During the period that you are an asylum seeker in Ireland and your
application for a declaration as a refugee is being processed in Ireland, you
have certain rights and obligations.
- Unless your case is to be dealt with in accordance with the Dublin II
Regulation/Dublin Convention, you will not be removed from the State until
you have been given the opportunity to present your case fully to the
Refugee Applications Commissioner or the Refugee Appeals Tribunal, as
- Every effort will be made to provide you with an interpreter, where
necessary and possible.
- You are entitled to consult a solicitor. The Refugee
Legal Service is an independent body that provides legal assistance to
individuals applying for a declaration as a refugee. An information leaflet
about the Refugee Legal Service will be given to you when you make your
- You are entitled to consult with the United Nations High Commissioner for
Refugees (UNHCR) who has an office in Dublin.
- The Reception and Integration Agency will provide you with accommodation
(on a full board basis) in one of their accommodation centres while your
application for asylum is being processed. Asylum seekers are not entitled
to receive a rent supplement from the Health Service
Executive. You are entitled to welfare support and health care while
your application is being processed.
- All details provided in connection with your application will be treated
in confidence. Information may, however, be disclosed to other bodies that
may be dealing with you, such as Irish Government departments and agencies
including the immigration authorities, An Garda Síochána (the Irish
authorities, as well as the UNHCR, to enable these organisations carry
out their functions, including the administration of the law relating to
the entry and removal from the State of foreign nationals. Some information
may also be provided to other countries operating the Dublin II Regulation/Dublin Convention
for the purpose of operating these arrangements.
- You will be notified in writing at the most recent address given by you
of any appointments you must keep and any recommendations made or decisions
taken in connection with your application for a declaration as a refugee by
the Refugee Applications Commissioner, the Refugee Appeals Tribunal and the
Minister for Justice (as appropriate).
- You must comply with the laws of the State.
- You must notify, in writing, the Refugee Applications Commissioner of
your address (within 5 working days of making your application) and any
change of address. Failure to do so could result in you being found guilty
of an offence under the Refugee
Act 1996, as amended. Failure to do so could also result in you not
receiving important notifications in relation to your applications and
consequently failing to meet time limits for lodging documentation,
appeals, and so on. You can find out more about offences under the Refugee
Act 1996 - see 'Further information' below.
- In all correspondence with the Refugee Applications Commissioner or the
Refugee Appeals Tribunal you should clearly indicate your name, address,
nationality, and the reference number shown on your Temporary Residence
- You must not leave or attempt to leave the state without the consent of
the Minister for Justice while your application is under consideration.
- You are not entitled to seek or enter employment, unless you sought
asylum in the state on or prior to 26 July 1999. If you sought asylum prior
to this date and are still awaiting a decision on your application and wish
to enter employment, you should contact the Office of the Refugee
- You are not entitled to carry on any business, trade or profession.
- You may be required to report at specified intervals to an Immigration
Officer, to person authorised by the Minister for Justice or to a member of
the Garda Siochana (Irish Police).
- You are required to reside or remain at the accommodation centre
allocated to you by the Reception and Integration Agency
- You can only move from this accommodation with the permission of the
Reception and Integration Agency and only in circumstances where the
Reception and Integration Agency is in a position to offer you alternative
- You must be truthful at all times in the information you provide in
connection with your application. If you are not, it may lead to a finding
that your application is manifestly unfounded. In such circumstances, you
would have a shorter period within which to appeal and any appeal you might
make would be dealt with without an oral hearing.
- You must co-operate fully with the investigation of your application.
Failure to do so could affect the credibility of your application or result
in your application being deemed withdrawn.
- You should make all information relevant to your application available to
the Refugee Applications Commissioner. If you do not do so and seek to
bring forward additional information at appeal stage, you will be required
to explain why this information was not made available to the Refugee
Applications Commissioner. The Refugee Appeals Tribunal will be required to
take this into account in assessing the credibility of your application
- You must provide the Refugee Applications Commissioner or the Refugee
Appeals Tribunal (as appropriate), with details of your solicitor and any change of
solicitor (name, address, phone number, and so on).
