Legislative background: definition of a refugee

The law in Ireland governing refugees and the processing of claims for refugee status is set out in 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.

The legal definition of a refugee , used in the Refugee Act, 1996, as amended, closely follows that of the 1951 Geneva Convention Relating to the Status of Refugees and refers to 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, but does not include a person who:

• (a) is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,
• (b) is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,
• (c) there are serious grounds for considering that he or she:
  - has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes
  - has committed a serious non-political crime outside the State prior to his or her arrival in the State or
  - has been guilty of acts contrary to the purposes and principles of the United Nations."

[section 2 of the Refugee Act, 1996, as amended]

"Membership of a particular social group" includes membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or male sex or having a particular sexual orientation.