Rights & Obligations of Asylum Seekers in Ireland
The Irish Citizens Information Board's website contains an excellent summary of rights and obligations related to asylum seekers in Ireland. Click here to access it.
Stages of the Immigration Bill as it goes through Dáil Éireann (Irish Parliament)
The Immigration Bill 2008 will come into law in the summer. The major changes in the bill appear to relate to marriage and deportation.
A Public Talk on the proposed legislation, organised by Integrating Ireland, will take place at 6.45pm on Thursday February 21st in the Harbour Hotel, Docks Road, Galway City.
This is the link to get a full copy of the bill: http://www.oireachtas.ie/documents/bills28/bills/2008/0208/B0208D.pdfThe Immigration Bill 2008 will need to go through the stages below before it is passed – you can follow these documents as they are released by the Dail on http://www.oireachtas.ie/viewdoc.asp?DocID=8701&&CatID=59
The stages of a bill initiated in Dáil Eireann can be found at: https://86.43.111.143/Exchange/info/Drafts/FW:%20Immigration,%20Residence%20and%20Protection%20Bill.%20Released.EML/1_text.htm#_ftn1
Stage: First stage Formal introduction of bill
Matters decided: securing agreement that the bill proceed to second stage. Virtually all bills (government bills, and private members’ bills introduced by a ‘group’ of at least seven deputies), can be presented to the house without needing this formal agreement, and enter the process at the second stage.
Second stage: Debate on the broad principle of the bill
Matters decided: The details of the bill are not discussed at this stage, and the substance of the bill cannot be amended. The vote taken after the second stage debate (assuming there is one — a significant number of bills are passed by agreement of the house, without the need for a vote) determines whether the bill is allowed to proceed to almost certain acceptance or is rejected.
Stage: Third stage Committee stage
Matters decided: The bill is examined in detail by a committee (in the past, almost invariably, the ‘committee’ consisted of the whole Dáil; since 1997, specialist fourteen-member committees have undertaken this task). The bill is discussed section by section. Amendments may be proposed, provided they do not conflict with the principle of the bill, since this was approved by the house at the second stage.
Stage: Fourth stage Report stage
Matters decided: Usually a formal tidying up of amendments made at third stage. New amendments may be proposed provided that they are not substantively the same as amendments rejected at the third stage.
Stage: Fifth stage- the final and formal passing of the bill
Matters decided: Speeches at this stage tend to be shorter and usually same versions of those on the second stage. The bill now goes to the Seanad for discussion.
Stage: Final stages
Matters decided: When it returns from the Seanad the Dáil discusses the changes, if any, proposed by the Seanad. If it accepts them, the bill is sent to the President, for signing into law or, in the President’s discretion, for referral to the Supreme Court for a verdict on its constitutionality. If the Dáil does not accept the Seanad’s suggested amendments, it sends the bill back to the Seanad for reconsideration. The Seanad may fall into line with the wishes of the Dáil or it may reaffirm its amendments, in which case it can delay but not veto the passage of the bill.
Note: Bills can also be initiated in the Seanad. In this case they then go to the Dáil after being passed, but, in the event of the Dáil deciding to make amendments, they are treated as if they had been initiated in the Dáil (Article 20.2.2) of the constitution).
For further information, contact Adenike Ololabi
Administrator nike@ris.ie
Refugee Information Service,
18, Dame Street,
Dublin 2
Tel:(01) 6453070
Direct Line; (01) 6453080 Fax (01) 6770061
Web:www.ris.ie e-mail:info@ris.ie
A Public Talk on the proposed legislation, organised by Integrating Ireland, will take place at 6.45pm on Thursday February 21st in the Harbour Hotel, Docks Road, Galway City.
This is the link to get a full copy of the bill: http://www.oireachtas.ie/documents/bills28/bills/2008/0208/B0208D.pdfThe Immigration Bill 2008 will need to go through the stages below before it is passed – you can follow these documents as they are released by the Dail on http://www.oireachtas.ie/viewdoc.asp?DocID=8701&&CatID=59
The stages of a bill initiated in Dáil Eireann can be found at: https://86.43.111.143/Exchange/info/Drafts/FW:%20Immigration,%20Residence%20and%20Protection%20Bill.%20Released.EML/1_text.htm#_ftn1
Stage: First stage Formal introduction of bill
Matters decided: securing agreement that the bill proceed to second stage. Virtually all bills (government bills, and private members’ bills introduced by a ‘group’ of at least seven deputies), can be presented to the house without needing this formal agreement, and enter the process at the second stage.
