The following section provides some contextual information
concerning refugees and asylum seekers in Ireland. It is
by no means exhaustive and we would recommend that you contact
the agencies listed at the end of each section for more
detailed information.
Refugee
A refugee is:
"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 his/her 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."
Definition contained in UN Convention Relating
to the Status of Refugees, 1951
There are 22 million refugees in the world. 20 million
are in Asia and Africa, usually in refugee camps in countries
bordering their own. It is the poorest countries in the
world that look after most refugees while European countries
provide a safe refuge for a small minority.
There are two categories of refugees in Ireland:
- Programme Refugees: Persons who have
been invited to Ireland on foot of a Government decision
in response to humanitarian requests from international
bodies such as the UNHCR. Ireland accepts 10 programme
refugee resettlement cases annually which averages between
40-50 individuals per year.
- Convention Refugees: Persons who fulfil
the requirements of the definition of a refugee under
the 1951 Convention and are granted refugee status.
Both categories of refugees enjoy similar rights to Irish
nationals and these rights are set out in the Refugee
Act 1996. They are entitled to take up employment and
to receive health, education, social welfare, housing
and other public services on the same basis as Irish nationals.
They are issued with a travel document and can return
to Ireland without a re-entry visa. They may not travel
to the country from which they sought refuge. Refugees
also have the right to family reunification, to be re-united
with immediate family members and possibly with dependent
family members. Both Convention and Programme refugees
may apply for citizenship after three years.
A total of 1,170 persons were recognised
as refugees in Ireland during 2003, 345 at first instance
and 825 at appeal stage. In the ten-year period from 1994-2003
5,700 people were recognised as refugees in Ireland.1
Asylum Seeker
Asylum Seekers are persons who seek to be recognised as
a refugee in accordance with the terms of the 1951 Convention.
An asylum seeker has a legal right to seek refuge in Ireland
under the terms of the Geneva Convention – they are
not "illegal immigrants" but legally resident
while they are in the asylum process.
Asylum seekers generally have very few rights and entitlements.
The rights of asylum seekers are dependent on when she/he
made his/her application.
1. Asylum Seekers in Direct Provision
Since April 2000, the government have operated a policy
of dispersal and direct provision for asylum seekers.
This means that asylum seekers coming to Ireland are accommodated
for a short period (a week or two) in one of the large
Dublin reception centres and then dispersed to centres
outside of the Dublin area. Direct provision means that
asylum seekers are given full-board (i.e. accommodation
and meals) and an allowance of 19.10 euro per week (9.60
euro per child).
The rights and entitlements of asylum seekers under the
dispersal / direct provision are extremely limited. Asylum
seekers that refuse to be accommodated in full-board centres
are not entitled to a rent supplement.
There are a number of exceptions to the dispersal / direct
provision regulations such as: '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 those with an extreme medical condition.
Since the 1st April 2003 asylum seekers can no longer
apply for a rent supplement.
2. Asylum Seekers who made their application prior
to 26.07.99
Asylum seekers who made their application prior to the
26 July 1999 have the right to work. As such they have
different rights and entitlements from asylum seekers
in Direct Provision such as the right to unemployment
assistance and the right to live in private rented accommodation
while awaiting a decision on their claim for refugee status.
3. People who made asylum applications between
26.07.99 and 10.04.00
Asylum seekers who lodged their applications between the
26 of July 1999 and the 10 of April 2000 are not entitled
to work but they are not the subject of the Direct Provision
regulations.
In 2003 there were 7,939 asylum applications, compared
with over 11,600 in 2002. This decrease exceeds the 16
percent decrease worldwide noted by UNHCR. The main countries
of origin for asylum seekers in Ireland in 2003 were Nigeria
(39.4%) Romania (10.2%), DR Congo (3.2%), Moldova 226
(3.0%), and the Czech Republic (2.4%).2 The backlog of
unprocessed applications in December 2003 was 7,390. Deportation
orders issued in 2003 to people whose asylum applications
were unsuccessful numbered 2,410. 590 people were deported
(less than 25 percent of those who received a deportation
order).
