• Coming to Ireland for Asylum
• The Asylum Process
• Initial Entry into the State
• Making an Application
• Office of the Refugee Applications Commissioner (ORAC)
• Positive Recommendation
• Judicial Review
• Negative Recommendation
• Refugee Appeals Tribunal (RAT)
• Ministerial Decisions
• Humanitarian Leave to Remain
• Subsidiary Protection
• Processing
• What You Need to Know
• Reception & Dispersal
• Medical Services & Entitlement
• The Refugee Legal Service
• FAQs
• Refugee Act, 1996
• Rights & Obligations
• Links/Resources

Home > Asylum > Coming to Ireland for Asylum

Coming to Ireland for Asylum

Initial Entry into the State

It is important to state that an application for Asylum can be made either at the frontiers of the State or by a person who is already in the State,  whether lawfully or unlawfully.

After a person presents themselves at the Irish border or to an Immigration Officer and declares that he/she wishes to make an application for asylum,  an interview is carried out by an Immigration Officer. This is a short interview and is merely concerned with compiling the basic details of the applicant. It is important to state that this interview is not conducted for the purposes of investigating the application.

You will be required to fill in an application form for declaration as a refugee. You must also bear in mind that if you have any children and they are accompanying you, you must also fill out a separate application form for them. If you fail to do so,  your children’s application will be processed as part of your application and this will limit your options and their options,  in the event of a negative recommendation.

Once you make an application for refugee status you are entitled to remain and reside in the state until you either withdraw your application or the Minister refuses it.

N.B. you are not entitled to leave the state without the Minister’s permission and you can not enter employment or carry on a business while your application is being processed. If you fail to comply with these conditions your application will be terminated.

Office of the Refugee Applications Commissioner

Applications for asylum in Ireland are made to the ORAC and once you have made an application you will be issued with a temporary residence certificate.

The ORAC will issue you with an information pack after you make an application for asylum.

The ORAC will then interview you. At this stage you are entitled to submit any documentation or make any representations to the ORAC that you feel are relevant to your application and it is important to note that an applicant may be called in for more than one interview.

During the course of the interview, the ORAC Investigating Officer will usually rely on country of origin information,  and such information will be included in his final report.

It is important to stress that an applicant has to be proactive in the asylum process and if you fail to attend your interview,  and fail to give a reasonable explanation for your non attendance within three working days,  your application is deemed to have been withdrawn.

Also,  you are obliged to co-operate with the ORAC at all time throughout the process and failure to do so may result in the termination or deemed withdrawal of the application. An example of non-compliance is failing to inform the ORAC of any changes in your address during the process.

The ORAC will then send you a letter containing a report,  advising you of their decision. It is important to note that a very small percentage of applicants receive a positive recommendation at the ORAC stage and,  if you fail,  you will be issued with a letter advising you of your right to appeal to the Refugee Appeals Tribunal.

NB: There is no right of appeal against a recommendation where an application has been deemed to have been withdrawn.

Refugees Appeal Tribunal

There are two different types of appeal at the RAT stage.

Form 1 – Oral Appeal

If the ORAC issue you with a negative recommendation but find that your application is not manifestly unfounded or without any merit,  then you will be granted an Oral Hearing at the RAT stage. Such an appeal must be made within 15 days after the negative recommendation has been issued.

At this hearing the Tribunal will comprise of a Presenting Officer who is a representative of the ORAC, a Tribunal member and a Chairperson. An interpreter will be supplied if so required.

It is important to stress that if you fail to attend your Oral Hearing and do not give an adequate reason as to why,  within 3 working days,  then this will result in a deemed withdrawal of your appeal.

Form 2 – Paper Appeal

However,  if the ORAC deem that your application is completely unfounded and without any merit then your appeal will be limited to a paper-only appeal and you will not be afforded the privilege of an Oral Hearing. Such an appeal must be made within working 10 days after the negative decision has been issued.

The ORAC must furnish the RAT with all information and documentation it took into consideration in coming to its decision. This includes all country of origin information it had at it’s disposal.

It is common practice and highly recommended for applicants to seek legal assistance at the RAT stage as the process is extremely complicated and failure to do so would limit one’s chances of success. We,  at Green Card Visa,  retain one of the countries most experienced Law Firms to guide us through these waters to insure that all our clients are supplied with the best possible service.