What You Need to Know

Process

The asylum process is Ireland can be divided into 3 categories: -

  1. Refugee Status
  2. Humanitarian Leave to Remain
  3. Subsidiary Protection

An asylum seeker should make an application at the frontiers of the country, immediately on arrival,  or as soon as possible afterwards. Once such an application is made, the applicant will be granted leave to enter and remain in the State until there is a final determination. However,  an asylum seeker is not entitled to work while his/her application is pending.

The person should present themselves as soon as possible,  or at the first opportunity,  to the Office of the Refugee Applications Commissioner (ORAC) at 79/83 Lower Mount Street,  Dublin 2,  or to any authorised Immigration Officer at the port of entry or elsewhere. The ORAC is independent in the exercise of all its functions under the Refugee Act.

Refugee Status

In order to be granted Refugee Status in Ireland, the applicant must prove that s/he comes within the definition of a refugee as set out in the 1952 UN Convention as follows: -

“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 their nationality, and  is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country or who, not having a nationality and being outside the country of his/her formal habitual residence as a result of such events,  is unable or owing to such fear,  is unwilling to return to it”

Accordingly, an applicant must prove to the satisfaction of the investigating officer that his/her personal circumstances come within the said definition.

Refugee Applications Commissioner

An application is processed and investigated at first instance at the Office of the Refugee Applications Commissioner. An authorised officer interviews the applicant and investigates the background to the application. He or she then makes a recommendation to the Minister either that the applicant should, or should not be, granted refugee status

You are entitled to legal advice and to have a legal advisor at the hearing although the advisor may not intervene. It may take a period of three months or more for the interview to take place, from the time of application,  but the current waiting time is decreasing.
All documentation supporting your identity and your claim should be brought with you to the interview.

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 will be deemed to have been withdrawn.

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 Refugees Appeals Tribunal. However, there is no right of appeal against a recommendation where an application has been deemed to have been withdrawn.

Refugee Appeals Tribunal

If a negative recommendation issues from the Refugee Applications Commissioner then the applicant has an option to appeal the decision to the Refugee Appeals Tribunal (RAT). There are two different types of appeal at the RAT stage.

 (i)         Form 1 – Oral Appeal

If the ORAC issue you with a negative recommendation but find that your application is not manifestly unfounded or is not without 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.

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.

  (ii)      Form 2 – Paper Appeal

However,  if the ORAC deem that your application is 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 10 days (working days)  after the negative decision has been issued.

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 limits ones’ chances of success.

If the RAT upholds the decision of the Refugee Applications Commissioner then this is the end of the Refugee Application and the Minister will issue a three option letter to the Applicant. The options are as follows:

  1. The Applicant may leave the country voluntarily before a Deportation Order issues against him/her
  2. The Applicant may consent to a Deportation Order
  3. The Applicant may apply for Subsidiary Protection and or make representations to temporarily remain in the State.

The Applicant must make such representations within 15 working days from the date that the decision of the Refugee Appeals Tribunal was issued.

Subsidiary Protection

A person who is declared not to 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”

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.

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.

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. 

Please note that you should make an application for subsidiary protection before or at the same time as you make representations under section 3 of the Immigration Act 1999. In the event that you do not do so you must apply to the Minister for permission to make such an application

Humanitarian Leave to Remain

If an applicant has received negative recommendations from the ORAC and the RAT, they may also apply to the Minister for Justice, Equality and Law Reform for leave to remain on humanitarian grounds as well as applying for subsidiary protection. 

When preparing this application, reference should be made to the factors that the Minister for Justice, Equality and Law Reform must consider before deciding to deport someone. These are listed in Section 3 (6) of the Immigration Act 1999 and are:

  1. the age of the person;
  2. the duration of residence in the State of the person;
  3. the family and domestic circumstances of the person;
  4. the nature of the persons’ connection with the State, if any;
  5. the employment (including self-employment) record of the person;
  6. the employment (including self-employment) prospects of the person;
  7. the character and conduct of the person both within and (where relevant and ascertainable) outside the State(including any criminal convictions);
  8. humanitarian considerations;
  9. any representations duly made by or on behalf of the person;
  10. the common good and
  11. considerations of national security

Such an application is a much more broad/general application and is often seen as a “last resort” because, if a negative decision arises from such an application, then a deportation order will almost inevitably issue.

Useful Contact Information

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

 

Refugee Legal Service,
Timberlay House,
79/83 Lower Mount Street,
Dublin 2.
Freephone: 1800229222   Phone: 01-6310800   Fax: 01-6615011

 

Office of the Refugee Applications Commissioner,
79-83 Lower Mount Street,  
Dublin 2,
Ireland.
Tel 01-602800    Fax 01-6028122
Homepage:            http://www.orac.ie
Email:               oracmail@orac.ie