4. Statistics for 2004
Applications: There were 4,766 applications in 2004
Main countries of origin:
Nigeria (37.3%)
Romania (6.0%)
Somalia (4.0%)
China (3.2%)
Sudan (3.0%)
DR Congo (2.9%)
Other (43.4%)
Recognitions: 1,132 asylum seekers were
recognised as refugees (430 at first instance and 702 at the appeal
stage). The recognition rate was 6% at first instance and 11% on appeal.
Leave to remain on humanitarian ground granted: 75.
Deportation; 599 People deported in 2004.
The Irish Government decided in 2005 to increase the number of programme refugees from 40 to 200 persons per year.
More statistical information relating to asylum
seekers and refugees in Ireland is available on the Office for the
Refugee Applications Commissioner (ORAC) on www.orac.ie or Refugee Appeals Tribunal on www.gov.ie/refappeal/
Table: Asylum Applications
to Ireland 1997-2003
(Dept of Justice, Equality and Law Reform) 3 |
Year |
Numbers Seeking Asylum |
2004 |
4,766 |
2003 |
7939 |
2002 |
11634 |
2001 |
10325 |
2000 |
10938 |
1999 |
7724 |
1998 |
4626 |
1997 |
3883 |
Person Granted Leave to Remain
Although an asylum seeker may not be granted refugee status,
he/she may be granted leave to remain in the State. This
permission is granted at the discretion of the Minister
for Justice, Equality and Law Reform. It 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 whom, the Minister decides, should be allowed to remain
in the State for humanitarian reasons. Persons with Humanitarian
Leave to Remain receive a residence permit which is renewable
every year, pending an improvement in the situation in their
country of origin. After five years, they can apply for
citizenship.
Racism Experienced by Refugees and Asylum
Seekers
The NCCRI Racist Incidents Reporting Procedure has documented
incidents of racially motivated attacks, harassment and
verbal abuse directed at refugees and asylum seekers. There
has also been instances of graffiti and dissemination of
leaflets and stickers. Labelling and scapegoating of refugees
and asylum seekers are also quite frequent in the print
media and on late night radio phone-in shows. The most recurring
labelling includes the exaggeration of the overall numbers
(use of sensationalist language such as floods, tides etc),
referring to refugees as "scroungers" who are
unwilling to work or as people likely to be involved in
criminal activity and the linked assertion that most are
bogus and are in reality economic migrants.
Offensive labels have been applied to asylum seekers
by people who claim they are work-shy and out to exploit
our public services. Asylum seekers are not treated more
favourably than Irish citizens and are not, for instance,
given assistance towards the cost of cars, mobile phones
or socializing. Asylum seekers are sometimes referred
to as "bogus" or having unfounded claims.
While some asylum seekers in Ireland are found, following
an independent determination process, not to have met
the definition of a refugee contained in the 1951 Geneva
Convention and in the Refugee Act 1996, terminology such
as bogus is prejudicial and should be avoided. The use
of such terms ignores the fact that many asylum seekers,
even though they may not qualify for refugee status under
the terms of the Geneva Convention, are forced to leave
their country of origin due to dire economic, political
or social circumstances.
There is a continuing need to challenge the myths and
misinformation about refugees and asylum seekers and to
emphasise that asylum seekers are a relatively small proportion
of the total inward migration into Ireland. One in five
recognised refugees in Ireland have voluntarily returned
to their home country once circumstances have changed
and made it safe for them to do so.
Refugees and asylum seekers tend to reside all over Ireland
and are not concentrated only in Dublin. This is due to
many factors including the dispersal policy of the Irish
government. Some existing communities have felt threatened
by the change in the ethnic profile of their area and
this can sometimes lead to incidents of racially motivated
violence and harassment. It must be emphasised however
that many local community groups work closely with refugee
and asylum seeker groups to address racism and promote
their inclusion into the communities in which they live.
Women Refugee and Asylum Seekers
It is important for the debate around asylum and racism
to focus on the experience of women which often differs
significantly from men. This has clear implications in terms
of an effective response to the needs of refugees and asylum
seekers including gender specific community development
strategies.
The UNHCR has produced Guidelines on the Protection
of Refugee Women (1991) and gender guidelines have
been introduced in Australia, Canada and United States.
