Refugee Act , 1996

1. Interpretation.

1.—(1)In this Act, unless the context otherwise requires—

F1[‘the Tribunal’means the Refugee Appeals Tribunal established by section 15;]

“applicant” means a person who has made an application for a declaration under section 8;

“authorised officer” means a person authorised in writing by the Commissioner to exercise the powers conferred on an authorised officer by or under this Act;

“the Commissioner” shall be construed in accordance with section 6;

“convention country” means a country other than the State for the time being standing designated in an order under section 22(6);

“declaration” shall be construed in accordance with section 17;

“the Dublin Convention” means the Convention determining the state responsible for examining applications for asylum lodged in one of the Member States of the European Communities done at Dublin on the 15th day of June, 1990 (the text of which, in the English language, is, for convenience of reference, set out in the Fourth Schedule to this Act);

“the establishment day” means the day appointed by the Minister under section 14;

“the High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner;

“the Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on the 28th day of July, 1951, and includes the Protocol relating to the Status of Refugees done at New York on the 31st day of January, 1967 (the text of which, in the English language, is, for convenience of reference, set out in the Third Schedule to this Act);

“immigration officer” means an immigration officer appointed under the Aliens Order, 1946 (S.R.& O., No. 395 of 1946);

“information” means information in the form of a document (including a thing) or in any other form;

“membership of a particular social group” includes membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation;

“the Minister” means the Minister for Justice;

“prescribed” means prescribed by regulations made by the Minister.

F2[‘Regulations of 2006’means the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006);]

F3[‘Regulations of 2013’means the European Union (Subsidiary Protection) Regulations 2013;]

F4[‘working day’means any day not being a Saturday, Sunday or public holiday;]

(2)In this Act—

(a)a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b)a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c)a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2. “Refugee”.

2.—In this Act “a refugee” means a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, 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; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, but does not include a person who—

(a)is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

(b)is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,

F5[(c) there are serious grounds for considering that he or she—

(i) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(ii) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(iii) has been guilty of acts contrary to the purposes and principles of the United Nations.]

(d) F6[…]

(e) F6[…]

3. Extension to refugees of certain rights.

3.—(1)Subject to section 17(2), a refugee in relation to whom a declaration is in force shall be entitled to the same rights and privileges as those conferred by law on persons generally who are not Irish citizens (as distinct from such rights or privileges conferred on any particular person or group of such persons).

(2)(a)Without prejudice to the generality of subsection (1), a refugee in relation to whom a declaration is in force—

(i)shall be entitled to seek and enter employment, to carry on any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(ii)shall be entitled to receive, upon and subject to the terms and conditions applicable to Irish citizens, the same medical care and services and the same social welfare benefits as those to which Irish citizens are entitled,

(iii)shall be entitled, subject to section 4(2)—

(I)to reside in the State, and

(II)to the same rights of travel in or to or from the State as those to which Irish citizens are entitled,

(iv)shall have the same freedom to practise his or her religion and the same freedom as regards the religious education of his or her child as an Irish citizen,

(v)shall have access to the courts in the like manner and to the like extent in all respects as an Irish citizen, and

(vi)shall have the right to form and be a member of associations and trade unions in the like manner and to the like extent in all respects as an Irish citizen.

(b)In paragraph (a) “social welfare benefits” includes any payment or services provided for in or under the Social Welfare Acts, the Health Acts, 1947 to 1994, and the Housing Acts, 1966 to 1992.

(c)Without prejudice to the generality of subsection (1) or section 3 of the Aliens Act, 1935, and notwithstanding anything contained in section 45 of the Land Act, 1965, section 16 of the Mercantile Marine Act, 1955, or an order under the Air Navigation and Transport Act, 1946, a refugee in relation to whom a declaration is in force shall be entitled to acquire, hold, dispose or otherwise deal with real or personal property or an interest in such property in the like manner, to the like extent and subject to the like obligations and limitations as an Irish citizen.

4. Travel document.

4.—(1)Subject to subsection (2), the Minister shall, on application in writing in that behalf and on payment to the Minister of such fee (if any) as may be prescribed with the consent of the Minister for Finance, issue to a refugee in relation to whom a declaration is in force a travel document identifying the holder thereof as a person to whom a declaration has been given.

(2)The Minister may, in the interest of national security or public policy (“ordre public”), refuse to issue a travel document.

(3)A travel document shall be in such form as may be prescribed or in a form to the like effect.

(4)A person who applies to the Minister for a travel document under this section shall furnish to the Minister such information (if any) as the Minister may reasonably require for the purpose of his or her functions under this section.

5. Prohibition of refoulement.

5.—(1)A person shall not be expelled from the State or returned in any manner whatsoever to the frontiers of territories where, in the opinion of the Minister, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

(2)Without prejudice to the generality of subsection (1), a person's freedom shall be regarded as being threatened if, inter alia, in the opinion of the Minister, the person is likely to be subject to a serious assault (including a serious assault of a sexual nature).

6. Refugee Applications Commissioner.

6.—(1)(a)For the purposes of this Act, there shall be a person (referred to in this Act as “the Commissioner”) who shall be known as the Refugee Applications Commissioner.

(b)The Commissioner shall perform the functions conferred on him or her by this Act.

(2)The Commissioner shall be independent in the exercise of his or her functions under this Act.

