Difference between an asylum seeker and a refugee Expand Is there a difference between an international protection applicant and a refugee? Yes. An asylum seeker is a person who has made an application to be a refugee. An ‘international protection applicant’ is a different term but refers to the same situation. The Irish Refugee Council generally uses the phrase ‘person seeking protection’ or ‘international protection applicant’ when speaking to a wider audience that may not be familiar with these terms we use the phrase asylum seeker. An applicant can only become a refugee after the authorities have given a positive decision on their application. People in this process are to stay in the state until their application for protection is decided.
Who can apply for Family Reunification? Expand Recipients of Refugee Status or Subsidiary Protection are entitled to bring certain family members to live with them in Ireland. An adult recipient of Refugee Status or Subsidiary Protection can apply to have their spouse, and any unmarried children under 18 join them in Ireland. A minor recipient of Refugee Status or Subsidiary Protection can apply to bring their parents and any siblings who are under 18 and unmarried.
Direct Provision Expand The system for accommodating people in the asylum process in Ireland. People are accommodated in communal accommodation centres which are run on a for-profit basis by private contractors. The centres provide food, board and for people’s basic needs. In addition to bed and board people receive a weekly cash allowance of €38.80 per adult and €29.80 per child and a medical card. While in this process people are not entitled to usual social welfare payments, although they may apply for an exceptional needs payment from the local Community Welfare Officer. The weekly allowances and exceptional payments are awarded on a discretionary basis by the Department of Social Protection.
Which family members can come to Ireland? Expand Spouse or Civil Partner (where relationship subsists at time of protection application) Minor child (under 18, who is unmarried) Parents and siblings (under 18) of unaccompanied minor (Section 56[9] IPA) Dependents (i.e. grandparents, sibling, 18+ children are not included)
Dublin III Expand The Dublin III Regulation (Regulation (EU) No. 604/2013) establishes a system for determining and identifying the Member State in Europe responsible for the examination of an individual’s asylum application. It sets out a hierarchy of criteria for determining the responsible Member State including factors such as: the presence of family members in particular States the issuing of visas and residence documents and the travel route of a person into Europe For more information on the impact of the Dublin III Regulation read the Dublin Transnational Network Project ‘Dublin II Regulation: Lives on Hold ‘ report Download Report ECRE Publications: The Dublin system in 2017: Overview of developments from selected European countries The Road Out of Dublin: Reform of the Dublin Regulation Beyond Solidarity: Rights and Reform of Dublin
Emergency Reception and Orientation Centres Expand Centres that have been established to accommodate people arriving to Ireland under the EU Relocation and Resettlement Schemes. The centres provide food, board and for the basic needs of the people residing there as well as providing an initial orientation programme operated by the Office for the Promotion of Migrant Integration.
What is the time limit for applying for Family Reunification? Expand Refugees and people with subsidiary protection have 12 months after receiving their international protection declaration letter to apply for Family Reunification. Resettled refugees have 12 months from their date of arrival in Ireland to apply (Section 56[8] IPA)
Dublin III Expand The Dublin III Regulation (Regulation (EU) No. 604/2013) establishes a system for determining and identifying the Member State in Europe responsible for the examination of an individual’s asylum application. It sets out a hierarchy of criteria for determining the responsible Member State including factors such as: the presence of family members in particular States the issuing of visas and residence documents and the travel route of a person into Europe For more information on the impact of the Dublin III Regulation read the Dublin Transnational Network Project ‘Dublin II Regulation: Lives on Hold ‘ report Download Report ECRE Publications: The Dublin system in 2017: Overview of developments from selected European countries The Road Out of Dublin: Reform of the Dublin Regulation Beyond Solidarity: Rights and Reform of Dublin
EU Relocation Programme Expand This is a scheme whereby EU members states, including Ireland, were asked to demonstrate solidarity with Greece and Italy by agreeing to relocate a number of people from camps in Greece and Italy to have their applications for asylum processed in their country.
Why would an application be refused or revoked? Expand The Minister may refuse or revoke family reunification for a number of reasons, such as: where family members fall outside of the eligible family members of the IPA, where the time limit has expired, where marriage/partnership ceases; in the interests of national security; where someone gives false or misleading documentation or information. (Section 56[7] IPA).
