Applying for asylum in Ireland

 STEP 1: Application to Office of the Refugee Applications Commissioner (ORAC)

  • The applicant for refugee status is given a long questionnaire to complete within a maximum of 2 weeks (which they can do in their own language). He or she can only apply for asylum at this stage, not any form of subsidiary protection.  He or she is entitled to legal aid from the Refugee Legal Service but in practice this is limited to information about completing the questionnaire.
  • The applicant is interviewed by an ORAC caseworker. Although, he or she is entitled to have a legal representative present this rarely happens.  The interview is conducted in the applicant’s first language if there is an interpreter available.
  • The questions and answers are read back to the applicant intermittently during the interview but a copy of the interview record is not released to the applicant until the appeal stage.
  • Median time = 6 – 7 weeks for prioritised applications or 9 weeks for non-prioritised applications)

FACT: In 2010, only 1.1% of applicants were granted refugee status by ORAC.

 

STEP 2: Appeal to Refugee Appeals Tribunal (RAT)

  • Depending on the recommendation in the ORAC report the applicant has either 4, 10 or 15 days to lodge an appeal.
  • Hearings take place behind closed doors and decisions are not published.
  • Median times = 33 weeks for substantive appeals (cases involving an oral hearing) OR 9 weeks for accelerated appeals (appeals on the papers)

FACT: In 2010, the RAT affirmed 94% of substantive decisions of ORAC and 99% of decisions subject to the accelerated procedure

 

STEP 3: Challenge to the decision by way of Judicial Review (JR)

  • The only way to challenge a negative RAT decision is by way of an application for Judicial Review in the High Court.
  • If the applicant is successful, the original decision of the ORAC/RAT is quashed and the case is returned.
  • Times = pre-leave hearing (leave to apply for JR) 27 months, full hearing 4 months

 

STEP 4: Deportation notice

Upon a negative RAT decision, or after an unsuccessful JR,  the Minister then gives the applicant a notice of proposal to deport. This gives the applicant three options:

  1. Leave the State before the Minister makes a deportation order
  2. Consent to a deportation order
  3. Apply for subsidiary protection and/or make representations for leave to remain in the state

 

STEP 5: Application for subsidiary protection

  • If subsidiary protection is granted, an applicant is permitted to stay in the State and qualifies for certain rights and entitlements. These rights and entitlements are set out in the Regulations
  • Median time = 2 years

FACT: Only 2 people were granted subsidiary protection in 2010. 40 people have been granted subsidiary protection since 2006 (Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report  Universal Periodic Review).