Rights & Obligations

Every asylum seeker awaiting the outcome of an Application for Refugee Status has certain rights and obligations under Irish Law.

What are your Rights?

An Asylum Seekers Rights are as follows:

  1. Fair Hearing
    Not be removed from the State until he/she has been given an opportunity to present their case to the Refugee Applications Commissioner or the Refugee Appeals Tribunal, as appropriate.  Unless his/her case is to be dealt with in accordance with the Dublin II Regulation/Dublin Convention.
  1. Interpreter
    Every effort will be made to provide an interpreter, where necessary and possible.
  1. Legal Representation
    Each Asylum Seeker is entitled legal representation.  
  • The Refugee Legal Service is an independent body that provides legal assistance to individuals applying for a declaration as a refugee. Information on this service is provided on this website and an information leaflet on the Service is supplied with the initial application for asylum.
  • There are also several private practices which specialise in the area of Refugee Law and Naturalisation, a list of these firms is also available under the legal Services Section of this website (??)
  • Each Asylum Seeker is also entitled to consult with the United Nations High Commissioner for Refugees (UNHCR) who has offices in Dublin.
  1. The Reception and Integration
    The Reception and Integration Agency provides accommodation (on a full board basis) in accommodation centres while an application for asylum is being processed.  Welfare support and health care are also available to each asylum seeker.
  1. Confidentiality
    All details provided in connection with each application will be treated in complete confidence. Information may, however, be disclosed to other bodies that may be dealing with the applicant, such as Irish Government departments and agencies including the Immigration Authorities, An Garda Síochána, local authorities, as well as the UNHCR, to enable these organisations carry out their functions, including the administration of 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 II Regulation/Dublin Convention for the purpose of operating these arrangements.
  1. Communication and Correspondence
    All Applicants will be notified in writing at his/her most recent address of any appointments, recommendations made or decisions taken in connection with his/her application for a declaration as a refugee by the Refugee Applications Commissioner, the Refugee Appeals Tribunal and the Minister for Justice (as appropriate).

What are your Obligations?

An Asylum Seekers Obligations are as follows:

  1. The Law
    There is a strict obligation that every asylum seeker must comply with the laws of the Irish State.
  1. Change of Address
    You must notify, in writing, the Refugee Applications Commissioner of your address (within 5 working days of making your application) and any change of address. Failure to do so could result in you being found guilty of an offence under the Refugee Act 1996, as amended. Failure to do so could also result in you not receiving important notifications in relation to your applications and consequently failing to meet time limits for lodging documentation, appeals, and so on.
  1. Written Correspondence
    In all correspondence with the Refugee Applications Commissioner or the Refugee Appeals Tribunal must clearly indicate the name, address, nationality, and the reference number shown on the Applicants Temporary Residence Certificate.
  1. Remain within the State
    Asylum Seekers must not leave or attempt to leave the state without the consent of the Minister for Justice while their application is under consideration.
  1. Employment
    Applicants are not entitled to seek or enter employment, unless they have sought asylum in the state on or prior to 26 July 1999. Any applicants who sought asylum prior to this date and are still awaiting a decision, should contact the Office of the Refugee Applications Commissioner if they wish to enter employment. 
  1. Reporting to Immigration Officer
    Applicants may be required to report at specified intervals to an Immigration Officer, to person authorised by the Minister for Justice or to a member of the Garda Siochana (Irish Police).
  1. Accommodation
    Applicants are required to reside or remain at the accommodation centre allocated to by the Reception and Integration Agency. They can only move from this accommodation with the permission of the Reception and Integration Agency and only in circumstances where the Agency is in a position to offer alternative accommodation.
  1. Accurate Details & Information
    Applicants must be truthful at all times in the information provided in connection with your application. If it is found that an application is manifestly unfounded the applicant will have a shorter period within which to appeal and any appeal will be dealt with without an oral hearing.
  1. Co-Operation
    Asylum seekers must co-operate fully with the investigation of their application. Failure to do so could affect the credibility of the application or result in the application being deemed withdrawn.
  1. Providing all Relevant Information
    Applicants should make all information relevant to their application available to the Refugee Applications Commissioner.  An applicant seeking to bring forward additional information at appeal stage, will be required to explain why this information was not made available to the Refugee Applications Commissioner. The Refugee Appeals Tribunal will be required to take this into account in assessing the credibility of the application
  1. Information of Legal Representation
    Asylum Seekers are obliged to provide the Refugee Applications Commissioner or the Refugee Appeals Tribunal (as appropriate), with details of their solicitor and any change of solicitor (name, address, phone number etc.).
  1. Retain Documentation
    An Applicants solicitor must retain copies of all documentation provided by the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Only in exceptional circumstances will additional copies of the documents be made available.

Applications deemed to be withdrawn because of failure to comply with certain obligations

There are a number of circumstances in which failure to comply with statutory obligations may result in an application for refugee status being deemed withdrawn. In this case, the Minister for Justice shall refuse to give a declaration.

These are as follows:

  • Failure to provide an address to the Commissioner within 5 working days of the making of your application;
  • Failure to inform the Commissioner of a change of address;
  • Failure to report when required to do so;
  • Failure to reside or remain at a particular district or place in the State when required to do so;
  • Leaving or attempting to leave the State without the consent of the Minister for Justice;
  • Failure to co-operate with the Refugee Applications Commissioner or to furnish information relevant to your application;
  • Failure to attend for interview with the Commissioner;
  • Failure to cooperate with the Refugee Appeals Tribunal or to furnish information relevant to your appeal;
  • Failure to attend for an oral hearing with the Tribunal.

Where an application is deemed withdrawn, there is no appeal.

Where to Apply

Office of the Refugee Applications Commissioner

79-83 Lower Mount Street
Dublin 2
IRELAND

Opening Hours:
8:45-16:00 Mon-Fri

Tel: +353 (0)1 602 8000
Fax: +353 (0)1 602 8122

Website: http://www.orac.ie
Email: oracmail@orac.ie

United Nations High Commissioner for Refugees (UNHCR)

1-3 Lower Fitzwilliam Street
Dublin 2
IRELAND

Tel: +353 (0)1 631 4510
Fax: +353 (0)1 632 8676

Email: iredu@unhcr.org