Asylum Seeking Process
Definition of a Refugee
The main international body involved in refugee protection is the United Nations High Commission for Refugees (UNHCR).
The governing documents are:
- Convention on Human Rights
- Convention on Protection of Refugees
Other relevant conventions exist on racism, human rights, status of women and rights of the child.
UNHCR ‘ people of concern’ are:
- Internally Displaced People (IDP), people who are homeless but who are still in their country of origin
- Refugees, people who are homeless and not in their country of origin
- Returned refugees, people returning to their country of origin
The UNHCR defines a refugee as:
“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 the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it..”
The UNHCR Convention on the protection of Refugees in Ireland is implemented by the Illegal Immigrant (Trafficking) Act (2000), the Immigration Act (2003) and the International Protection Act (2015).
The UNHCR defines a refugee as:
- People who are outside their country of origin
- Unable to return due to a well founded fear of persecution
It is not possible to be granted refugee status in Ireland unless you meet these requirements. If you do not fully meet these requirements it may be possible to be granted subsidiary protection.
You must show that there is a real threat in the future to yourself, and that you cannot be protected elsewhere in your country. You must also show why Ireland should be responsible for your protection.
Important!
If you have left your country in order simply to find a job or a better life you cannot be classified as a refugee under international law.
Persecution may be on religious, social or ethnic grounds. It may be carried out by a government or government agency. If a person is being persecuted by a non-government agency, refugee status may be obtained if it can be shown that a government agency, such as the local police, has failed to protect them.
Refugee status and subsidiary protection
Refugee status is designed to protect people who are personally at a high risk to their life or safety if they were returned to their home country. An example is if you were a prominent political, labour or women’s rights activist and the state actively wished to kill or imprison you. Refugee status is a permanent offer; you will be allowed to remain in Ireland for good and become an Irish citizen.
Subsidiary protection is for people who are not personally at a high risk to their life, freedom or safety – or example, you are not personally sought by the police but the general conditions in your country, such as war or widespread civil unrest, make it unsafe to return there. Subsidiary protection is granted for a specific period of time, usually three years. If the situation in your home country improves in this period then the status may be revised.
Subsidiary protection does not allow for family reunification while refugee status does. Carefully consider whether this is an important issue to you.
Asylum Application Process
International Protection Process
In the first instance you make an application for refugee status, usually at the port of entry. You fill out a detailed application form giving a lot of background information.
There may be a brief interview to determine whether your application should be processed in the Republic of Ireland. See the section on Dublin III Convention in this document for more information on this process.
If you are unable to prove your identity you may be detained until this has been established. You and your under-age dependants will be fingerprinted at this stage.
You are then transferred to a direct provision centre for accommodation while your application is processed.
Credibility is vitally important when giving information. Be sure to give as full and truthful of a report as you can make. Ask for help from a New Horizon volunteer if you are having difficulties.
If you have direct family members that you wish to be reunited with when you get refugee status, list them all on your application form. It is important to include direct family members with whom you have temporarily lost contact; they might reappear in the future.
After some time, frequently some months, you will be called for an interview with the Refugee Applications Commissioner (RAC). It is very important to be prepared for this interview. See Preparing for the Asylum Interview for more information.
You then attend the asylum interview. See At the Asylum Interview for more information.
A decision on your asylum application will be made within a few months. You will be informed of the result at this stage.
If your application is successful, congratulations! For help in moving on from Direct Provision see Moving out of the Asylum Process.
If the response is negative you are entitled to appeal to the Refugee Appeals Tribunal. We strongly advise having a legal representative at the tribunal.
The Refugee Legal Service (RLS) is a law centre established by the Legal Aid Board to provide confidential and independent legal services to persons applying for asylum in Ireland. Legal aid and advice is also provided, in appropriate cases, on immigration and deportation matters.
Refugee Legal Services provides a confidential service to all persons who contact it. See http://www.legalaidboard.ie/en/our-services/legal-aid-services/services-for-asylum-seekers/
Obligations on Asylum Seekers
There are some obligations that asylum seekers must comply with:
- You must not leave or attempt to leave the State without the consent of the Minister for Justice while your application is under consideration.
