Asylum Policy Division

The information provided on Asylum is given for guidance purposes only. It does not purport to give a legal interpretation of the Refugee Act 1996 or any other legislation pertaining to asylum or immigration in Ireland.

Asylum in Ireland

The principal pieces of legislation governing the processing of applications for refugee status in Ireland are:

The principal purpose of the 1996 Act is to give statutory effect to the State's obligations under the 1951 Geneva Convention relating to the Status of Refugees and the related 1967 Protocol. A number of significant amendments to the Act were incorporated by the Immigration Act 1999, the Illegal Immigrants (Trafficking) Act 2000 and the Immigration Act, 2003.

 

The Minister for Justice and Equality has overall responsibility for the asylum area. Asylum matters are dealt with through the Asylum Policy Division of INIS and include:

  • Developing and implementing the Government's asylum policies (including the policy aspects of  legislation).
  • Contributing to the development of asylum policy at EU and international level.
  • Meeting the State's international obligations to refugees under the 1951 Geneva Convention and the 1967 Protocol.
  • Tackling abuses of the asylum process by persons seeking to enter the State for purposes other than seeking protection from persecution.
  • Ensuring the utilisation of public resources allocated to the asylum area in an effective and efficient manner.
  • Collecting and compiling asylum and immigration statistics to support policy-making and in compliance with EU Statistical Regulation (EC) No. 862/2007.

Refugee

The 1951 Convention relating to the Status of Refugees 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 or her nationality and is unable or, owing to such 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 former habitual residence, is unable or, owing to such fear, is unwilling to return to it."

The Refugee Act 1996  This document is a pdf (as amended) incorporated that definition into Irish Law.

An asylum seeker is a person who is awaiting a decision on an application for refugee status.

In Ireland, an asylum seeker cannot seek or enter employment, conduct a business or claim social welfare payments. Essential services, accommodation and medical care are provide by the State through direct provision. Minors are also entitled to primary and secondary education.

An asylum seeker may not leave the State without the consent of the Minister for Justice and Equality. Asylum seekers are expected to apply for asylum in the first safe country and to apply for asylum on arrival.

A person granted refugee status in Ireland is entitled to certain rights and benefits on the same general basis as Irish citizens.

Click here to return to main Asylum Policy web page.