ORAC (Processing of Asylum Claims)
Preliminary Interview
When an asylum claim is made, ORAC conducts a preliminary interview to establish the basis of the claim. The applicant makes a formal application in writing and is given a detailed questionnaire to complete and return within five working days. Children or dependents, under 18 years of age, may have their applications considered as part of their parents' or guardians' application.
Asylum seekers are photographed and those aged 14 or over are fingerprinted (Section 9A of the Refugee Act 1996). Each asylum seeker is issued with a Temporary Residence Certificate (TRC), valid while their asylum claim is being considered.
ORAC refers asylum-seekers to the Reception and Integration Agency (RIA) where arrangements are made for them to be taken to a Reception Centre for accommodation and where they are provided with other necessary services. Alternatively, applicants may make their own accommodation arrangements, but must notify ORAC of their current address at all times. RIA also coordinates the provision of certain services to asylum seekers and refugees.
- An applicant for asylum may not leave the State without the permission of the Minister and is also obliged to inform the Refugee Applications Commissioner of his or her address or change of address (Section 9 (4) of the Refugee Act 1996).
- An applicant cannot seek or enter employment or conduct a business or profession while his or her application is under consideration (Section 9 (4) of the Refugee Act 1996).
- An applicant has a duty to co-operate in the investigation of his or her application (Section 11C of the Refugee Act 1996).
Substantive Interview (Section 11 (2) of the Refugee Act 1996)
Once the questionnaire is returned, a substantive interview is scheduled with an experienced and trained caseworker in ORAC to investigate in detail the basis of the asylum claim. If required, an interpreter may be present and the applicant's legal representative may also attend as an observer.
Recommendation (Section 13 of the Refugee Act 1996)
Based on the findings of the preliminary interview, the completed questionnaire, credibility of the applicant, the substantive interview and any other relevant information, including country of origin information, the caseworker prepares a written report. The report includes a recommendation to the Minister for Justice and Equality to grant or refuse refugee status and the reasons for doing so. If the recommendation is negative, a copy of the report is sent to the applicant and his/her legal representative, if applicable.
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