The Irish Refugee Act 1996 recognises the specificity of
the experience of women by including gender as a ground
for persecution. The Women's Committee of the Irish
Council for Civil Liberties (ICCL) also produced a handbook
on Women and the Refugee Experience: A Statement
of Best Practice.
World Refugee Day Awards
The World Refugee Day Awards is the main national event
to mark World Refugee Day (June 20) in Ireland. These Awards
are presented to asylum seekers and refugees who have positively
contributed to the local communities in which they live
and also to individuals from those communities who have
extended a hand of friendship and solidarity to promote
the inclusion of refugees and asylum seekers in their communities.
Awards are made to 10 individuals in categories including
Community & Environment, Health & Welfare, Education
& Youth, Arts & Culture, and Sports & Leisure.
The World Refugee Day Awards is an initiative of the African
Refugee Network, with support from CREATE, Dublin City Council,
Integrating Ireland, KNOW RACISM, the NCCRI, the Reception
& Integration Agency and SPIRASI. The theme of World
Refugee Day 2004 was 'A Place to Call Home'. Home, with
all its associations of safety, warmth, neighbourliness
and permanence, is a foundation upon which refugee families
can construct a positive and hopeful future. For
further information please contact the African Refugee Network,
90 Meath Street, Dublin 8. Tel: (01) 473 4523.
 |
Previous Refugee Day award winners.
Award Winners (starting from second left) John Kavanagh
(Arts & Culture), Dr Austin O Carroll (Health
& Welfare), Prince Christian Abili-Mordi (Sport),
Heather Smith (Community & Environment), Lord
Mayor of Dublin Mr Dermot Lacey, Jomoke Oyewo (Arts
& Culture), Assimowo Olabisi Shittu (Education
& Youth), Lana Jevsejeva (Community and Environment),
Mohammed Abu (received award for Sport on behalf of
Gerry McGuigan), Nuala Nedjati (Education & Youth).
Photograph: Martin/Dublin City Council. |
Further Information
Further Reading
There have been many publications related to refugees
and asylum seekers in the last decade and we have included
selection below:
Integrating Ireland: A Guide to Published Research
on Refugees, Asylum-Seekers and Immigrants in Ireland.
Report by Gertrude Cotter. March 2004. Available from Integrating
Ireland. 01-478 3490.
UNHCR Asylum Levels and Trends: Europe and non-European
Industrialized Countries, 2003 www.unhcr.ch
Comhlamh: Myths/Facts about Immigrants, Asylum
Seekers and Refugees. Leaflet available from Comhlamh
at Tel. 01-4783490.
Refugee Appeals Tribunal: Annual Report 2003.
Available from the Refugee Appeals Tribunal on Tel. 01-474
8400. Email: info@refappeal.ie
Office of the Refugee Applications Commissioner: Annual
Report for 2003, Corporate Plan 2004-2008, Strategy Statement
2004-2006 and Customer Charter Available from ORAC
at Tel. 01-6028000. www.orac.ie
European Council on Refugees and Exiles (ECRE): Broken
Promises – Forgotten Principle: An ECRE Evaluation
of the Development of EU Minimum Standards for Refugee Protection,
www.ecre.org
Irish Refugee Council A Refugee's Story, a video
and workbook for use in secondary school CSPE classes.
Irish Refugee Council at 01 / 8730042
Irish Refugee Council: Asyland Available
for Euro 3 from Easons
Dr. Colin Harvey/ Ursula Fraser: Sanctuary in Ireland:
Perspectives on Irish Asylum Law and Policy (Institute
of Public Administration, 2004)
Free Legal Advice Service: Direct Discrimination?
An Analysis of the Scheme of Direct Provision in Ireland.
July 2003. Available from FLAC, 13 Lower Dorset Street,
Dublin 1. 01-874 5690.
NCCRI: Submission to the Interdepartmental Working
Group on the Integration of Refugees in Ireland.
(Available online)
Vincentian Refugee Centre: Housing and Refugees:
The Real Picture. Available from the Vincentian
Refugee Centre. Tel. 01-838 9708.
Footnotes:
-
Integrating Ireland, Sanctuary, January
2004, available at: www.integratingireland.ie
-
As of November 30th, 2003.
-
www.justice.ie