Second stage: Debate on the broad principle of the bill
Matters decided: The details of the bill are not discussed at this stage, and the substance of the bill cannot be amended. The vote taken after the second stage debate (assuming there is one — a significant number of bills are passed by agreement of the house, without the need for a vote) determines whether the bill is allowed to proceed to almost certain acceptance or is rejected.
Stage: Third stage Committee stage
Matters decided: The bill is examined in detail by a committee (in the past, almost invariably, the ‘committee’ consisted of the whole Dáil; since 1997, specialist fourteen-member committees have undertaken this task). The bill is discussed section by section. Amendments may be proposed, provided they do not conflict with the principle of the bill, since this was approved by the house at the second stage.
Stage: Fourth stage Report stage
Matters decided: Usually a formal tidying up of amendments made at third stage. New amendments may be proposed provided that they are not substantively the same as amendments rejected at the third stage.
Stage: Fifth stage- the final and formal passing of the bill
Matters decided: Speeches at this stage tend to be shorter and usually same versions of those on the second stage. The bill now goes to the Seanad for discussion.
Stage: Final stages
Matters decided: When it returns from the Seanad the Dáil discusses the changes, if any, proposed by the Seanad. If it accepts them, the bill is sent to the President, for signing into law or, in the President’s discretion, for referral to the Supreme Court for a verdict on its constitutionality. If the Dáil does not accept the Seanad’s suggested amendments, it sends the bill back to the Seanad for reconsideration. The Seanad may fall into line with the wishes of the Dáil or it may reaffirm its amendments, in which case it can delay but not veto the passage of the bill.
Note: Bills can also be initiated in the Seanad. In this case they then go to the Dáil after being passed, but, in the event of the Dáil deciding to make amendments, they are treated as if they had been initiated in the Dáil (Article 20.2.2) of the constitution).
For further information, contact Adenike Ololabi
Administrator nike@ris.ie
Refugee Information Service,
18, Dame Street,
Dublin 2
Tel:(01) 6453070
Direct Line; (01) 6453080 Fax (01) 6770061
Web:www.ris.ie e-mail:info@ris.ie
Eligibility for Protection Regulations signed into law
The Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell T.D., has today signed into law the European Communities (Eligibility for Protection) Regulations, 2006.
The Regulations give full effect in Irish law to the provisions of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. The Directive is commonly referred to as the 'Asylum Qualification Directive' and is required to be transposed into national law by 10 October 2006.
The main provisions of the Directive have already been incorporated into the recently published Scheme for the Immigration, Residence and Protection Bill which is currently being drafted. The Regulations signed today are required under EU law as an interim measure in order to give full effect to the provisions of the Directive by the transposition deadline. The Regulations are operative from 10 October 2006 and do not operate retrospectively.
The Regulations set out elements to be considered when determining applications for refugee status and subsidiary protection.
Refugee Status
The Regulations will be applied by the refugee determination agencies (Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT)) for the purposes of determining eligibility of non- EU nationals for refugee status in the State.
The refugee determination process which currently operates within the framework of the Refugee Act, 1996 already meets the requirements of the Directive and the Regulations. Nothing in the Regulations adds to or takes from the functions of the ORAC or the RAT in determining whether a person is a refugee or affects the substance of their considerations of applications for refugee status.
Subsidiary Protection
Subsidiary protections claims will be considered by the Department of Justice, Equality and Law Reform after an application for refugee status is determined.
An unsuccessful asylum applicant when informed that his or her application for refugee status has been refused will be afforded an opportunity to apply to the Minister for Justice, Equality and Law Reform for permission to remain in the State on the grounds that he or she is eligible for subsidiary protection. In general terms, such protection can be available to a person who does not qualify as a refugee but who, if returned to his or her country of origin, would face a real risk of suffering serious harm as defined for the purpose of the Directive.
Such matters are already determined by the Department under domestic and international legal obligations as part of the current leave to remain process.
The Regulations and the accompanying Information Note for the guidance of applicants can be accessed in full on the Department's website at www.justice.ie.
