Family reunification for refugees in Ireland

Information

A person with refugee status can apply under section 18 of the Refugee Act 1996 to the Minister for Justice and Equality for permission to have a member of their family or civil partner enter and live in the State. The application for family reunification is referred to the Refugee Applications Commissioner and a notification is given to the United Nations High Commissioner for Refugees.

The Refugee Applications Commissioner will investigate the application and submit a report in writing to the Minister for Justice and Equality. The report will set out the relationship between the refugee concerned and the person for whom the application is made and that person's domestic circumstances.

If the Minister is satisfied, after considering the report from the Refugee Applications Commissioner, that the subject of the application is a member of the refugee's family or a civil partner, the Minister will grant permission in writing to the person to enter and reside in the State. People with leave to remain do not have a right to family reunification. However, they may apply to have a member of their family join them in Ireland. There is no legal definition as to who is a member of the family for people with leave to remain. However, it is likely that such a definition would be similar to that of a person with refugee status.

The person who enters and resides in the State as a result of family reunification is entitled to remain in the State and to the same rights and privileges as a person with refugee status for as long as the refugee who made the application is entitled to remain in the State.

A member of the family in relation to a refugee means:

• Where a refugee is married, his or her spouse, providing that the marriage is in existence when the application for family reunification is made;
• Where a refugee is under the age of 18 years and is not married, his/her parents;
• the child of a refugee who on the date of the application for family reunification is under 18 years and not married.
• The Minister for Justice and Equality may, at his/her discretion, grant permission to a dependent member of the family of a refugee to enter and reside in the State. That family member is entitled to remain in the State and to the same rights and privileges as a Convention refugee for as long as the refugee who made the application is entitled to remain in the State. A dependent member of the family in relation to a refugee means any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such an extent that it is not reasonable for him/her to maintain himself/herself fully.