Rights and obligations of asylum seekers in Ireland

Information

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.

Your rights

• 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 appropriate.
• 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 initial application.
• 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 Police), local 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).

Your obligations

• 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 Certificate.
• 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 Applications Commissioner.
• 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 accommodation.
• 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.