10 October 2006
NOTE FOR EDITORS
A copy of the Information Note on the Regulations is appended.
Information Note for applicants
This note is for information and guidance only. It does not purport to give a legal interpretation of the Regulations
European Communities (Eligibility for Protection) Regulations 2006.
1. Introduction.
The purpose of this note is to inform you about the regulations which the Minister for Justice, Equality and Law Reform has made. This note should be read in addition to the Information Leaflet for Applicants for Refugee Status in Ireland and updates Chapter 9 of that leaflet as to what happens if the Minister refuses to give you a declaration as a refugee.
2. Purpose of Regulations
The Regulations give effect in Irish law to Council Directive 2004/83/EC of 29 April 2004 and set out the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection. The Regulations are operative from 10 October 2006. The Regulations do not operate retrospectively.
3. What do the regulations cover?
3.1 The Regulations set out elements to be considered when determining applications for protection (including refugee status and subsidiary protection). These include:
(a) assessment of facts and circumstances of the application
(b) protection needs arising sur place
(c) internal protection
(d) acts of persecution
(e) reasons for persecution.
3.2 The Regulations also provide for a system of subsidiary protection in the State and set out the entitlements of persons granted such protection.
3.3 Nothing in these Regulations adds to, or takes from, the functions of the Refugee Applications Commissioner or the Refugee Appeals Tribunal in determining whether a person is a refugee or affects the substance of the consideration by these bodies of applications for refugee status.
4. Do the Regulations affect the way applications for refugee status are investigated and determined?
The Regulations do not affect the way applications for refugee status are investigated and determined. The formal refugee determination processes currently operated by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal meet the requirements of the Council Directive and the Regulations.
5. What is subsidiary protection?
5.1 Subsidiary protection is protection other than refugee status against a real risk of suffering "serious harm" which consists of:
(a) death penalty or execution; or
(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or
(c) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
5.2 If you qualify for subsidiary protection you will be allowed to stay in the State and you will qualify for certain rights and entitlements. These rights and entitlements are set out in the Regulations.
6. How do I know whether I am eligible for subsidiary protection?
6.1 You are eligible for subsidiary protection if you satisfy the following three conditions:
(a) you are not a national of a Member State of the European Union,
(b) you have been refused a declaration as a refugee in Ireland, and
(c) substantial grounds have been shown for believing that, if returned to your country of origin, or country of former habitual residence, you would face a real risk of suffering serious harm and you are unable, or, owing to such risk, unwilling to avail yourself of the protection of that country.
6.2 You are not eligible for subsidiary protection if there are serious reasons for considering that you- :
(a) have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) have committed a serious crime;
(c) have been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
(d) constitute a danger to the community or to the security of the State; or
(e) have left your country of origin solely in order to avoid sanctions resulting from crimes committed prior to your entry into the State where such crimes would be punishable by imprisonment had they been committed in the State.
If you have instigated or otherwise participated in the commission of the acts mentioned in 6.2 above, you are not eligible for subsidiary protection.
7. At what stage in the process can I make an application for subsidiary protection?
7.1 You can only make an application for subsidiary protection to the Minister for Justice, Equality and Law Reform when your application for refugee status has been investigated and refused; the application must be in writing. If the Minister decides not to give you a declaration as a refugee, you will be sent a notice in writing stating that:
(a) your application for a declaration as a refugee has been refused;
(b) the period of your entitlement to remain in the State has expired;
(c) the Minister proposes to make a deportation order under section 3 of the Immigration Act 1999 requiring that you leave the State; and
(d) you have the option of making representations to the Minister within 15 working days setting out why you should be allowed remain in the State.
7.2 The notice will also contain an application form for subsidiary protection. If you consider that you may be eligible for subsidiary protection, you should complete and return the form to the Minister for Justice, Equality and Law Reform.
7.3 Your application for subsidiary protection will be considered by the Irish Naturalisation and Immigration Service of the Department of Justice, Equality and Law Reform.
7.4 The regulations can be accessed in full on the Department of Justice, Equality and Law Reform website at http://www.justice.ie
The Tanaiste and Minister for Justice, Equality and Law Reform, Michael McDowell T.D., has today signed into law the European Communities (Eligibility for Protection) Regulations, 2006.
