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Refugee Information Service

Factsheet 1

Information kindly collated and provided by the Refugee Information Service

The RIS can be contacted at Richmond Business Campus, Morning Star Avenue., Dublin 7. Telephone: 01 8090437. Fax: 01 8780591. Email: refinfo@eircom.net 

Contents

Definitions: who is a refugee; asylum-seeker etc. 
 Rights and entitlements - group by group. 
 The Asylum Process - a brief overview. 
 Refugees and Asylum seekers - where are they from? 
 Asylum applications: numbers / decisions. 
 Refugee / asylum organisations - a contact list. 
 English language classes in Dublin. 

© Refugee Information Service June 2001. 

Who is a Refugee? 

"Any 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 her/his nationality and is unable, or owing to such fear, is unwilling to avail her/himself of the protection of that country; or (any person) who, not having a nationality and being outside the country of her/his former habitual residence, is unable, or owing to such fear is unwilling to return to it." 

UN (Geneva) Convention on Refugees, 1951. 

Refugees are 

  • 'Programme' Refugees, i.e. persons who have been invited to Ireland on foot of a Government decision in response to humanitarian requests from bodies such as UNHCR. (e.g. Bosnians [1992-97]) 
  • 'Convention' Refugees, i.e. persons who fulfil the requirements of the definition of a refugee under the 1951 Convention and are granted refugee status. 

Asylum-seekers are

Persons who seek to be recognised as refugees in accordance with the terms of the 1951 Convention. 

Leave to Remain is

Permission granted to a person to remain in the State. This is granted at the discretion of the Minister for Justice and may be granted, for example, to a person who does not fully meet the requirements of the definition of a refugee under the 1951 Convention, but who, the Minister decides, should be allowed to remain in the State for humanitarian reasons.  

Residence ('Green Book') 

Asylum-seekers who marry Irish nationals and those who are the parents of Irish born children are entitled to residence. Residence in these instances is not automatic - it must be applied for at the Immigration Section, Department of Justice, (72-76 St. Stephen's Green, Dublin 2.). Successful applicants receive a document - the 'Green Book' - which contains details of their right to stay this country. Residence must be renewed every 12 months. 

Rights and Entitlements - group by group 

Refugees

Those with refugee status enjoy similar rights to Irish nationals and these rights are set out in the Refugee Act, 1996. They can 

  • work
  • go on local authority housing lists
  • start a business
  • undertake training with FAS
  • avail of the CE (Community Employment) scheme (the 12 month signing period is waived). 
  • avail of courses and English language training provided by the Refugee Language Support Unit. 
  • have the right to family reunification - that is the right to be re-united with immediate and/or dependent family members. 
  • apply for a travel document (but cannot travel to the country they have sought refugee from). 
  • make an application for citizenship after three years. 

Asylum-seekers

asylum-seekers generally have very few rights and entitlements but some have more than others. What rights an asylum-seeker has is dependent solely on when s/he made her/his application. It is therefore necessary to clearly set out the rights of three distinct groups: those with the right to work, those who are dispersed and those who do not fit into either of these categories.  

Category 1 
Asylum-seekers who have come to Ireland after 10 April 2000

Category 2 
Asylum seekers who made their applications prior to 26 July 1999

Category 3 
People who made asylum applications between 26 July 1999 and 10 April 2000

Since April 2000, the authorities have operated a policy of 'Dispersal' and Direct Provision of asylum-seekers. What this means is that asylum-seekers coming to this country are accommodated for a short period of time (a week or so) in one of the large Dublin reception centres and then 'dispersed' to centres outside the Dublin area. The direct provision element of the policy means that asylum-seekers will be given full-board (i.e. accommodation and meals) and an allowance of £15.00 per week (£7.50 per child).

Generally however the rights and entitlements of asylum-seekers under Dispersal / Direct Provision are extremely limited and represent a major departure from previous policies which broadly included asylum-seekers within the social welfare system and afforded them some rights in terms of Supplementary Welfare Allowance, Rent Allowance etc. The primary reasons given for the implementation of the policy is a lack of accommodation in the greater Dublin area and also that fact that a Dispersal / Direct Provision policy is also currently operating in the UK. 

