Reception and Intregration Agency
WHO IS AN ASYLUM SEEKER?
An Asylum Seeker is a person who seeks to be recognised as a refugee in accordance with the terms of the 1951 Geneva Convention Relating to the Status of Refugees and the related 1967 Protocol, which provide the foundation for the system of protection for refugees generally.
WHO IS A REFUGEE?
A Refugee is defined in section 2 of the Refugee Act, 1996 (as amended) as “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:
(i) 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,
(ii) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or
(iii) has been guilty of acts contrary to the purposes and principles of the United Nations.”
“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 famale or the male sex or having a particular sexual orientation.
“The High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner.
Such refugees are known as “Convention” Refugees. The term “Convention” relates to the 1951 UN Convention Relating to the Status of Refugees and its protocol which sets out the criteria for granting refugee status.
WHO IS A PROGRAMME REFUGEE?
A Programme Refugee is defined in section 24 of the Refugee Act, 1996 (as amended) as “a person to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government and whose name is entered in a register established and maintained by the Minister for Foreign Affairs, whether or not such a person is a refugee within the meaning of the definition of 'refugee' in section 2.”
These are persons who are invited to Ireland by the Government usually in response to a humanitarian crisis and at the request of the United Nations High Commissioner for Refugees. In general, they have the same rights as Convention refugees.
ABOUT APPLYING FOR REFUGEE STATUS
If you believe that you qualify as a refugee as defined in section 2 of the Refugee Act, you may apply to the Minister for Justice, Equality and Law Reform for a declaration as a refugee and seek the protection of the State.
The information outlined in this part of the website is intended to help you understand the various procedures that apply to a person seeking a declaration as a refugee in Ireland.
These procedures will lead to a determination whether an asylum seeker can remain in Ireland as a refugee or whether he/she will be removed from Ireland and returned to his/her country of origin/residence arising from an investigation of an asylum application, or to a third country in accordance with the provisions of the Dublin II/Dublin Convention (see Section 4 below).
ABOUT THE REFUGEE ACT (1996) AS AMENDED
The principal aim of the Refugee Act, 1996 (as amended) is to give statutory effect to the State's obligations under the 1951 Geneva Convention Relating to the Status of Refugees and the related 1967 Protocol. Ireland signed the 1951 Convention on 29 November, 1956 and the 1967 Protocol on 6 November, 1968. The 1951 Convention defines a refugee and it sets out the social, civil and economic rights of people in need of international protection.
ABOUT THE REFUGEE APPLICATIONS COMMISSIONER, THE REFUGEE APPEALS TRIBUNAL AND THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM
The Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal are both statutorily independent offices established under the Refugee Act.
Your application for a declaration as a refugee will be dealt with in the first instance by the Refugee Applications Commissioner, who will make a recommendation in relation to your case. If the recommendation is negative and you are entitled to appeal, any such appeal will be dealt with by the Refugee Appeals Tribunal. Based on the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate, a final decision on your applicaion for refugee status will be taken by the Minister.
WORKING DAYS
Reference to 'working days' means any day not being a Saturday, Sunday or public holiday.