Ireland has its own specific conditions and procedures for asylum, based on national and international laws. Ireland accepts asylum seekers from unsafe countries, such as Afghanistan, as refugees.
Since Ireland recognizes the 1951 Geneva Convention, it grants asylum under specific conditions to those who immediately declare themselves as asylum seekers upon arrival in the country.
Following the fall of the Afghan government, Ireland announced that it would provide special asylum conditions for vulnerable Afghans, including the elderly, women, girls, and children. Generally, to apply for asylum in Ireland, you need to be within the country and present the required documents. In Ireland, the International Protection Office (IPO) is responsible for processing your asylum application.
Summary of the Asylum Process
Seeking asylum involves a series of steps, and navigating this process can take time due to potential delays and additional requirements. The six key stages in the asylum process in Ireland are:
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Register as an Asylum Seeker: Begin by formally registering your intention to seek asylum with the relevant authorities.
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Preliminary Interview: Attend an initial interview where basic information about your claim and personal details will be gathered.
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Complete the Questionnaire: Fill out a detailed questionnaire that explores the reasons for your asylum claim.
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Personal Interview or Follow-up Interview: Participate in a more in-depth personal interview where your asylum claim will be examined further.
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Receive Recommendation from IPO: Await a recommendation from the International Protection Office (IPO) based on the information provided.
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Decision on Asylum Application: Receive a final decision regarding your asylum application, which will determine your eligibility for international protection.
Throughout this process, you will be allowed to stay in Ireland while your application is being assessed by the IPO.
Asylum Conditions in Ireland
Conditions Under International Protection Law
In Ireland, the term "asylum seeker" usually refers to individuals who may have various legal and status-related distinctions, and thus different rights and obligations. All these individuals are connected to the international protection process defined under Irish law and the Geneva Convention. The International Protection Act 2015 which came into effect on December 31, 2017, provides a single application process for international protection. According to this law, individuals who meet the following criteria are eligible for international protection:
- They are a refugee or related by blood or marriage to someone who has applied for asylum; or
- They qualify for subsidiary protection or are related by blood or marriage to someone who has applied for subsidiary protection.
Conditions Under the Geneva Convention
An asylum seeker is someone who seeks refugee status under the 1951 Geneva Convention relating to the Status of Refugees, as defined in Section 2 of the International Protection Act 2015. The new international protection law provides a definition of "applicant" but still uses the term "asylum seeker". According to Section 2 of the Act, a refugee is someone who has been persecuted or has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, has left their country of nationality, and cannot or does not wish to return to their country due to such fears, or is a stateless person who has left their former country of residence for similar reasons.
The Geneva Convention defines the conditions required for refugee status, and asylum seekers are often invited by the Irish government to apply for protection or resettlement in response to humanitarian needs, usually following recommendations from the UNHCR.
According to Section 49 of the International Protection Act 2015, if an applicant has neither applied for asylum nor subsidiary protection, the government may decide to allow them to remain in Ireland, considering their family circumstances and other factors such as humanitarian considerations.
Who Can Apply for International Protection?
You can apply for international protection in Ireland for two separate reasons:
- You have a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion and cannot seek protection from your country of origin; this is known as asylum.
- You cannot return to your country because you face serious harm but do not qualify for asylum; this is known as subsidiary protection.
Asylum Procedures
Typically, there are six steps involved in applying for international protection. Completing these steps may take a significant amount of time due to possible delays and unforeseen circumstances. The six stages of asylum in Ireland are as follows:
Step 1: Registration as an Asylum Seeker
Individuals entering Ireland with the intention of seeking asylum must apply as soon as possible. Those who enter illegally must surrender to border police, who will then refer them to the International Protection Office (IPO) for formal registration.
Application Deadline
Asylum seekers must submit their application as soon as they arrive in Ireland, ideally within 5 working days of entry. If applying at a port of entry, they must also submit a formal application at the IPO office.
Subsidiary Protection Application
At the time of applying for asylum, individuals may also apply for subsidiary protection. This is crucial because if their asylum application is rejected, their subsidiary protection application will be considered.
Minors
It's important to note that individuals under 18 must inform the police or immigration officers at the border upon arrival in Ireland. If this is not done, it should be reported to the IPO as soon as possible. Minors traveling alone must also inform the relevant officers.
Spouses and Children of Asylum Seekers
If you are seeking asylum in Ireland and have a spouse and children, whether with you or in another country, make sure to mention this information during the initial registration with IPO. Ensure that your family members are included in your application.
Step 2: Preliminary Interview
To formally process your asylum application, you must visit the IPO, where an officer will conduct a preliminary interview. This interview aims to gather comprehensive information to complete your asylum application.