- You or your solicitor must retain all copies of documentation given to
you by the Refugee Applications Commissioner and the Refugee Appeals
Tribunal. Only in exceptional circumstances will additional copies of the
documents be made available.
Applications which may be deemed to be withdrawn because of failure to
comply with certain obligations
There are a number of circumstances in which failure on your part to comply
with your statutory obligations may result in your application for refugee
status being deemed withdrawn. In this case, the Minister for Justice shall
refuse to give you a declaration.
These are as follows:
- Failure to provide an address to the Commissioner within 5 working days
of the making of your application;
- Failure to inform the Commissioner of a change of address;
- Failure to report when required to do so;
- Failure to reside or remain at a particular district or place in the
State when required to do so;
- Leaving or attempting to leave the State without the consent of the
Minister for Justice;
- Failure to co-operate with the Refugee Applications Commissioner or to
furnish information relevant to your application;
- Failure to attend for interview with the Commissioner;
- Failure to cooperate with the Refugee Appeals Tribunal or to furnish
information relevant to your appeal;
- Failure to attend for an oral hearing with the Tribunal.
Where an application is deemed withdrawn, there is no appeal.
Offences contrary to the Refugee Act 1996
There are offences in Ireland that are contrary to the Refugee
Act 1996, as amended. In addition, there are also circumstances under which
asylum seekers can be detained by An
Garda Siochana (Irish police).
An applicant for a declaration as a refugee who:
- Leaves or attempts to leave the State without the permission of the
Minister for Justice
- Seeks or enters employment or carries on any business, trade or
profession during the period before the final determination of his or her
application for a declaration
- Fails to inform the Refugee Applications Commissioner of his or her
address or any change of address
- Fails to comply with a requirement to reside or remain in particular
districts or places in the State or to report at specified intervals to an
immigration officer or member of the Garda Siochana
will be guilty of an offence under the Refugee Act, 1996, as amended, and
may be liable to a fine and/or imprisonment on summary conviction
Any person who:
- Forges or fraudulently alters a Temporary Residence Certificate
- Assists in forging or fraudulently altering or procures the forging or
fraudulent alteration of a Temporary Residence Certificate
- Gives or makes false or misleading information or statements for the
purposes of, or in relation, to an application for a declaration as a
- Destroys or conceals identity documents with intent to deceive for the
purposes of, or in relation to, an application for a declaration as a
will be guilty of an offence and may be liable to a fine and/or imprisonment
on summary conviction.
Any person who:
- Forges or fraudulently alters, or assists in forging or fraudulently
altering or procures to be forged or fraudulently altered any identity
documents for reward, with intent to use such documents for the purposes
of, or in relation to, an application for a declaration as a refugee
- Sells or supplies, or is in possession for the purposes of sale or
supply, forged identity documents with intent to use such documents for the
purposes of, or in relation to, an application for a declaration as a
will be guilty of an offence and may be liable to a fine and/or
imprisonment on summary conviction or on conviction on indictment
A member of the Garda Siochana may arrest without a warrant a person who may
be reasonably suspected of committing, or of having committed, an offence.
Circumstances in which an applicant for refugee status can be detained
Subject to the provisions of the Refugee Act 1996, as amended, you
could be detained by an immigration officer or member of the Garda Siochana if,
with reasonable cause, it is suspected that you:
- Pose a threat to national security or public policy
- Have committed a serious non-political crime outside the State
- Have not made reasonable efforts to establish your identity, including
non-compliance with the requirement to provide fingerprints
- Intend to avoid removal from the state, in the event of your application
being transferred to a Dublin II Regulation /Dublin Convention country
- Intend to avoid removal from the State, in the event of your application
intend to leave the State and enter another without lawful authority
- without reasonable cause, have destroyed identity or travel documents or
are in possession of forged identity documents.