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Ireland: Information on the rights and obligations of persons the government has determined as to be "permitted aliens" and whether these persons are protected against deportation or expulsion

Please find attached some documents which provide information related to the status of asylum seekers and refugees in Ireland.

According to one of the documents, no specific legislation with respect to refugees exists, and the normal provisions for other resident aliens apply.

20 Recognized refugees and other aliens permitted to stay in Ireland do not receive identity documents, but their travel documents are stamped to show that they are residing lawfully in the country.

21 Recognized refugees receive Convention Travel Documents, which are valid for a two year period and are renewable. De facto refugees who have no passport may apply for a Travel Document for aliens.

22 The Minister of Justice may issue a deportation order to an alien, 'if he deems it to be conductive to the public good'. (Aliens Order 1946). The alien may ask a revision of the order from the Minister, but there is generally no possibility of appeal.

23 In practice, recognized refugees are protected by Article 32 and 33 of the 1951 Convention, and de facto refugees by the rule of non-refoulement. There are no known cases of expulsion or deportation of refugees.

24 Like other resident aliens, refugees enjoy the usual civil rights in accordance with Irish Law (Asylum in Europe: A Handbook for Agencies Assisting Refugees, 1983, 209-210) Asylum seekers lawfully landed in Ireland are issued with a refugee travel document. They do not need the permission of the state authorities to leave the state, but if they wish to return they should inform the Department of Justice so that they can return without difficulties (ZDWF, May 1987, 49). De facto refugees, those who do not come within the Convention but are permitted to remain in the state, can and generally are issued travel documents (Ibid., 50).

According to an official at the Embassy of Ireland in Ottawa, when an asylum seeker is permitted to stay in Ireland, he or she is protected against deportation or expulsion (7 Dec. 1992). The official stated that he is not aware of any case in which this policy was not observed (Ibid.).

Additional and/or corroborative information on this subject is currently unavailable to the DIRB.

References

Asylum in Europe: A Handbook for Agencies Assisting Refugees. 1983. Rotterdam: European Consultation on Refugees and Exilees.

Embassy of Ireland, Ottawa. 7 December 1992. Telephone Interview with Official.

ZDWF Zentrale Dokumentationsstelle der Freien Wohlfahrtspflege für Flüchtlinge e.V. [Bonn]. May 1987. "European Lawyers Workshop on Detention, Choice of Residence and Freedom of Movement of Asylum Seekers and Refugees."

Attachments

Asylum in Europe: A Handbook for Agencies Assisting Refugees. 1983. Rotterdam: European Consultation on Refugees and Exilees. pp. 207-213. ZDWF Zentrale Dokumentationsstelle der Freien Wohlfahrtspflege für Flüchtlinge e.V. [Bonn]. May 1987. "European Lawyers Workshop on Detention, Choice of Residence and Freedom of Movement of Asylum Seekers and Refugees." pp.45-56.

Topics: Expulsion, Deportation, Aliens,