Refugees' and Migrants' Rights

Asylum seekers face increasing problems when they come to Ireland.

Amnesty Submits its Proposals for an Immigration and Residence Bill

Amnesty International has submitted its views to the Irish Government's 2005 public consultation process on proposals for an Immigration and Residence Bill, highlighting
that the human rights of migrants must be fully respected in this legislation.

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Definition

Who is a refugee?
Under the Refugee Convention, a refugee is a person, who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership of a particular social group, 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.

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Detention Of Asylum Seekers In Ireland

At present, there are a number of grounds upon which an asylum seeker can be detained under Irish law. An asylum seeker may be detained upon arrival, during the asylum process or pending deportation.

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Family Reunification

A person who has been granted refugee status may apply for his or her family to join them in Ireland.

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Frequently Asked Questions (FAQ)

Some of the more frequently asked questions about refugees

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How Asylum Claims Are Dealt With In Ireland

Most asylum seekers travel independently to Ireland to seek protection. Asylum seekers may travel with legal documents, such as a tourist or work visa. Alternatively, they may travel with false documentation or none at all. Article 31 of the Refugee Convention takes into account the particular situation of persons who are forced to flee their countries for reasons related to persecution and who therefore may not be in a position to seek the necessary documentation from their own government or an embassy by prohibiting states from sanctioning such people.

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Irish Citizen Children

The situation relating to children born in Ireland, according to Article 2 of the Irish Constitution is clear: every person born in Ireland is an Irish citizen.

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Laws Relating to Refugees in Ireland

The following is a list of laws regarding refugees and asylum seekers in Ireland and where available, their respective links:

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Legal Aid

The Refugee Legal Service (RLS) was established in February 1999 to provide confidential and independent legal services to asylum seekers. It operates at all stages of the asylum procedure up to and including deportation.

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Readmission Agreements

Governments use readmission agreements to facilitate and expedite the deportation of non-nationals to countries with which the government holds such an agreement. Readmission agreements are a common feature between states, and Romania has concluded a number of such agreements with other European countries.

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Refugees in Ireland January 2003

Not only do asylum seekers face increasing bureaucratic hurdles imposed by the government but they also face hostility from the public and sometimes the Garda Síochána.

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The Case For Complementary Protection

The very low figure of nine per cent of asylum seekers are granted refugee status in Ireland. A person qualifies for refugee status where he or she can show a well-founded fear of persecution in his or her country of origin on the grounds of "race, religion, nationality, membership of a particular social group or political opinion". This definition was formulated in 1951 when the UN Refugee Convention was signed. It was intended to cover largely political reasons for flight after World War II but, since then, modern migration trends have highlighted many more complex factors leading to the abandonment of one's homeland.

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Welfare Entitlements

In April 2000, two new systems of welfare provision were introduced for asylum seekers: Dispersal and Direct Provisions. The new systems are coordinated by the Reception and Integration Agency (RIA). RIA is a cross departmental, multidisciplinary organization, with staff from the Department of Justice, Equality and Law Reform; Departments of Environment and Local Government; Social and Family Affairs; Education and Science; Health and Children; The Eastern Regional Health Authority; Dublin Corporation; Defence Forces and The Irish Red Cross). RIA has two principal functions. Firstly, it is charged with arranging accommodation and related health and welfare facilities under the system of direct provision for newly arriving asylum seekers. The RIA is also responsible for coordinating the implementation of integration policies for refugees and is responsible for the operation of this system.

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