(3)The provisions of the First Schedule shall have effect in relation to the Commissioner.

7. Annual report and information to Minister.

7.—(1)The Commissioner shall, no(t later than 3 months after the end of each year, submit a report in writing to the Minister of his or her activities during that year and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(2)The Commissioner shall furnish to the Minister such information relating to his or her activities as the Minister may from time to time require.

7A. F8[Establishment of Refugee Advisory Board.

7A.—(1) There shall be a board to be known as the Refugee Advisory Board (in this Act referred to as‘the Board’) to perform the functions conferred on it by this Act.

(2) The Board shall be independent in the performance of its functions.

(3) The provisions of the Schedule to this section shall have effect in relation to the Board.

(4) (a) The Board shall, in every second year beginning with the yearF9[2005], prepare and submit to the Minister a report inwriting on the operation in the preceding 2 years of this Act and may include in the report information and comment in respect of asylum policy and refugees including any proposals to amend legislation and recommendations regarding the practice or procedures of public or private bodies in relation to applicants and any other matters relating to such operation coming to its attention to which it considers that his or her attention should be drawn and, not later than 1 month after such submission, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(b) The Board shall, at the request of the Minister, prepare and furnish to him or her a report in writing on such matters relating to the performance of its functions as the Minister may specify and as soon as may be after the receipt by the Minister of the report, he or she shall cause a copy of it to be laid before each House of the Oireachtas.

(5) The Commissioner shall, whenever so requested by the Board, furnish to the Board information in relation to such matters as the Board may specify relating to the performance of its functions.

SCHEDULE

Subsection (3).

Refugee Advisory Board

(a) one shall be a representative of the Minister nominated by the Minister,

(b) one shall be a representative of the Minister for Foreign Affairs nominated by the Minister for Foreign Affairs,

(c) one shall be a representative of the Minister for Social, Community and Family Affairs nominated by the Minister for Social, Community and Family Affairs,

(d) one shall be a representative of the Minister for Education and Science nominated by the Minister for Education and Science,

(e)one shall be a representative of the Minister for Health and Children nominated by the Minister for Health and Children,

(f) one shall be a representative of the Minister for the Environment and Local Government nominated by the Minister for the Environment and Local Government,

(g) one shall be a representative of the Minister for Enterprise, Trade and Employment nominated by the Minister for Enterprise, Trade and Employment,

F10[(gg) one shall be the chairperson of the Refugee Appeals Tribunal,]

(h) six shall be women and six shall be men.

(a) the desirability of ensuring that a person or persons representative of refugees and applicants is or are appointed to membership of the Board, and

(b) the person’s interest in or knowledge of asylum and the provision of protection and assistance to refugees or his or her competence otherwise to assist the Board in the performance of its functions.

8. Applications for declaration.

8.—(1)(a)A person who arrives at the frontiers of the State seeking asylum in the State or seeking the protection of the State against persecution or requesting not to be returned or removed to a particular country or otherwise indicating an unwillingness to leave the State for fear of persecution—

(i)shall be interviewed by an immigration officer as soon as practicable after such arrival, and

(ii)may apply to the Minister for a declaration.

(b)The immigration officer concerned shall inform a person referred to in paragraph (a), where possible in a language that the person understands, that he or she may apply under that paragraph for a declaration and that he or she is entitled to consult a solicitor and the High Commissioner.

F11[(c) A person who at any time is in the State (whether lawfully or unlawfully) and is seeking the status of a refugee in the State may apply to the Minister for a declaration and, if he or she does so, shall be interviewed by an authorised officer or an immigration officer at such times as may be specified by the authorised officer or the immigration officer, as the case may be, who shall also inform the person that he or she is entitled to consult a solicitor and the High Commissioner and the person shall make himself or herself available for such interview at the times so specified.]

F11[(2) An interview under subsection (1) shall, in relation to the person the subject of the interview, seek to establishinter alia—

(a) whether the person wishes to make an application for a declaration and, if he or she does so wish, the general grounds upon which the application is based,

(b) the identity of the person,

(c) the nationality and country of origin of the person,

(d) the mode of transport used and the route travelled by the person to the State,

(e) the reason why the person came to the State, and

(f) the legal basis for the entry into or presence in the State of the person,

and shall, where necessary and possible, be conducted with the assistance of an interpreter and a record of the interview shall be kept by the officer conducting it and a copy of it shall be furnished to the person and, if the interview was conducted by an immigration officer, to the Commissioner.]

F11[(3) (a) The Commissioner shall notify the High Commissioner in writing of the making of an application and the notice shall include the name of the applicant and thename of his or her country of origin and such other information as the Minister may specify by notice in writing addressed to the Commissioner.

(b) The Commissioner shall furnish a copy of the record of any interview under subsection (1)—

(i) to the Minister, and

(ii) to the High Commissioner whenever so requested by him or her in writing.]

F11[(4) An application under subsection (1) shall be made in writing in the prescribed form or in a form to the like effect and shall be addressed to the Commissioner.]

F11[(5)(a)Where it appears to an immigration officer or an authorised officer that a child under the age of 18 years, who has either arrived at the frontiers of the State or has entered the State, is not in the custody of any person, the officer shall, as soon as practicable, so inform theF12[Child and Family Agency]and thereupon the provisions of theChild Care Act, 1991, shall apply in relation to the child.]