Institutional Framework

The Office of the Refugee Applications Commissioner (ORAC) is the first-instance decision making body in the Irish asylum system. This statutory independent office was established under the Refugee Act 1996  (as amended) and investigates each asylum application with a view to making a recommendation to the Minister for Justice and Equality on whether refugee status should be granted or refused.

The Commissioner is also responsible for investigating applications and making recommendations to allow family members of declared refugees to enter and reside in the State.

The Refugee Appeals Tribunal (RAT) was established under the Refugee Act 1996  (as amended).  The RAT decides appeals by asylum seekers whose applications receive negative recommendations from the Refugee Applications Commissioner.

The Tribunal is a statutory independent body and exercises a quasi-judicial function under the 1996 Refugee Act. The Tribunal consists of a Chairperson and such number of ordinary members of the Tribunal as the Minister for Justice and Equality, with the consent of the Minister for Finance, considers necessary.

Under current arrangements, the Irish Naturalisation and Immigration Service (INIS) processes applications for subsidiary protection and submissions for permission to remain in the State.

Other Agencies

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers through the Government policy of Direct Provision while their applications for asylum are being processed. The Direct Provision system provides asylum seekers with full board accommodation, free of utility or other costs.

RIA is also responsible for supporting the repatriation of nationals of the new EU Member States who fail the Habitual Residency Conditions attaching to Social Assistance Payments Schemes administered by the Department of Social Protection.

The Garda National Immigration Bureau (GNIB) is responsible for the enforcement of immigration policies, including the enforcement of Deportation Orders (The  Immigration Act 1999) and Dublin II Transfer Orders (Section 22 of the Refugee Act 1996)  .

The Refugee Legal Service (RLS) is an office 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. An asylum seeker may register with the RLS at any stage of the asylum process.

Click here to return to main Asylum Policy web page.