It should be noted that asylum-seekers who refuse to be accommodated in full-board centres are not entitled to rent allowance because it is considered that they do not have an accommodation need and will only receive the £15.00 per week allowance (no matter what alternative accommodation arrangement they may come to). There are a couple of exceptions to the application to the Dispersal / Direct Provision regulations, and these concern: pregnant women close to full term; 'reunification' with an immediate family member (i.e. a newly arrived asylum-seeker may be reunited with a spouse or partner already in rented accommodation) and medical grounds. 

 

These people have the right to work (as long as they complied with all asylum regulations).  Below are the rights and entitlements of asylum-seekers who made their application prior to 26.7.1999.  

This group of people fall between the two major policy decision of the last two years. They are not entitled to work, however, they are not the subject of Dispersal / Direct Provision regulations.

  

Employment 

Category 1

 

Category 2

 

Category 3
  • not entitled to work - penalties for working illegally are a fine of £500 and/or one month in jail. 

 
  • issued with an official letter indicating that they have the right to work - prospective employers do not have to obtain a work permit. Please note that the right to work applies only to those who made their asylum applications prior to 26.7.1999. It is not the case that asylum-seekers who are in Ireland 12 months may work. (Originally asylum-seekers could work if they made their applications prior to 26.7.1999 and were in the country 12 months but the Government did not renew the order on 26.7.2000.) 

 
  • not entitled to work - penalties for working illegally are a fine of £500 and/or one month in jail. 

FAS training courses

Category 1

Category 2

Category 3
  • not entitled to go on FAS courses.  

 
  • do not have the right to go on FAS courses, however they are entitled to register with the FAS asylum-seekers unit. This unit offers a range o services including skills assessment, guidance interviews, job placement and follow up. (See contact list for more details.) 

 
  • not entitled to go on FAS courses.  

 

Social Welfare  

Category 1

 

Category 2

 

Category 3
  • £15.00 per week reduced Supplementary Welfare Allowance, (£7.50 per child)
  • entitled to Child Benefit
  • entitled to apply for Exceptional Needs Payments for extra essential outlays they may incur. 

 
  • should be on Unemployment Assistance as they are entitled to (and are seeking) work
  • entitled to Child Benefit
  • entitled to go on Back to Work programmes if they comply with regulations (currently applicants must be signing for 15 months [396 days]).  

 

 
  • entitled to receive Supplementary Welfare Allowances (not UA as they are not entitled to work)
  • entitled to Child Benefit
  • entitled to apply for Exceptional Needs Payments for extra essential outlays they may incur
  • entitled to rent allowance (Note: many of this group of people are accommodated in hostels because of the serious lack of private rented stock in Dublin at the moment.)  

Medical  

Category 1

 

Category 2

 

Category 3
  • receive the medical card.  
  • Medical units are assigned to the Dublin reception centres. Prior to dispersal, asylum-seekers are screened for infectious diseases such as T.B. and diphtheria. (Screening is not obligatory but most asylum seekers avail of this service.) 

 
  • receive the medical card (and are entitled to retain it for a period once they take up employment - in line with regulations.) 

 
  • receive the medical card. 

 

Accommodation  

Category 1

 

Category 2

 

Category 3
  • reside outside of Dublin in full-board centres (i.e. three meals a day and accommodation). 
  • not entitled to rent allowance and are obliged to stay at the full-board centre until a decision is made on their asylum application.  

 
  • entitled to rent allowance and to retain rent allowance on a tapered basis for three years after taking up employment (as long as they have been on a social welfare payment for 12 months)
  • not entitled to apply to local authority housing lists. 

 
  • entitled to rent allowance
  • not entitled to go on local authority housing lists. 

 

Education   

Category 1

  

Category 2

  

Category 3
  • asylum-seekers and/or their children are entitled to first and second level education (up to the Leaving Certificate)
  • not entitled to places in third level education; post leaving certificate courses (PLCs); VTOS; places on the Back to Education programmes etc.
  • can do part time English language classes and other part time courses (e.g. computer courses) provided by voluntary groups. 

