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Home > Asylum > Refugee Act, 1996

Refugee Act, 1996

The Refugee Act 1996 was the vehicle through which the 1951 UN Geneva Convention relating to the status of Refugees was incorporated into Irish Law. This Act was then subsequently amended by the Immigration Act 1999 and the Illegal Immigrants (Trafficking Act) 2000.

The 1996 Act was implemented on the 20th November 2000 and defines a Refugee as:

"a person who, owing to a well-founded fear of being persecuted for reason 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 a 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 habitual residence is unable or, owing to such a fear is unwilling to return to it, but does not include a person who -

1. is receiving from organs or agencies or the United Nations (other that the High Commissioner) protection or assistance,
2. is recognized by the competent authorities of the county in which he or she has taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country,
3. 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,
4. has committed a serious non-political crime outside the State prior to his or her arrival in the State, or
5. has been guilty of acts contrary to the purpose and principles of the United Nations”
   

The act also provided for the appointment of the Refugee Application Commissioner, the Refugee Appeals Tribunal (see Asylum Process above for examination of the RAC and the RAT) and is responsible for implementing the current application process along with the restrictions placed on refugees who have entered the asylum process in Ireland.

The Immigration Act 1999

The 1999 Act granted the Minster for Justice, Equality and Law Reform the power to Issue a Deportation Order to non-national living in Ireland and also granted the Garda National Immigration Bureau the power to detain an Asylum Seeker against whom a Deportation Order has been granted were he/she feels that there is a risk that the individual in question will not comply with the said Order.

The Illegal Immigrants (Trafficking) Act 2000

The 2000 Act introduced punitive sanctions for person who knowingly facilitate the entry into the state of persons who they have reasonable cause to believe are Illegal Immigrants or Asylum Seekers.

N.B: The Act also provides that any Asylum Seeker who wishes to Judicially Review any aspect of the Asylum process must do so within 14 days of a decision being made.

 

To Access the complete version of any of the above Acts please click on the relevant link below:

Refugee Act 1996
http://www.irishstatutebook.ie/1996/en/act/pub/0017/index.html

Immigration Act 1999
http://www.irishstatutebook.ie/1999/en/act/pub/0022/index.html

Illegal Immigrants (Trafficking) Act 2000
http://www.irishstatutebook.ie/2000/en/act/pub/0029/index.html