The Regulations give full effect in Irish law to the provisions of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. The Directive is commonly referred to as the 'Asylum Qualification Directive' and is required to be transposed into national law by 10 October 2006.
The main provisions of the Directive have already been incorporated into the recently published Scheme for the Immigration, Residence and Protection Bill which is currently being drafted. The Regulations signed today are required under EU law as an interim measure in order to give full effect to the provisions of the Directive by the transposition deadline. The Regulations are operative from 10 October 2006 and do not operate retrospectively.
The Regulations set out elements to be considered when determining applications for refugee status and subsidiary protection.
Refugee Status
The Regulations will be applied by the refugee determination agencies (Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT)) for the purposes of determining eligibility of non- EU nationals for refugee status in the State.
The refugee determination process which currently operates within the framework of the Refugee Act, 1996 already meets the requirements of the Directive and the Regulations. Nothing in the Regulations adds to or takes from the functions of the ORAC or the RAT in determining whether a person is a refugee or affects the substance of their considerations of applications for refugee status.
Subsidiary Protection
Subsidiary protections claims will be considered by the Department of Justice, Equality and Law Reform after an application for refugee status is determined.
An unsuccessful asylum applicant when informed that his or her application for refugee status has been refused will be afforded an opportunity to apply to the Minister for Justice, Equality and Law Reform for permission to remain in the State on the grounds that he or she is eligible for subsidiary protection. In general terms, such protection can be available to a person who does not qualify as a refugee but who, if returned to his or her country of origin, would face a real risk of suffering serious harm as defined for the purpose of the Directive.
Such matters are already determined by the Department under domestic and international legal obligations as part of the current leave to remain process.
The Regulations and the accompanying Information Note for the guidance of applicants can be accessed in full on the Department's website at www.justice.ie.
10 October 2006
NOTE FOR EDITORS
A copy of the Information Note on the Regulations is appended.
Information Note for applicants
This note is for information and guidance only. It does not purport to give a legal interpretation of the Regulations
European Communities (Eligibility for Protection) Regulations 2006.
1. Introduction.
The purpose of this note is to inform you about the regulations which the Minister for Justice, Equality and Law Reform has made. This note should be read in addition to the Information Leaflet for Applicants for Refugee Status in Ireland and updates Chapter 9 of that leaflet as to what happens if the Minister refuses to give you a declaration as a refugee.
2. Purpose of Regulations
The Regulations give effect in Irish law to Council Directive 2004/83/EC of 29 April 2004 and set out the minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection. The Regulations are operative from 10 October 2006. The Regulations do not operate retrospectively.
3. What do the regulations cover?
3.1 The Regulations set out elements to be considered when determining applications for protection (including refugee status and subsidiary protection). These include:
(a) assessment of facts and circumstances of the application
(b) protection needs arising sur place
(c) internal protection
(d) acts of persecution
(e) reasons for persecution.
3.2 The Regulations also provide for a system of subsidiary protection in the State and set out the entitlements of persons granted such protection.
3.3 Nothing in these Regulations adds to, or takes from, the functions of the Refugee Applications Commissioner or the Refugee Appeals Tribunal in determining whether a person is a refugee or affects the substance of the consideration by these bodies of applications for refugee status.
4. Do the Regulations affect the way applications for refugee status are investigated and determined?
The Regulations do not affect the way applications for refugee status are investigated and determined. The formal refugee determination processes currently operated by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal meet the requirements of the Council Directive and the Regulations.
5. What is subsidiary protection?
5.1 Subsidiary protection is protection other than refugee status against a real risk of suffering "serious harm" which consists of:
(a) death penalty or execution; or
(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or
(c) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
5.2 If you qualify for subsidiary protection you will be allowed to stay in the State and you will qualify for certain rights and entitlements. These rights and entitlements are set out in the Regulations.
6. How do I know whether I am eligible for subsidiary protection?
6.1 You are eligible for subsidiary protection if you satisfy the following three conditions:
(a) you are not a national of a Member State of the European Union,
(b) you have been refused a declaration as a refugee in Ireland, and
(c) substantial grounds have been shown for believing that, if returned to your country of origin, or country of former habitual residence, you would face a real risk of suffering serious harm and you are unable, or, owing to such risk, unwilling to avail yourself of the protection of that country.
