Refugee act, 1996

Act Number17
Enactment Date26 June 1996


Number 17 of 1996


REFUGEE ACT, 1996


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

“Refugee”.

3.

Extension to refugees of certain rights.

4.

Travel document.

5.

Prohibition of refoulement.

6.

Refugee Applications Commissioner.

7.

Annual report and information to Minister.

8.

Applications for declaration.

9.

Leave to enter or remain in State.

10.

Provisions relating to detained persons.

11.

Investigation of applications by Commissioner.

12.

Manifestly unfounded applications.

13.

Recommendations and reports of Commissioner.

14.

Establishment day.

15.

Refugee Appeal Board.

16.

Appeals to Appeal Board.

17.

Declaration that person is refugee.

18.

Member of family of refugee.

19.

Protection of identity of applicants.

20.

Prohibition of false information and alteration of identity documents.

21.

Revocation of declaration.

22.

Dublin Convention.

23.

Regulations.

24.

“Programme refugees”.

25.

Saving.

26.

Annual report to Houses of Oireachtas.

27.

Laying of orders and regulations before Houses of Oireachtas.

28.

Transitional provision.

29.

Expenses of Minister.

30.

Short title and commencement.


FIRST SCHEDULE

Refugee Applications Commissioner

SECOND SCHEDULE

Refugee Appeal Board

THIRD SCHEDULE

Geneva Convention

FOURTH SCHEDULE

Dublin Convention


Number 17 of 1996


REFUGEE ACT, 1996


AN ACT TO GIVE EFFECT TO THE CONVENTION RELATING TO THE STATUS OF REFUGEES DONE AT GENEVA ON THE 28TH DAY OF JULY, 1951, THE PROTOCOL RELATING TO THE STATUS OF REFUGEES DONE AT NEW YORK ON THE 31ST DAY OF JANUARY, 1967, AND THE CONVENTION DETERMINING THE STATE RESPONSIBLE FOR EXAMINING APPLICATIONS FOR ASYLUM LODGED IN ONE OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES DONE AT DUBLIN ON THE 15TH DAY OF JUNE, 1990, TO PROVIDE FOR THE APPOINTMENT OF A PERSON TO BE KNOWN AS THE REFUGEE APPLICATIONS COMMISSIONER AND THE ESTABLISHMENT OF A BOARD TO BE KNOWN AS THE REFUGEE APPEAL BOARD AND TO PROVIDE FOR MATTERS RELATED TO THE MATTERS AFORESAID. [26th June, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“the Appeal Board” means the Refugee Appeal Board established by section 15;

“applicant” means a person who has made an application for a declaration under section 8 ;

“authorised officer” means a person authorised in writing by the Commissioner to exercise the powers conferred on an authorised officer by or under this Act;

“the Commissioner” shall be construed in accordance with section 6 ;

“convention country” means a country other than the State for the time being standing designated in an order under section 22 (6);

“declaration” shall be construed in accordance with section 17 ;

“the Dublin Convention” means the Convention determining the state responsible for examining applications for asylum lodged in one of the Member States of the European Communities done at Dublin on the 15th day of June, 1990 (the text of which, in the English language, is, for convenience of reference, set out in the Fourth Schedule to this Act);

“the establishment day” means the day appointed by the Minister under section 14 ;

“the High Commissioner” means the United Nations High Commissioner for Refugees and includes the Representative for Ireland of the High Commissioner;

“the Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on the 28th day of July, 1951, and includes the Protocol relating to the Status of Refugees done at New York on the 31st day of January, 1967 (the text of which, in the English language, is, for convenience of reference, set out in the Third Schedule to this Act);

“immigration officer” means an immigration officer appointed under the Aliens Order, 1946 (S.R.& O., No. 395 of 1946);

“information” means information in the form of a document (including a thing) or in any other form;

“membership of a particular social group” includes membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or the male sex or having a particular sexual orientation;

“the Minister” means the Minister for Justice;

“prescribed” means prescribed by regulations made by the Minister.

(2) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

“Refugee”.

2.—In this Act “a refugee” means 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; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, but does not include a person who—

(a) is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

(b) is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,

(c) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(d) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(e) has been guilty of acts contrary to the purposes and principles of the United Nations.

Extension to refugees of certain rights.

3.—(1) Subject to section 17 (2), a refugee in relation to whom a declaration is in force shall be entitled to the same rights and privileges as those conferred by law on persons generally who are not Irish citizens (as distinct from such rights or privileges conferred on any particular person or group of such persons).

(2) (a) Without prejudice to the generality of subsection (1), a refugee in relation to whom a declaration is in force—

(i) shall be entitled to seek and enter employment, to carry on any business, trade or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(ii) shall be entitled to receive, upon and subject to the terms and conditions applicable to Irish citizens, the same medical care and services and the same social welfare benefits as those to which Irish citizens are entitled,

(iii) shall be entitled, subject to section 4 (2)

(I) to reside in the State, and

(II) to the same rights of travel in or to or from the State as those to which Irish citizens are entitled,

(iv) shall have the same freedom to practise his or her religion and the same freedom as regards the religious education of his or her child as an Irish citizen,

(v) shall have access to the courts in the like manner and to the like extent in all respects as an Irish citizen, and

(vi) shall have the right to form and be a member of associations and trade unions in the like manner and to the like extent in all respects as an Irish citizen.

(b) In paragraph (a) “social welfare benefits” includes any payment or services provided for in or under the Social Welfare Acts, the Health Acts, 1947 to 1994, and the Housing Acts, 1966 to 1992.

(c) Without prejudice to the generality of subsection (1) or section 3 of the Aliens Act, 1935 , and notwithstanding anything contained in section 45 of the Land Act, 1965 , section 16 of the Mercantile Marine Act, 1955 , or an order under the Air Navigation and Transport Act, 1946 , a refugee in relation to whom a declaration is in force shall be entitled to acquire, hold, dispose or otherwise deal with real or personal property or an interest in such property in the like manner, to the like extent and subject to the like obligations and limitations as an Irish citizen.

Travel document.

4.—(1) Subject to subsection (2), the Minister shall, on application in writing in that behalf and on payment to the Minister of such fee (if any) as may be prescribed with the consent of the Minister for Finance, issue to a refugee in relation to whom a declaration is in force a travel document identifying the holder thereof as a person to whom a declaration has been given.

(2) The Minister may, in the interest of national security or public policy (“ordre public”), refuse to issue a travel document.

(3) A travel document shall be in such form as may be prescribed or in a form to the like effect.

(4) A person who applies to the Minister for a travel document under this section shall furnish to the Minister such information (if any) as the Minister may reasonably require for the purpose of his or her functions under this section.

Prohibition of refoulement.

5.—(1) A person shall not be expelled from the State or returned in any manner whatsoever...

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