 
  • entitled to first level and second education (up to the Leaving Certificate) 
  • currently not entitled to third level education degree or diploma courses; post leaving certificate courses (PLCs); VTOS; places on the Back to Education programmes etc. (See also Education - general [below].)  
  • can avail of English language and other courses provided by voluntary groups. 

 

 
  • entitled to first level and second education (up to the Leaving Certificate)
  • not entitled to third level education degree or diploma courses; post leaving certificate courses (PLCs); VTOS; places on the Back to Education programmes etc.  
  • can avail of a number of English language training courses provided by voluntary groups such as the African Refugee Network, Comhlamh, Spirasi, the Vincentian Refugee Centre and others
  • may do part-time evening courses. Details of courses contained in Wolfhound Guide and other guides. 

Child care - all categories

  • Refugees and asylum-seekers needing access to child-care facilities should apply to community crèches. Local community groups will have relevant information; a 'Childcare Network Directory' is available from Dublin Inner City Partnership (16 Upper Ormond Quay, Dublin 7. Tel: [01] 872 1330). 

Travel - all categories

  • not entitled to leave the State without the permission of the Minister for Justice - penalties for leaving or attempting to leave the State without permission are a fine of £500 and/or one month in jail. 

Medical - all categories

  • The Community Health Nurse service is available to everyone in the community. In particular Public Health nurses assist mothers with young children.
  • A psychological service is based at the Department of Psychology, St. Brendan's Hospital, (Rathdown Rd., Dublin 7. Tel: (01) 868 0166).  

Education - all categories

  • There is a reference to the education needs of refugees and asylum-seekers in the Government's White Paper on Adult Education. The White Paper contains proposals for including asylum-seekers (with the right to work) on VTOS, PLC and Back to Education courses and for providing for all asylum-seekers "...access to adult literacy, English language and mother culture supports". The City of Dublin VEC is currently undertaking an extensive research project on the language needs of asylum-seekers. 

Citizenship [by Naturalisation] - all categories

  • Non-Irish nationals who wish to become Irish citizens by naturalistion have to fulfill certain statutory conditions including having a total of five years residence in the State in the nine year period preceding the date of application, the last year being a period of continuous residence. Residence in this sense is treated as meaning legal residence (not leave to study or a period waiting for the outcome of an asylum application.) Refugees may make their citizenship application after three years. 

Residence ('Green Book') 

This group of people may reside in Ireland because they are the parents of an Irish born child or they are married to an Irish or EU national.  

Please note: that asylum and residency are different issues (and are handled by different government departments). Some asylum-seekers withdraw their application for asylum when they apply for the Green Book, however they are not obliged to do so - and generally should not do so - until the Green Book is issued, if at all. People who make residence applications are entitled to also have an asylum application ongoing - is not an 'either/or' situation. 

Employment 

  • are entitled to work - prospective employers do not have to obtain a work permit. 

FAS / CE 

  • are entitled to go on FAS courses (including courses with FAS asylum-seekers units) and Community Employment schemes if the qualify (i.e. be in receipt of welfare payment for one year).  

Social Welfare 

  • should be on Unemployment Assistance as they are entitled to (and are seeking) work
  • are entitled to Child Benefit
  • are entitled to go on Back to Work programmes if they comply with regulations (currently signing for 15 months [396 days]). 

Medical 

  • receive the medical card (and may retain it for a period once they take up employment - in line with regulations.) 

Accommodation 

  • are entitled to rent allowance and to retain rent allowance on a tapered basis for three years after taking up employment (as long as they have been on a social welfare payment for 12 months)
  • are entitled to apply to go on local authority housing lists.  

Education 

  • may avail of courses provided by the Refugee Language Support Unit
  • are entitled to first and second level education (up to the Leaving Certificate)
  • do not have their education rights clearly spelled out in legislation (unlike those of refugees whose rights are clearly outlined in the Refugee Act 1996). Some colleges charge Green Book holders non-EU national rates, others do not. Green Book holders should certainly apply for VTOS etc. and seek advice if they encounter difficulties. 

Travel 

  • may travel from the state as long as they are in possession of a passport. It should be noted that at the moment re-entry visas are required when travelling . These can be obtained at the visas office (80 St. Stephen's Green, Dublin 2)
  • are entitled to make an application for a special travel document in exceptional circumstances.  

