Ireland: Information on procedures to obtain refugee status and the rights and obligations of persons who obtain refugee status

Ireland is party to the 1951 Convention and the 1967 Protocol relating to the status of refugees. According to Asylum in Europe, Irish law does not provide for a formal procedure for the determination of refugee status; it is recognized practice, however, that persons falling within the purview of the 1951 Convention may apply for recognition of refugee status (1983, 207). All asylum-seekers are accorded temporary refuge under the care of the Irish Red Cross until the Irish government, in consultation with UNHCR (London), reviews their claim for status (World Refugee Report September 1991, 68).

Refugees legally entering or residing in Ireland may apply for refugee status to the local G rda or directly to the Department of Justice (Asylum In Europe 1983, 208). Asylum seekers arriving at the border without the prescribed entry clearance must immediately reveal their reasons for coming to Ireland to the immigration officer in order to be given leave to land. No alien who claims to be a refugee is refused leave to land by an immigration officer without express permission from the Department of Justice. The asylum seeker is interviewed by the G rda or by the official of the aliens office of the Department of Justice. There are no provisions for appeal, but an asylum seeker may seek a review of the decision from the Department of Justice (Ibid.).

A telephone interview with a consular officer of the Embassy of Ireland corroborated that the procedure applied to refugee status determination has remained unchanged since the publication of Asylum in Europe in 1983 and that it is still being carried out by the Department of Justice in consultation with UNHCR (9 Dec. 1992).

According to Asylum in Europe, there is no specific legislation with respect to the rights of refugees in Ireland, and the normal provisions for other resident aliens apply. In practice, "recognized refugees are protected by Article 32 [Expulsion] and 33 [Prohibition of expulsion or return ("refoulement")] of the 1951 Convention. . . ." De facto refugees enjoy the protection of the rule of non-refoulement (Ibid., 209).

"Recognized refugees ... [who are] permitted to stay in Ireland do not receive identity documents, but their travel documents are stamped to show that they are residing lawfully in the country. [They] receive Convention Travel Documents, which are valid for a two year period and are renewable" (Ibid.).

Refugees "enjoy the usual civil rights in accordance with Irish Law," but they "do not have voting and eligibility rights reserved to Irish citizens. They are allowed to engage in political activities in so far as this does not prejudice the foreign relations of Ireland" (Ibid., 210).

According to a Consular Officer of the Embassy of Ireland, refugee applicants are not permitted to seek employment before they are recognized as Convention refugees. Once they are Convention refugees they will automatically be granted permanent resident status and permission to engage in gainful employment (9 Dec. 1992).

Once granted permanent residence, refugees are eligible for the same entitlements as enjoyed by Irish citizens, including public housing, job training, education and social welfare benefits (World Refugee Report September 1990, 72).

Refugees are eligible for Irish citizenship after three years of residence (Ibid., 72). Further information on this subject is currently unavailable to the DIRB.

References

World Refugee Report [Washington]. September 1991. "Ireland."

World Refugee Report [Washington]. September 1990. "Ireland."

European Consultation on Refugees and Exiles. 1983. Asylum in Europe. 3rd ed.

Embassy of Ireland, Ottawa. December 9, 1992. Telephone Interview with Consular Officer.

Attachments

World Refugee Report [Washington]. September 1990. "Ireland," p.72.

World Refugee Report [Washington]. September 1991. "Ireland," p.72.