Rights and obligations of asylum seekers in Ireland
- You will not be removed from the State until you have been given the opportunity to present your case fully to the International Protection Office (Unless your case is to be dealt with in accordance with the Dublin III Regulation).
- 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 international protection. 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 international protection is being processed. 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 government departments and agencies, including the immigration authorities, An Garda Síochána (the Irish Police), local authorities and the UNHCR, to enable these organisations carry out their functions. These functions include administering 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 III Regulation 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 international protection by the International Protection Office, the International Protection Appeals Tribunal and the Minister for Justice and Equality (as appropriate).
- You have the right to view and correct any data concerning you which is held on the Eurodac system. You will be given the opportunity to do this while you are in the International Protection Office or you can write to the International Protection Office to rectify any incorrect data – see ‘Where to apply’ below.
- You must comply with the laws of the State.
- You must notify, in writing, the Minister for Justice and Equality of your address as soon as possible and any change of address. Failure to do so could result in you being found guilty of an offence under the International Protection Act 2015. Failure to do so could also result in you not receiving important notifications in relation to your application and consequently failing to meet time limits for lodging documentation, appeals, and so on. You can find out more about offences under the International Protection Act 2015 – see 'Further information' below.
- In all correspondence with the International Protection Office or the International Protection 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 and Equality while your application is under consideration.
- If you meet the eligibility criteria you can apply for permission to work.
- You may be required to report at specified intervals to an immigration officer or to a specified Garda station.
- You are required to reside or remain at the accommodation centre allocated to you by the Reception and Integration Agency (RIA).
- You can only move from this accommodation with the permission of the RIA and only in circumstances where the RIA 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 International Protection Office. 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 International Protection Office. The International Protection Appeals Tribunal will be required to take this into account in assessing the credibility of your application
- You must provide the International Protection Office or the International Protection 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 International Protection Office and the International Protection Appeals Tribunal. Only in exceptional circumstances will additional copies of the documents be made available.
Applications which may be deemed to be withdrawn
There are a number of circumstances in which failure on your part to comply with your statutory obligations may result in your application for international protection being deemed withdrawn. In this case, the Minister for Justice and Equality shall refuse to give you a declaration.
Where to apply
Offences contrary to the International Protection Act 2015
An applicant for international protection who:
- Leaves or attempts to leave the State without the permission of the Minister for Justice and Equality
- Fails to inform the Minister of their 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 Síochána
Any person who:
- Forges or fraudulently alters, or 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 refugee
- Destroys or conceals identity documents with intent to deceive for the purposes of, or in relation to, an application for a declaration as a refugee
will be guilty of an offence under the International Protection Act 2015 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 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 international protection
- Destroys or conceals identity documents with intent to deceive for the purposes of, or in relation to, an application for international protection
- Who operates a port or other place that is not an approved port and facilitates the landing in the State at that port or other place by another person so that the other person thereby commits an offence under the Immigration Act 2003 or who, knowing that another person has committed such an offence at that port or other place, fails to report the circumstances to an immigration officer
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 international protection can be detained
Subject to the provisions of the International Protection Act 2015, 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 III Regulation country
- Intend to avoid removal from the State, in the event of your application being unsuccessful
- 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
- Have acted or intend to act in a manner to undermine the international protection system in the State or the Common Travel Area arrangement