Seeking Asylum & Refugee Protection in Ireland

Ireland provides a legal framework to protect individuals fleeing persecution, serious harm, or conflict in their home countries. The asylum process ensures that applicants are assessed fairly, in line with international law, including the 1951 Refugee Convention, and Irish domestic law.

Understanding International Protection in Ireland

International protection in Ireland includes refugee status, subsidiary protection, and permission to remain on humanitarian grounds. Refugee status is granted to individuals who face a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. Subsidiary protection applies to those who may not meet the strict definition of a refugee but still face a real risk of serious harm if returned to their country of origin.

Applicants may also be considered for permission to remain on humanitarian grounds if there are compelling humanitarian or compassionate circumstances. Each application is assessed on its individual merits, considering factors such as family connections in Ireland, medical or psychological needs, and other humanitarian considerations.

The Application Process for Asylum

Individuals seeking asylum must submit an application as soon as possible upon arrival in Ireland. Applications are made to the International Protection Office (IPO), part of the Department of Justice. After registration, applicants receive a Certificate of Registration, which allows them to remain in the State while their application is assessed.

Applicants will undergo an interview with the IPO, where they must provide detailed information about their reasons for seeking protection, along with supporting documentation if available.

Assessment of Asylum Claims

Decisions on asylum applications are made under the International Protection Act 2015. The assessment considers:

• Evidence of persecution or serious harm in the applicant’s home country

• Personal circumstances and vulnerabilities

• Risk of refoulement (returning someone to a country where they may face danger)

Applicants are entitled to legal representation throughout the process and may appeal a negative decision to the International Protection Appeals Tribunal (IPAT).

Rights and Entitlements While Awaiting a Decision

While their application is being processed, applicants are generally entitled to:

• Accommodation and support provided by the Reception and Integration Agency (RIA)

• Permission to work under certain conditions (usually after 9 months of waiting for a decision)

• Access to healthcare and education for themselves and any dependents

It is important to note that applicants must not attempt to work or travel outside the State without the necessary permission.

Refusal and Discretionary Leave

If an application for refugee status or subsidiary protection is refused, the Minister for Justice may consider granting Discretionary Leave to Remain on humanitarian or compassionate grounds. Factors considered include:

• Connection with Ireland, such as family ties or length of residence

• Humanitarian or medical considerations

• Conduct and character, including criminal convictions

• National security and public order considerations

Discretionary Leave is temporary and does not automatically lead to citizenship but allows the applicant to reside legally in Ireland and access certain social protections.

Family Reunification

Successful asylum applicants may also be entitled to family reunification, allowing spouses, dependent children, or other qualifying family members to join them in Ireland. Family members must submit separate applications and meet eligibility requirements.

Legal Support and Guidance

Navigating the asylum process can be complex, and professional guidance is strongly recommended. Immigration solicitors can assist applicants with:

• Completing and submitting applications

• Preparing for IPO interviews

• Appealing negative decisions before IPAT

• Applying for family reunification or discretionary leave