• Printable version

The Asylum Process

The Asylum process means the process through which your application for refugee status is decided. If, at the end of the process, you are declared a refugee you will have certain rights including the right to reside in Ireland, the right to have certain family members reside with you and the right to work.

Application form
You are required to complete an application form given to you by the Office of the Refugee Applications Commissioner (ORAC) . You may have already done this. This document is the basis of your asylum claim and it is very important that you give a full account in the document of the reasons why you left your own country.

You must return the application form to (ORAC) within two (2) weeks.

You are strongly advised to register with the Refugee Legal Service (RLS), or to obtain legal advice privately, before completing the questionnaire.

If ORAC believe that you have previously applied for asylum in another European Union country they are likely to request the authorities in that country to confirm whether or not they have a match of your fingerprints. If a match is found it is likely that ORAC will attempt to transfer you to that country without considering your asylum claim. You will have an opportunity to appeal if this does arise.

ORAC will consider an application for asylum by you to include any child of yours, who is under 18 years old, that is in Ireland with you. If your child or children have fears which are separate or distinct from yours and they can express this, then you should consider making a separate application for them . You should include in your application fears that you have in respect of yourself and child or children if they were returned to your country of origin.
Applications for asylum by Unaccompanied (Separated) Children

If you are under the age of eighteen (18) and are not accompanied by an adult it will be the responsibility of the Health Service Executive (HSE) to decide whether an application for refugee status should be made on your behalf. The HSE officer appointed to make the application will give you guidance in completing the application form. They should also accompany you to any interviews and hearings that take place in relation to your claim.

Interview
When ORAC is ready to deal with your application you will be called for an interview. An interview may be scheduled when you register with ORAC. An interpreter should be available if you require one. The interviewer will ask questions based on the information contained in your application form. It is important that you give a full account of the reasons why you left your country and why you cannot return to it. Any information that is left out of your application form or your interview cannot be considered by ORAC when a decision is being made as to whether you should be declared a refugee or not. You should tell your full history rather than waiting to be asked by the interviewer.

At the end of the interview the interview notes will be read back to you and you will be asked to sign them to confirm that they are correct. You may be given a copy and if so you should give a copy to the RLS or your other legal advisor immediately. In any event, you should request a copy of your interview notes. If the interviewer asks you to provide documents or information within a fixed period of time you should try and do so. Any documents that you can provide to support your claim for refugee status could be of great assistance.

Decision of the Refugee Applications Commissioner
The Commissioner will make a decision whether to make a recommendation that you be declared a refugee or not. In making the decision the Commissioner considers the definition of a refugee.

Section 2 of the Refugee Act 1996 provides that a refugee is;

“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....”