EU Resettlement Programme Expand This is a scheme whereby EU members states were asked to commit to offer resettlement to their country for programme refugees from places like the Lebanon and Jordan. The people brought to Ireland under this scheme are already recognised as refugees and have been processed by UNHCR before their arrival. Ireland has a long history of accepting resettled refugees under Resettlement Programmes.
What is the application process? Expand An initial letter must be sent to INIS FR Section requesting an application questionnaire. The Irish Refugee Council drop-in centre may assist people to write and send this letter. The letter must contain the applicant’s ID number; the full name, relationship, date of birth and address of the family member/s. Applicants should include a copy of their protection declaration letter. A questionnaire will be sent to the applicant within a few weeks. Any change of address should be relayed to the FR section immediately to ensure that the applicant receives the questionnaire. The questionnaire should be returned within indicated time frame (usually 28 days). All relevant documentation must also be attached. The documents must be originals – no copies will be accepted. More time to return questionnaire may be requested if the applicant cannot submit within 28 days. The applicant will receive a decision in writing. The decision will be: a grant of Family Reunification for all family members, a grant for some family members but refusal of others, or a refusal of all family members. If successful: If family members do not have a travel document, it is recommended that they begin process of obtaining one as soon as possible – ideally even before the FR application process begins in Ireland. The family member must apply for an Irish visa. The minister may indicate a time limit for entry of the family member. UNHCR, IOM and the Irish Red Cross operate a travel assistance scheme which may provide financial support to family members for entry to Ireland once FR has been granted. If unsuccessful: There is no appeal mechanism for negative decisions. A person may write a letter to the minister to review the decision and/or exercise his discretion in exceptional circumstances. Make a fresh application if circumstances have changed (deadline still stands) Initiate judicial review proceedings, which requires a lawyer and may be expensive and very protracted.
Family Reunification Expand People with refugee status or subsidiary protection have the right to apply for certain family members to join them in Ireland. Read more about family reunification.
More Information Expand Download our Information Note on IHAP Visa applications can be made at Irish consulates in the family member’s country of residence – see www.dfa.ie for list of consulates and see www.inis.gov.ie for general information on visa application process. Announcement Dept of Justice November 2017
International Protection Appeals Tribunal (formerly the Refugee Appeals Tribunal) Expand The Tribunal decides appeals of people whose application for international protection status has not been granted by the International Protection Office. The Tribunal also determines appeals under the Dublin System Regulations.
International Protection Office (formerly the Office of the Refugee Applications Commissioner – ORAC) Expand The International Protection Office (IPO) is the office responsible for processing and deciding applications for international protection under the International Protection Act 2015. It also considers, as part of a single procedure process, whether applicants should be given permission to remain.
Where do refugees come from? Expand Refugees come from many places across the world. Sometimes the persecution they flee is well known and recognised, for example the war in Syria and Afghanistan. There is often a misunderstanding that refugees are only born of war and conflict. In reality, others, their plight is not so widely known, or the persecution they face is more personal – e.g. sexuality or gender. The reality is there are many reasons why a person may become a refugee.
Why People Seek Protection Expand There is often a misunderstanding that refugees are only born of war and conflict. Sometimes the persecution they flee is well known and recognised, for example, the war in Ukraine, Syria, and Afghanistan. In reality, others, their plight is not so widely known, or the persecution they face is more personal – e.g. sexuality or gender. The reality is there are many reasons why a person may become a refugee. A refugee is anyone who cannot return to their country for fear of persecution for one of the following five reasons: Race – including ethnicity Religion – in some countries having no religion is viewed as badly as being of the ‘wrong’ religion Nationality Membership of a particular social group – this can include things like membership of a trade union, your gender (i.e. male or female), your sexual orientation Political opinion – this does not simply mean that you have to be a member of a political party, but if you have any political opinions, or even if people think you do. Refugees are entitled to be protected against forcible return to their countries of origin.