6.2 You are not eligible for subsidiary protection if there are serious reasons for considering that you- :
(a) have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) have committed a serious crime;
(c) have been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations;
(d) constitute a danger to the community or to the security of the State; or
(e) have left your country of origin solely in order to avoid sanctions resulting from crimes committed prior to your entry into the State where such crimes would be punishable by imprisonment had they been committed in the State.
If you have instigated or otherwise participated in the commission of the acts mentioned in 6.2 above, you are not eligible for subsidiary protection.
7. At what stage in the process can I make an application for subsidiary protection?
7.1 You can only make an application for subsidiary protection to the Minister for Justice, Equality and Law Reform when your application for refugee status has been investigated and refused; the application must be in writing. If the Minister decides not to give you a declaration as a refugee, you will be sent a notice in writing stating that:
(a) your application for a declaration as a refugee has been refused;
(b) the period of your entitlement to remain in the State has expired;
(c) the Minister proposes to make a deportation order under section 3 of the Immigration Act 1999 requiring that you leave the State; and
(d) you have the option of making representations to the Minister within 15 working days setting out why you should be allowed remain in the State.
7.2 The notice will also contain an application form for subsidiary protection. If you consider that you may be eligible for subsidiary protection, you should complete and return the form to the Minister for Justice, Equality and Law Reform.
7.3 Your application for subsidiary protection will be considered by the Irish Naturalisation and Immigration Service of the Department of Justice, Equality and Law Reform.
7.4 The regulations can be accessed in full on the Department of Justice, Equality and Law Reform website at http://www.justice.ie
Irish Government Organizations
Office of the Refugee Applications Commissioner
79-83 Lower Mount St, Dublin 2
Tel: 01 6028000 Fax: 01 602 8122
Email: oracmail.ie
Opening Hours: 08.45 to 16.00 Mon - Fri
Refugee Appeals Tribunal,
6/7 Hanover Street, Timberlay House,
Dublin 2.
Tel: 01 4748400.
E-mail: info@refappeal.ie
Reception and Integration Agency,
Block C, Ardilaun Centre,
112 - 114 St. Stephen’s Green, Dublin 2.
Tel: +353 1 4183200 Fax: +353 1 4183271
Email: RIA_Inbox@justice.ie
Web www.ria.gov.ie
Visa Office, Department of Foreign Affairs
13/ 14 Burgh Quay, Dublin 2.
Tel: 01 6167700
Web: www.foreignaffairs.gov.ie
Opening Hours Mon-Fri 2.30-4.00 pm
Department of Justice Equality and Law Reform
13/ 14 Burgh Quay, Dublin 2
Tel: 01 6167700
Web: www.justice.ie
International Organisation for Migration (IOM)
7 Hill Street, Dublin 1.
Tel: 01 8787900
E-mail: info@iomdublin.org
Web : www.iomdublin.org
Voluntary assisted return and reintergration programmes offering asylum seekers and migrants help and advice to return home
Office of the Refugee Applications Commissioner
79-83 Lower Mount St, Dublin 2
Tel: 01 6028000 Fax: 01 602 8122
Email: oracmail.ie
Opening Hours: 08.45 to 16.00 Mon - Fri
Refugee Appeals Tribunal,
6/7 Hanover Street, Timberlay House,
Dublin 2.
Tel: 01 4748400.
E-mail: info@refappeal.ie
Reception and Integration Agency,
Block C, Ardilaun Centre,
112 - 114 St. Stephen’s Green, Dublin 2.
Tel: +353 1 4183200 Fax: +353 1 4183271
Email: RIA_Inbox@justice.ie
Web www.ria.gov.ie
Visa Office, Department of Foreign Affairs
13/ 14 Burgh Quay, Dublin 2.
Tel: 01 6167700
Web: www.foreignaffairs.gov.ie
Opening Hours Mon-Fri 2.30-4.00 pm
Department of Justice Equality and Law Reform
13/ 14 Burgh Quay, Dublin 2
Tel: 01 6167700
Web: www.justice.ie
International Organisation for Migration (IOM)
7 Hill Street, Dublin 1.
Tel: 01 8787900
E-mail: info@iomdublin.org
Web : www.iomdublin.org
Voluntary assisted return and reintergration programmes offering asylum seekers and migrants help and advice to return home
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