An individual may make an application for a declaration as a refugee at the port of entry (airport/sea port). Here, the applicant will undergo certain formalities including an initial interview. An application may also be made directly to the Office of the Refugee Applications Commissioner (ORAC) after a person has entered the State.
An individual may make a separate application on behalf of any minor children or dependents and must complete a separate application form for a declaration for each minor child or dependent. If not, the accompanying minor children or dependents will be included in the applicant’s decision and all decisions taken in relation to the applicant’s case will apply to them.
The initial interview, in accordance with section 8 of the Refugee Act, takes place in order to establish whether an individual wishes to make an application for refugee status, and if so, to find out the general grounds upon which the application is based.
Once an application for a declaration as a refugee is made in Ireland, asylum seekers may be housed by the Reception and Integration Agency (RIA) until the application is completed. The system of accomodation centres is known as direct provision.
It is important that the applicant obtains legal advice. An asylum seeker may wish to contact the Refugee Legal Service, which provides a low-cost service for asylum seekers (see below for more details).
At first instance, ORAC will investigate the application and make a recommendation under Section 13 of the Refugee Act in relation to the application for refugee status. This stage involves an interview.
If the recommendation is positive then the Minister must, as a matter of law, grant refugee status to the applicant.
If the recommendation is negative and the applicant is entitled to appeal, he/she may make an application to the Refugee Appeals Tribunal (RAT) and the appeal will be conducted through written correspondence or by way of full oral hearing. If the recommendation by the RAT is positive then the Minister must grant refugee status.
If, at this stage, refugee status has been refused, the applicant may apply to the Minister for Subsidiary Protection or Leave to Remain.