Links/Resources

Links to Local Resources

Useful Addresses for Asylum Seekers

  • United Nations High Commissioner
    27 Fitzwilliam St Upper
    Dublin 2
    Tel 632 86 75
    Fax 632 86 76
    E mail iredu@unhcr.ch
  • Irish Refugee Council
    88 Capel St
    Dublin 1
    Tel 8730042
    Fax 8730088
  • Association of Refugee and Asylum Seekers
    In Ireland
    North Circular Road
    Dublin 7
    Tel 838 11 42
  • Jesuit Refugee Service
    37 Lower Leeson St
    Dublin 2
    Tel 662 5977
  • Comhlamh
    10 Upper Camden ST
    Dublin2
    478 34 90
  • Vincentian Centre
    Phibsborough
    St Peters Church
    Dublin 7
    Tel 838 97 08
    Fax 838 99 50
    E mail vinphibs@iol.ie
  • Amnesty International
    48 Fleet St
    Dublin 2
    Tel 677 6361Fax  6776392

Refugees and Immigration in Ireland

Internationally, a Refugee is defined as being 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 their country of nationality and is unable or, owing to such fear, is unwilling or unable,  to avail of the protection of that country.

In Ireland the determination of refugee and immigrant status is twofold and is statutorily vested in the Office of the Refugee Applications Commissioner and on appeal The Refugee Appeals Tribunal.

Either of the above decisions can be reviewed by the courts but any review is confined to considering the process by which a decision is made rather than the decision itself and will examine whether any error in law has been made or whether certain fundamental principles have been breached.

The legislation governing refugee status is set out in the following Acts:

  1. The Refugee Act 1996 – (as amended by the following)
  2. The Immigration Act 1999
  3. The Illegal Immigrants (Trafficking) Act 2000
  4. The Immigration Act 2003

There are also International Treaties and Conventions applying to Refugees,  in particular the following:

  1. The 1951 Convention Relating to the Status of Refugees
  2. The 1967 Protocal Relating to the Status of Refugees
  3. Charter of Fundamental Rights of the European Union (2000)
  4. Universal Declaration on Human Rights (1948)
  5. European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
  6. United Nations Convention against Torture or Degrading Treatment or Punishment (1984)
  7. United Nations Convention on the Rights of the Child (1989)

Family Reunification – when can you apply:

  1. A refugee who is married can apply for his/her spouse if the marriage is subsisting on the date s/he applies.
  2. A refugee can apply for his/her children who are under 18 years and unmarried.
  3. A refugee, who is under 18 years, can apply for his/her parents.
  4. The Minister for Justice, Equality and Law Reform also has discretion to grant permission for other dependent family members, other than those listed above, to be reunified with a refugee in certain circumstances (grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee). In these cases, a refugee must show clear evidence of how each person is depending on him/her

Immigration Stamps

Here is an outline of the main immigration stamps as currently used by the immigration authorities »

Subsidiary Protection

A person who is declared to not be a refugee may apply for subsidiary protection to the Minister for Justice, Equality and Law Reform.  This category of international protection arises out of EU law (Directive 2004/83/EC of 29 April 2004) and is intended to be a residual category to encompass those persons who, while not considered refugees, are still deserving of international protection.

The Directive’s definition of a ‘person eligible for subsidiary protection’ is stated in Article 2(e) as:

“a third country national or stateless person who does not qualify as a refugee but,  in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country”

Serious harm,  as defined in Article 15,  includes death penalty/execution, torture, inhuman/degrading treatment or punishment of an applicant in the country of origin, or a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

Please note that you are not eligible for subsidiary protection if there is reason to believe that you:

  1. have committed a crime against peace, a war crime, or a crime against humanity;
  2. have committed a serious crime;
  3. have been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
  4. constitute a danger to the community or to the security of the State;
  5. have left your country of origin solely in order to avoid sanctions resulting from crimes committed prior to your entry into Ireland where such crimes would be punishable by imprisonment in Ireland.

Similarly, if you have instigated or otherwise participated in the commission of the acts mentioned above, you are not eligible for subsidiary protection.

An application for subsidiary protection to the Minister for Justice, Equality and Law Reform can only be made when your application for refugee status has been investigated and refused by the ORAC and RAT. If the Minister decides you are not a refugee, you will be sent a notice in writing stating that:

  1. your application for a declaration as a refugee has been refused;
  2. the period of your entitlement to remain in the State has expired;
  3. the Minister proposes to make a Deportation Order under section 3 of the Immigration Act 1999 requiring that you leave the State; and
  4. you have the option of making representations to the Minister within 15 working days setting out why you should be allowed remain in the State.

This notice will also contain an application form for subsidiary protection which you can then submit to the Minister for Justice, Equality and Law Reform if you believe you are indeed, eligible for such protection.

In the event that you receive a negative response from the Minister for Justice Equality and Law Reform, your file goes automatically to the Repatriation Division of the Department of Justice, Equality and Law Reform. A recommendation is then made to the Minister for Justice, on whether you should be deported.

A final refusal gives rise to the following Options:
1
2
3

Legal Advice
Legal Services in relation to the above are offered through:

Collins Crowley etc

If you feel you are entitled to Refugee Status or wish to appeal or review a decision, in relation to your status in this country, please complete Form A and email it to info@ccsolr.com