Family re-unification 

  • Who are the parents of an Irish born child have the right to apply for family reunification. Not many such applications are successful (however new legislation on the immigration / residency issue is due to be enacted soon.) 

Leave to Remain 

The rights of people who are given Leave to Remain are broadly in line with those who have the Green Book. 

Brief Overview of Asylum Process  

  • Lengthy questionnaire to be filled out; after a few months (sometimes much longer) asylum-seeker called for interview. If successful asylum- seeker becomes a (Convention) refugee, if not person can enter the appeal process. Asylum-seekers are entitled to legal representation at the appeal stage. If appeal unsuccessful asylum-seeker may make appeal to the Minister for Justice to stay in the State in humanitarian grounds (i.e. Leave To Remain.)  
  • The authorities may determine that an asylum application is 'manifestly unfounded' (MU). Asylum-seekers have far fewer rights within MU procedures They do not for instance have the right to have legal representation at the appeal stage. It was once quite rare for an asylum application to be deemed MU - but these days many are. In the first third of 2001 (1.1.2001 - 30.4.2001) of the 1,153 asylum decisions made, 254 were deemed MU (about 25%).   
  • All asylum-seekers are entitled to avail of the services of the Refugee Legal Service and should register with this body. The Refugee Legal Service gives advice on filling out questionnaire and first stage interview; legal representation through appeal stage.  
  • Very few asylum-seekers attain refugee status in Ireland - please refer to statistics sheet attached 

Overview of Legislation 

Refugee Act 1996  

Ireland has signed and ratified the Geneva Convention relating to the status of refugees and the 1967 Protocol to the Convention. This is international law which binds a state to the principles enshrined in the Convention but which cannot be used by persons in ordinary courts. To address this, in June 1996, the Refugee Act was enacted. The Act has been only been fully implemented since 20.11.2000. Two further Acts - the Immigration Act (1999) and the Illegal Immigrants [Trafficking] Act (2000) - amended the Refugee Act to include deportation arrangements and penalties for illegal trafficking. 

Features of the Act  

  • The Act was warmly welcomed by all working with refugees and asylum seekers because it put on a statutory footing the arrangements and procedures for dealing with refugees and asylum seekers.  
  • It allowed for the establishment bodies to deal with various aspects of the asylum issue: Refugee Applications Commissioner (decisions), the Refugee Appeals Tribunal (appeals) and the Refugee Advisory Board (yet to be established).  
  • It broadened the grounds whereby people could apply for refugee status - it actually went somewhat further than the UN Convention to include as grounds for being recognised as a refugee: gender; sexual orientation and membership of a trade union.  
  • Economic migrants are not included in the terms of the Refugee Act.  
  • As of 20.11.2000, the Refugee Act 1996 has been implemented in full. As of that date asylum-seekers over the age if 14 will be fingerprinted and can be detained if a garda or immigration reasonably suspect that they pose a threat to national security or public order; have committed a serious non-political crime outside the State; have not made reasonable efforts to establish their true identity; intend to avoid removal from the state in certain circumstances; intend to leave the state and enter another unlawfully; without reasonable cause have destroyed their travel documents or have forged identity documents.  

Remember...  

  • An asylum-seeker has a legal right to seek refuge in this country under the terms of the Geneva Convention. Thus, asylum seekers are not illegal immigrants - they are legally resident while they are in the asylum process.  
  • When dealing with refugees and asylum seekers always ascertain what their status is. Ask whether they are (Programme or Convention) refugees or asylum seekers and if they are asylum seekers, whether are entitled to work or come under terms of direct provision etc., and advise accordingly 

Where do refugees and asylum-seekers come from? 

Asylum-seekers are mainly from eastern Europe, western Africa and central Africa. However there are refugees and asylum-seekers in Ireland from dozens of countries. So far RIS has assisted people from the following (45) countries

Afghanistan
China
Latvia
Rwanda
Algeria
Congo
Liberia
Saudi Arabia
Angola
Congo (Braz.)
Libya
Somalia
Armenia
Croatia
Lithuania
Sri Lanka
Azerbaijan
Cuba
Kosovo
Sudan
Belarussia
Ethiopia
Moldova
Togo
Benin
Georgia
Mongolia
Uganda
Bosnia
Ghana
Nigeria
Ukraine
Bulgaria
Iran
Pakistan
Zambia
Burundi
Iraq
Poland
Cameroon
Ivory Coast
Rumania
Chad
Jordan
Russia

Programme Refugees 

In the past the Irish government invited groups of refugees to settle in Ireland. 

