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Coming to Ireland as an asylum seeker or refugee

Introduction

The term "refugee" is used in everyday language in Ireland to describe a number of categories of people. These categories of people may have different legal statuses. As a result of these different legal statuses, they may have varying rights and obligations in Irish society. All these of these people are linked to the refugee process as defined in Irish law and based on international convention.

Proposed changes to immigration law: The Immigration, Residence and Protection Bill 2010 (pdf) which was published in June 2010 is designed to replace all the present immigration legislation. Its provisions include a new single category of application for protection which would replace applications for refugee status and leave to remain.

At present the breakdown of those different categories is as follows:

Asylum seeker

An asylum seeker is a person who seeks to be recognised as a refugee under the terms of the 1951 Convention relating to the Status of Refugees as defined in Section 2 of the Refugee Act 1996, as amended. Under Section 2 of the Act, 1996, the legal definition of a refugee is a person who, "owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it"

Convention refugee

A convention refugee is a person who fulfills the requirements of the definition of a refugee under the terms of the Geneva Convention relating to the status of refugees as defined in the Refugee Act, 1996, as amended and is granted refugee status.

Programme refugee

A programme refugee is a person who has been invited to Ireland under a Government decision in response to a humanitarian request, usually from the United Nations High Commissioner for Refugees (UNHCR), either for the purposes of temporary protection or resettlement.

Leave to remain

A person who does not fully meet the requirements of the definition of refugee under the terms of the Geneva Convention relating to the status of refugees as defined in the Refugee Act, 1996, may be granted leave to remain in the State for humanitarian or other compelling reasons. Leave to remain may be also be granted to non-EU nationals who have been refused a declaration as a refugee and are not eligible for subsidiary protection (pdf).

Where to apply

Office of the Refugee Applications Commissioner

79-83 Lower Mount Street
Dublin 2
Ireland

Opening Hours:Mon-Fri 8.45am - 4pm
Tel:+353 1 602 8000
Fax:+353 1 602 8122
Homepage: http://www.orac.ie/
Email: oracmail@orac.ie


Page updated: 2 December 2014

Language

Gaeilge | Fran├žais

Related Documents

  • Glossary of immigration terms
    A list of specific immigration terms with a brief explanation of what they mean.
  • Leave to remain in Ireland
    People who do not meet the requirements of the definition of a refugee may be granted leave to remain in Ireland. Leave to remain was also granted to some people under the Irish Born Child Scheme (IBC/05).
  • Applying for refugee status in Ireland
    There are various important rules and processes involved in applying for refugee status in Ireland.

Contact Us

If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.