legal and social conditions for asylum seekers and refugees in ...

1996 Refugee Act
According to Section 9 of the 1996 Refugee Act, which will replace the above-mentioned Section
5 of the Procedures for Processing Asylum Claims when implemented, an asylum seeker shall be
allowed to enter the country and to remain there until:
– his/her application is transferred to another country under the provisions of the Dublin
Convention;
– the application is withdrawn or deemed to be withdrawn; or
– the application is rejected.
The Dublin Convention
The Dublin Convention entered into force on 1 September 1997 following a Dublin Convention
(Implementation) Order 1997 issued pursuant to Section 22 (already implemented) of the 1996
Refugee Act. This Order sets out a detailed procedure for making decisions under the Dublin
Convention. According to this, decisions to process applications in Ireland or to transfer them to
another country are made by so-called “appointed officers”, i.e. officials appointed by the Minister
of Justice, Equality and Law Reform.
The appointed officers’ decisions to transfer applicants to another EU country may be appealed
with suspensive effect. Such appeal has to be lodged with the appeals officer within five working
days following the decision. Under Section 22(4)(b) of the 1996 Refugee Act, the appeals officer
is a solicitor or barrister of not less than seven years experience, who is appointed by the Minister
for Justice, Equality and Law Reform to decide on such appeals. There is no provision for an oral
hearing.
If the requested country refuses to take charge, the asylum seeker is automatically channelled
into the Irish refugee determination procedure and his/her application processed by the Irish
asylum authorities.
Entry into the territory/submission of the application
An alien wishing to apply for asylum in Ireland may lodge his/her application at the port of entry or
within the country. In-country applications can be submitted to any Garda (police) station or
directly at the Asylum Division of the Department of Justice, Equality and Law Reform in the
Refugee Application Centre in Dublin (for a description of the Refugee Application Centre, see
“Legal aid” below). In practice, most applicants choose the latter alternative, and those who apply
at a port of entry or a Garda station are referred to the Refugee Application Centre.
Once in the Refugee Application Centre, asylum seekers are required to complete a brief form
(ASY1 Form) giving personal details, nationality and travel route to Ireland. In addition, they are
given a detailed questionnaire, which is available in 22 languages affording most applicants the
opportunity to complete it in a language that they at least have a reasonable knowledge of.
However, there are no special provisions made for disabled, blind or illiterate applicants.
The questionnaire contains 84 questions covering personal information, information pertaining to
spouse, children, parents and siblings, education, employment, military service, travel details,
political involvement and reasons why the applicant is seeking asylum in Ireland. Applicants are
given a week to complete their questionnaire and during that time they may consult with the
Refugee Legal Service (see “Legal aid” below). On completion, applicants are given a card with
their picture, name, nationality and Department of Justice, Equality and Law Reform reference
number.
There is no preliminary interview at this early stage.
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