Year/s

Nationality

Numbers
1956
Hungarian
539
1973-4
Chilean
120
1979
Vietnamese
212
1991-97
Bosnian
917

Applications and Decisions

Applications

1992-2000: see chart

  • 30,000 (approx.) applications.
  • 5,000 (approx.) formally withdrawn.  
  • 1,300 recognised as refugees / granted leave to remain. 

Asylum Decisions  1998

Country

Asylum Applications

Decisions

% Recognised as refugees (any type)
Ireland
4630
1620
13%
Finland
1270
870
44%
UK
46020
31570
29%
Denmark
5700
3450
55%

Refugees / Asylum Seekers: Contact List of Organisations 

NGO: Non-Governmental Organisation / SO: Statutory Organisation  

  • Access Ireland (refugee training): Richmond Business Campus, Morning Star Ave., Dublin 7. Tel: (01) 878 05989 Fax: (01) 8780591 (NGO) 
  • African Refugee Network: 90 Meath St., Dublin 8. Tel: (01) 473 4523 (NGO) 
  • Association of Refugees and Asylum Seekers in Ireland [ARASI]: 213 North Circular Rd., Dublin 7. Tel: (01) 838 1142 Fax (01): 855 1143 (NGO) 
  • Bosnian Community Development Project: 40 Pearse St., Dublin 2. Tel/Fax: (01) 671 9202 e.mail: bcdp@iol.ie (NGO) 
  • Clann Housing Association: 3rd Floor, 18 Dame St. Dublin 2.  Tel: (01) 677 5010 Fax: (01) 677 5025 (NGO)  
  • Comhlamh [Assoc. of Returned Development Workers]: 10 Upper Camden St., Dublin 2. Tel: (01) 478 3490 Fax (01) 478 3738 (NGO) 
  • Irish - Vietnamese Association: 45-46 Hardwicke St., Dublin 1. Tel: (01) 874 2331 (NGO)  
  • Irish Refugee Council: 40 Lower Dominick St., Dublin 1 (NGO) Tel: (01) 873 0042 Fax (01): 873 0088 also 1 Bank Place, Ennis Co. Clare. Tel/Fax: (065) 22026 
  • Metro Eireann (multi-cultural newspaper): 213 North Circular Rd., Dublin 7. Tel: (01) 869 0670 Fax: (01) 868 9142. 
  • National Consultative Committee on Racism and Interculturalism: 26 Harcourt St., Dublin 2. Tel: (01) 478 5777 Fax: (01) 478 5778. (SO) 
  • Part of Ireland Now Project: c/o 'Spirasi', 213 North Circular Rd., Dublin 7. Tel (01) 868 4059 (NGO) 
  • Refugee Applications Centre [Refugee Applications Commissioner; Refugee Appeals Tribunal; ERHA asylum-seekers unit]: 79-83 Lower Mount St., Dublin 2. Tel: (01) 602 8000 (SO) 
  • Refugee Information Service (Admin. Office): Richmond Business Campus, Morning Star Ave., Dublin 7. Tel: (01) 809 0247 Fax: (01) 878 0591 e.mail: refinfo@tinet.ie (NGO)  
  • Refugee Language Support Unit: 83 Waterloo Lane, Dublin 4. Tel: (01) 667 2479 Fax: (01) 667 2355. (SO) 
  • Refugee Legal Service: Montague Court, Montague St., Dublin 2. Tel: (01) 476 0265 (SO) 
  • Russian Speakers Society: c/o The Friary, Merchants Quay, Dublin 8. Tel: (01) 677 1128 (NGO) 
  • Spiritan Asylum Services Initiative ('Spirasi'): 213 North Circular Rd., Dublin 7.  Tel: (01) 868 3504 Fax: (01) 868 6500 e.mail: spiro@indigo.ie (NGO) 
  • Sport Against Racism in Ireland (SARI): 4 Great Strand St., Dublin 1. Tel: (01) 873 5077 Fax: (01) 873 5078 (NGO) 
  • Vincentian Refugee Centre (drop-in centre): St. Peter's church, Phibsborough, Dublin 7.  Tel: (01) 838 9708 Fax: (01) 838 9950 (NGO)  
  • United Nations High Commission for Refugees [UNHCR]: 27 Upper Fitzwilliam St. Dublin 2. Tel: (01) 632 8675 Fax: (01) 632 8676  
  • RE: Dispersal: Reception and Integration Agency (amalgamation of Directorate of Asylum-seekers Services [DASS] and Refugee Agency (which worked to integrate 'Programme' Refugees.): 27 St. Stephen's Green, Dublin 2. Tel: (01) 418 3200 (SO) 
  • RE: Right to work: FAS Asylum seekers unit - Tallaght: (01) 494 0010 / Clonsilla: 824 3200 