Separated Children / Unaccompanied Children Expand Children under 18 years of age, who are outside their country of origin, and separated from both parents and their previous/legal customary primary caregiver. Young people who fall into this category are under the care of the Health Service Executive (Tusla) in Ireland. All children that have been given refugee status are entitled to the same rights as Irish children including the same access to education. Children who are waiting for a decision on their protection application can attend primary and secondary school, but they are not entitled to free fees for college and must pay non-EU fees which they usually cannot afford. Remember, people seeking protection receive only €29.80 for children and €38.80 for adults. This must cover any additional expenses a person may have. It would take a long time to save enough for college fees. When an unaccompanied child turns 18 and their application for protection is still pending they are moved from the care of the state into the Direct Provision system and become known as an “aged out minor”. Visit our policy page on Children and Young People to read more.
Do people seeking protection receive social welfare? Expand An a protection applicant is not entitled to social welfare support. They are subject to a means test and if they cannot live independently, they receive payment referred to as the Daily Expenses Allowance (DEA). An adult DEA in the asylum process gets €38.80 per week; a child gets €29.90. I.e., €5.54 per day for an adult and €4.27 for a child. These rates were last changed in 2018. A person can have their DEA reduced if they have caused the delay in consideration of their application, failed to comply with a requirement on them, breached the house rules or engaged in violent behaviour. They can also be required to contribute to the ‘rent’ if they are working. Child asylum seekers do not receive child benefit. They can apply for an exceptional needs payment for items like clothes. They can receive Back to Education Clothing and Footwear Allowance. A person can apply for permission to work if they have not had a decision within six months of making their application. Work permits are issued for a twelve-month period and must be renewed at intervals.
Different Types of Statuses Expand After applying for international protection, people can receive any of the following: Refugee Status is granted when an international protection applicant receives a positive decision based on the Refugee Convention definition of a refugee. However, there are other people who receive refugee status before coming to Ireland. They are known as resettled refugees or programme refugees and would have been processed by UNHCR from places like Lebanon and Jordan. Along with many other countries in the world, Ireland has a long history of accepting resettled refugees under Resettlement Programmes. Subsidiary Protection is granted when a person applies for international protection and their reasons for seeking protection do not meet the criteria of a refugee as defined in the Refugee Convention, but there are grounds for believing that they would face a real risk of suffering serious harm if returned to their country of origin. Permission to remain is another status granted to protection applicants in Ireland who fall out of the criteria for refugee status or subsidiary protection but cannot be returned for humanitarian or other compelling grounds. This may include medical grounds, family connections in Ireland, length of time, work, and education in Ireland. This is at the discretion of the Minister for Justice. People with permission to remain can live and work in the country, but cannot apply for family reunification. Temporary Protection is another type recently used by European states to provide protection to Ukrainians after Russia invaded Ukraine. NB: The conditions attached to each status can vary considerably.
Can people in the international protection process work? Expand An international protection applicant can apply for permission to access the labour market six months after the date of application. Work permits are issued on a 12-month period and must be renewed at intervals. It is a criminal offence to work prior to this. Up until 2018 an asylum seeker could not work; however, this was successfully challenged in a Supreme Court decision in 2017. Approximately 8,000 people have been given permission to work since 2018. Many people in the protection process are employed as essential workers, doing vital work that supports our communities, including during Covid-19. The Reception Conditions Directive requires Member States to grant asylum-seekers the right to work within 9 months, or earlier, of applying for asylum but allows States to determine the conditions under which this right is conferred. To see how other EU member states apply the right to work visit the Asylum and Information Database.
Trafficking and Smuggling Expand Trafficking refers to situations where people are moved from place to place or country to country against their will or under duress, by means such as deception, coercion or force, usually for the gains of others, in that the person(s) trafficked will be exploited for financial gain. Smuggling is not to be confused with people trafficking. Smuggling refers to situations where a person or persons pay someone to be transported to a different country of their own free will. In many cases the person acquiring the services of a smuggler is in a very difficult situation and this may be the only available option to them to access a place of safety or country in which they wish to apply for asylum. In most cases smugglers operate as a business and charge people large sums of money for journeys with no guarantees for their safety or of reaching their intended destination.
Do people lodge endless appeals when refused protection? Expand An asylum seeker has a right to one appeal. The appeal must be made within 15 working days of the negative decision. Appeals are made to the International Protection Appeals Tribunal (IPAT). No further right of appeal exists. If a person wishes to challenge the process of making a decision they can ask the High Court to review a decision. This is called judicial review. This is less a review of the decision and is primarily concerned with the decision-making process. Delays are due to backlog in our legal system, not because of applicants ‘drawing out’ procedure.