- Asylum seekers are allowed to access the labour market – that is, look for a job – if you meet these requirements:
- You have been waiting at least eight months for your first instance recommendation; and
- You are cooperating with the international protection process
- This will allow you to access employment and self-employment. The permission will last six months. You can renew the permission if you have not received a final decision on your international protection application within that six months. A final decision means when you have completed all appeals procedures, including judicial review proceedings.
- You may be required to report at specified intervals to an Immigration Officer, to a person authorised by the Minister or to a member of the Garda Síochána (Irish Police).
- You are required to reside or remain at the accommodation centre allocated to you by the International Protection Accommodation Service (IPAS).
- You can only move from this accommodation with the permission of the IPAS and only in circumstances where the IPAS is in a position to offer you alternative accommodation.
- You must be truthful at all times in the information you provide in connection with your application. If you are not, it may lead to a finding that your application is manifestly unfounded. In such circumstances, you would have a shorter period within which to appeal and any appeal you might make would be dealt with without an oral hearing.
- You must co-operate fully with the investigation of your application. Failure to do so could affect the credibility of your application or result in your application being deemed withdrawn.
- You should make all information relevant to your application available to the Refugee Applications Commissioner. If you do not do so and seek to bring forward additional information at appeal stage, you 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 your application
Try few True and False obligation questions to test yourself
Dublin Regulation
What is the Dublin Regulation?
The Dublin Regulation is an agreement between western European countries on who should be responsible for processing an asylum application.
The Dublin procedure is used to decide which European Member State is responsible for examining an asylum application. In general the principle is that your asylum application will be processed by the first country that they can prove you entered.
How is the Dublin Regulation applied?
If you have given fingerprints in another member state they are stored in the EURODAC computer system. If you subsequently apply in Ireland your fingerprints will be taken and compared with those in the EURODAC system.
If a match is found you will be removed to this country and your asylum application will happen there. You have no choice about this. Some member states use force to get fingerprints. Other sources of evidence can also be used to prove you came though another member state (for example if you tell them).
Any details you give in interviews about your journey will decide if the Dublin Regulation will be used. If you flew directly into Ireland or can prove you came overland without stopping and were unaware you were crossing other member states (for example inside a closed truck), you should not be transferred.
You may be interviewed in person in order to find out which member state is responsible for processing your asylum application. If the Department of Justice decides that your asylum application should be processed in another member state, it requests a transfer. If the second state agrees to take you, you will be informed by letter and the transfer will take place.
How do transfers work?
Dublin Regulation transfers between Ireland and the UK happen on a regular basis, transfers to other member states are much rarer.
Example: If you apply for asylum in Ireland but say during your interview that you spent three weeks in Spain; you may be transferred to Spain under the Dublin Regulation and have to ask for asylum there.
If you tell the authorities that you wish to join your husband, wife or child (children under 18 years can also join siblings), who is an asylum seeker or a refugee in another member state, you may be transferred under the Dublin Regulation. This clause is applied very inconsistently between different states.
When the transfer notice has become final, the member states agree on the conditions of the transfer. The entire Dublin procedure cannot last longer than 11 months. (except when a person flees or if the person is imprisoned). If you have lived for at least 5 months in a member state, this country is responsible for your application.
Can I challenge a Dublin Regulation ruling?
Challenging Dublin Regulation cases is very hard, but there are some legal processes against deporting to some other EU countries. If you have been fingerprinted before coming to Ireland, it is very important to ask for advice before you claim asylum.
You might be able to challenge a ruling if:
- The transfer would involve a ECHR Article 3 breach and would lead to inhuman and degrading treatment (this is currently the case for Greece and there are ongoing challenges for other countries in EU).
- If you have family in Ireland
- If Ireland wants to send you to an EU country that is likely to return you to a country that Ireland does not deport people to
- If you have been a victim of torture or you have a serious medical condition, you should not be detained. These are not reasons against a Dublin removal but can give you more time to get advice.
All countries in blue are Dublin Regulation member states.
Those in green and red have also agreed to apply Dublin Regulation provisions.