ELT - English Language classes in Dublin

NOTE: Always check to confirm if classes are on before referring people to any of the organisations listed below.

English language training for asylum-seekers 

  • African Refugee Network: 90 Meath St. Tuesday 7 - 8.30pm. Phone 473 4523 
  • Blanchardstown: The Adult Education Centre, Main St., Blanchardstown, Dublin 15.  Tues. 3.30 - 11.30 a.m. Thurs. 7.30 - 9.30 p.m. Fri.11.00 - 1.00 p.m Tel.: 821 2829 (Mountview / Blakestown: Mountview NYP, Shelerin Rd., Friday mornings at 10.00 a.m. [for women])  
  • Deansgrange Library: Language exchange. Thurs. French 10.30 am - 12pm. Also German and Spanish, check with library for details. Phone 285 0860. 
  • Dolebusters: 47 Harrington St. Dublin 7. Beg. Tues. 2 - 4pm. Intermediate Tues. and Thurs. 11 - 1pm. Phone 475 0171, Gerald or Belinda. 5 Gardiner Row, D.1. Interm. Wed. 11 to 1pm. Phone 872 5103.  
  • Ilac Library, Ilac Centre: Language exchange. Tues.- Spanish. Wed.- French. Thurs.- German.6 to 8pm. Sat. Russian,2.30pm. 
  • Inchicore VEC: Emmet Rd. Tuesday/Thursday 3 - 5pm. Phone 453 5358 
  • Pearse College: Clogher Rd. D.12.Monday 10am, Block A. Phone 453 6661 
  • Parnell Vocational School: 1 Parnell Sq. Mon. to Fri. 10.00 am - 2pm. Phone 874 6607. 
  • Vincentian Centre: St. Peter's Church, North Circular Rd. Beginners - Tues/Wed/Thurs/Fri 10 - 11.30. Advanced - Mon/Tues/Wed/Thurs 3 - 4.30. Phone 838 9708 
  • Spiritan House: 213 North Circular Rd. Mon/Tues/Wed 7 - 8.30pm. Phone 838 6500 
  • Rathmines Info. Centre: 11 Wynnefield Rd. Friday 2 - 4pm. Phone 496 5558. 
  • Rialto: St. Andrew's Resource Centre: - classes beginning in February probably on a Wed. evening. Contact Bronagh on 473 8384.
  • Tallaght: St. Mark's Adult Education Centre. Beg./Interm. 10 - 12pm. Elem. 11.15 -12.45pm. Both on Monday. Phone 451 8454 
  • Tallaght Library: The Square. Monday 6.30pm. Phone 462 0073. 

ELT - (for Refugees) 

  • Refugee Language Support Unit: 83 Waterloo Lane, Dublin 4. Phone: 667 2355. 

Please also note that the City of Dublin Vocational Education Committee (CDVEC) are currently carrying out a survey on the language needs of asylum-seekers in Dublin with a view to setting up better services. For more information contact: Tanya Ward, CDVEC, 1 Parnell Square, Dublin 1. Tel.: 874 6047. 

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Date this page was last updated: 19 December 2002 16:43