Collecting Required Information
During this interview, the following information will be collected:
- Your identity
- Your country of origin
- Your journey to Ireland
- Reasons why you cannot return to your country of origin
- Any previous travel or migration history to Ireland
A translator will be provided if needed. The preliminary interview is intended to confirm your status as an asylum seeker and gather detailed information about your case.
Photographs and Fingerprints
The IPO will take your photograph and fingerprints, which will be shared with EURODAC, a European fingerprint database for asylum seekers.
Decision on Preliminary Interview
Based on the reasons, documents, and evidence provided, the officer will decide whether to accept your application. If the IPO decides to reject your application, they will provide reasons. Given the humanitarian situation in Afghanistan, many Afghan asylum seekers who meet the criteria are likely to have their applications accepted.
Dublin Regulation
If you have previously applied for asylum in another EU country, the IPO may decide to transfer you to that country under the Dublin Regulation. You can appeal this decision if you believe you should not be transferred.
Step 3: Completing the Questionnaire
After the preliminary interview, the IPO will provide you with a more detailed questionnaire. Ensure you complete all questions as thoroughly as possible.
Submission of the Questionnaire
You can submit this questionnaire by post, in person, or by email. The questionnaire is available in multiple languages.
If you need assistance with completing the questionnaire, seek legal advice or consult a legal aid organization. You can also request free legal assistance from Legal Aid Board.
Temporary Accommodation
After the interview and questionnaire, you will receive a Temporary Registration Certificate (TRC) allowing you to stay in Ireland temporarily. If needed, the Reception and Integration Agency (RIA) will arrange accommodation for you in a reception center.
Work Authorization
You are not allowed to work or start a business while your application is being processed. If the IPO does not decide within 5 months, you may apply for work permission.
Step 4: Personal Interview or Second Interview
The personal interview, also known as the substantive interview or second interview, is a critical part of the asylum process. You will be interviewed by an immigration officer or caseworker from the IPO.
Preparation for the Interview
It is advised to seek legal advice before the interview. The interview will cover:
- How you left your country of origin
- Your reasons and fears about returning to your country
Ensure that you review and confirm the accuracy of the information recorded during the interview. Provide any additional details if necessary.
Required Documents
Prepare the following documents to support your application:
- Travel documents, such as airline tickets
- Valid passport
- Identity card
- Birth certificates, including those for children
- Marriage certificate, if applicable
- Educational certificates
- Any other relevant documents
Remember, you may be asked for these documents at various stages of your asylum process.
Consequences of Non-Cooperation
Please note that if you do not attend the scheduled interview, fail to provide the required information within 3 working days, or do not cooperate with the IPO in reviewing your asylum application, your application may be rejected and not accepted.
Waiting Time for the Interview
You might have to wait for some time before being called for your personal interview. In some cases, your application can be prioritized, meaning you do not have to wait long for your interview. Your case can be prioritized if:
- You are under 18 years old or were under 18 at the time of application;
- You do not have an accompanying adult;
- You are over 70 years old and not a family member;
- You have submitted a report, such as a medical-legal report, confirming that you have been tortured or mistreated in your country. Your legal aid lawyer can arrange for a medical doctor to provide a medical report if necessary;
- You are Afghan due to the dire humanitarian situation in Afghanistan. However, citizens from Syria, Eritrea, Iraq, Iran, and Libya also benefit from this priority;
- You have a severe or life-threatening health condition.
The date, time, and location of the interview will be communicated to you in writing.
Arranging Accommodations for the Interview
Before your interview, you can arrange accommodations to facilitate a good interview experience:
- Request a translator: This is often helpful even if you speak English well, as it can be harder to communicate in English if you are uncomfortable or anxious. A translator can assist you.
- Request to be interviewed by a male or female officer: You need to explain why you prefer a male or female interviewer.
- Seek legal advice: You might need to discuss things that are distressing for you or your family. If you have a lawyer, they cannot answer questions on your behalf.
- If you cannot attend the interview: If you cannot attend the scheduled interview date, you should inform the IPO as soon as possible after receiving the interview date. You should also explain why you cannot attend and provide evidence for this reason; for example, if you have health issues, you should send a letter from your doctor as proof to the IPO.
Step 5: Receiving Recommendations from IPO
IPO will provide the necessary information when considering recommendations regarding your case. After your second interview, IPO will send recommendations on whether the documents provided by you are accepted or not for decision-making. Your asylum application should be processed within 6 months. However, if your application is successfully accepted, the relevant authority will declare that you are eligible for refugee status.
IPO might take a long time to review your application. During the waiting period for a decision on your application, you can study your rights.
IPO sends its recommendation to you and the Ministry of Justice’s Decision Unit. One of the following recommendations will be made:
- That you should be granted refugee status;
- That you should not be granted refugee status, but should receive subsidiary protection;
- That neither refugee status nor subsidiary protection is granted, but you are given temporary residence permission;
- That neither refugee status nor subsidiary protection is granted, and you are not given permission to stay.
