicant is a person to whom paragraph (a), (b) or (c) of section 2 of the Refugee Act 1996, as amended applies.

Under the Refugee Act 1996, as amended, certain categories of application must also be prioritised as follows:

• Applications from applicants in detention;
• Appeals from applicants in respect of recommendations from the Commissioner which come within the categories described in section 13(6) findings and section 13(8) of the Act.

Where to apply