You can appeal a decision to refuse refugee status or subsidiary protection to the International Protection Appeals Tribunal (IPAT). To file an appeal, click here.
Step 6: Decision on the Asylum Application
IPO’s recommendation is sent to the Ministerial Decisions Unit (MDU) of the Ministry of Justice.
If IPO recommends that you should be granted refugee status or subsidiary protection, you will need to wait for the MDU to make a decision. Usually, MDU follows IPO’s recommendations, but sometimes MDU may conduct additional reviews, which might delay the decision on your asylum application.
If IPO does not recommend granting you refugee status or subsidiary protection and you did not appeal or your appeal was unsuccessful, MDU will decide if there are other grounds for granting you residence in Ireland. For comprehensive information on what happens if your application for international protection is unsuccessful, you can read more here.
If MDU informs you that you are granted refugee status or subsidiary protection, or given "permission to reside," you must register with the local immigration office near your residence.
MDU interviews are usually conducted in person, but due to the COVID-19 pandemic, your interview may be conducted via video conference.
If the documents provided are accepted, the officers and judge will rule in favor of your application. Processing your asylum application may take weeks or months. However, during this time, you will be provided with asylum seeker rights, including a safe place to stay and other basic services.
Rights of Asylum Seekers
The entitlements for someone granted asylum or protection in Ireland include:
- Accommodation for those granted asylum or subsidiary protection or allowed to stay in Ireland;
- Health services and social welfare for individuals with asylum or subsidiary protection status or permitted to remain in Ireland;
- Education for individuals with asylum or subsidiary protection status or permitted to stay;
- Family reunification for asylum seekers granted asylum or subsidiary protection;
- Travel documents for individuals with asylum or subsidiary protection status;
- Weekly personal allowance of €1910 for adult asylum seekers; and
- Weekly child allowance of €1560 as of January 7, 2016.
Assistance and Advice
You can review the entire asylum process in Ireland on the Citizens Information website. For more information, you can visit the International Protection Office (IPO).
The asylum application process in Ireland is complex, and having a good lawyer who understands the asylum system increases the likelihood of a successful application. It is advisable to consult with lawyers or relevant organizations before applying for asylum.
Additionally, according to official Irish government information, organizations that can help you are listed below:
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Irish Refugee Council
- 37 Killarney Street
- Mountjoy
- Dublin 1
- Ireland
- Tel: (01) 764 5854
- Fax: (01) 672 5927
- Email: info@irishrefugeecouncil.ie
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Nasc Migrant and Refugee Rights
- 34 Paul Street
- Cork
- T12 W14H
- Tel: 021 427 3594
- Email: reception@nascireland.org
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Immigrant Council of Ireland
- 2 St Andrew Street
- Dublin 2
- Ireland
- Opening Hours: Information and Referral Service: Mon, Tues, Thurs, Fri 10am - 1pm
- Tel: +353 (0)1 674 0200
- Fax: +353 (0)1 645 8059
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United Nations High Commissioner for Refugees (UNHCR)
- 102 Pembroke Road
- Dublin 4
- Ireland
- Tel: +353 (0)1 631 4510
- Email: ireduprt@unhcr.org
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Smithfield Law Centre
- 48-49 North Brunswick Street
- Georges Lane
- Dublin
- D07 PEOC
- Ireland
- Tel: +353 1 646 9600
- Fax: +353 1 671 0200
- Email: lawcentresmithfield@legalaidboard.ie
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Cork North Law Centre
- North Quay House
- Popes Quay
- Cork
- T23 HV26
- Ireland
- Tel: 1800 202420
- Fax: +353 21 455 7622
- Email: lawcentrecorknorth@legalaidboard.ie
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Galway Law Centre
- Seville House
- New Dock Road
- Galway
- H91 CKVO
- Ireland
- Tel: 1800 502400
- Fax: +353 (0)91 562599
- Email: rlsgalway@legalaidboard.ie
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International Protection Office
- Irish Naturalisation and Immigration Service
- 79-83 Lower Mount Street
- Dublin
- D02 ND99
- Ireland
- Opening Hours: Mon-Fri 9.30am-1pm, 2-4.30pm
- Tel: +353 1 602 8000
- Fax: +353 1 602 8122
- Email: info@ipo.gov.ie
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International Protection Appeals Tribunal
- 6-7 Hanover St East
- Dublin 2
- D02 W320
- Ireland
- Tel: +353 1 474 8400
- Locall: 1800 201 458
- Email: info@protectionappeals.ie
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For more information
For more information on immigration, resettlement, education and scholarship programs, and other opportunities available to Afghans worldwide, as well as details on the humanitarian services provided by international organizations in Afghanistan and procedures for obtaining civil documents from governmental institutions, please visit Beporsed's website and social media pages.
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