Dublin II information sheet

Transcription

1 Jesuit Refugee Service-Europe Rue du Progrès, Brussels - Belgium Tel: Fax: europe@jrs.net Website: Dublin II information sheet Country: IRELAND Notice: This information sheet is meant to give information only about what an asylum seeker can expect if they will be transferred to Ireland under the Dublin Regulation. It is not meant to provide information about the Dublin Regulation in general and the way it is implemented in Ireland. It is also not meant to provide information on how to challenge a Dublin transfer to Ireland. In order to avoid a transfer to Ireland, it may be recommended that the asylum seeker or his/her lawyer contact the Dublin Department in Ireland, whose coordinates are provided in this sheet. In doing so the asylum seeker can forward information that may persuade the department to refuse the take back request received from the member state that wants to initiate the transfer. 1. Data on the State Department responsible for Dublin requests (ingoing and outgoing) Name of department: Department of Justice, Equality & Law Reform Irish Naturalisation and Immigration Service (Repatriation Division) Postal address: Burgh Quay, Dublin 2 Phone: Lo-Call: immigration_mail@justice.ie Website: Person(s) in charge + spoken language(s): Pat Folan Phone: immigration_mail@justice.ie The Repatriation Division of INIS works in close co-operation with the Garda National Immigration Bureau (GNIB) in the arrangement of Dublin II Regulation transfers. Name of department: Garda National Immigration Bureau Postal address: Burgh Quay, Dublin 2 Phone:

2 Website: 2. Will the asylum seeker be handed over to any kind of public authority (police, immigration officer, etc.)? Yes. An Immigration Officer. An asylum seeker is only handed to the Gardai (police) if they have a false passport or their identity is unknown. For Dublin Convention returnees, the Immigration Authorities will have been informed of the arrival of the asylum seeker and will meet them off the plane. 3. Must the transferred asylum seeker be in possession of any kind of document given by the sending Member State? And must he/she register anywhere? No document given by the sending Member State to the transferred asylum seeker is needed. No registration is needed. 4. Must the asylum seeker apply anew for asylum? If so, how and where? No. The case will be reopened from the point when the applicant left the country. In some cases the caseworker will get back in touch with the asylum seeker but alternatively the persons themselves should contact their caseworker or solicitor. In the case of take in charge the asylum seeker will inform the immigration officer they wish to apply for asylum and the application process will begin. 5. Is there any risk that the transferred asylum seeker will be detained? The amended 1996 Refugee Act outlines six grounds under which an immigration officer or a member of An Garda Síochána may detain an asylum-seeker. These are when, with reasonable cause, he suspects that an asylum-seeker: poses a threat to national security or public order in the State; has committed a serious non-political crime outside the State; has not made reasonable efforts to establish his true identity; 2

3 intends to avoid removal from the State in the event of his or her application for asylum being transferred to a convention country or a safe third country ; intends to leave the State and enter another state without lawful authority; or without reasonable cause has destroyed his or her identity or travel documents or is in possession of forged identity documents. In general, we have found that Dublin transferees are not usually detained. However, a few individuals were detained until there was clarity about their situation. We have encountered a very small number of people detained over night in detention when: The asylum seeker travelled with false documents The asylum seeker is in a take charge procedure (that is: the asylum seeker has never applied for asylum in Ireland although he may already have stayed in or passed through the country) but this is extremely infrequent. - How can a detention order be challenged? An asylum-seeker, detained under the decision of an immigration officer or a member of An Garda Síochána, shall, as soon as practicable, be brought before a judge of the District Court assigned to the District Court district in which the (asylum-seeker) is being detained. The District judge may decide either to commit the (asylum-seeker) concerned to a place of detention for a period not exceeding twenty-one days from the time of his or her detention, or to release them. Subsequently, a District Court judge may commit the asylum-seeker for further periods of detention (each period not exceeding twenty-one days) pending the determination of the asylumseeker\'s application if the judge is satisfied that the grounds for detention still apply. In Ireland, therefore, there is no specified time limit for detention of asylum-seekers awaiting a decision on admissibility and who fall under Section 9 (8) and (13). If you need a lawyer: Free legal aid is available to asylum seekers through the Refugee Legal Service to assist at all stages of the asylum process. This includes at the time of the initial application, first interview, appeals, advice on deportation and being returned under the Dublin Convention. Name of department: Refugee Legal Service Postal address: North Brunswick Street, Georges Lane, Dublin 7 Phone: +353 (0) Fax: +353 (0) dublinrls@legalaidboard.ie Website: 6. Does a transferred asylum seeker have the right to receive accommodation? If so, how can he / she enforce this right? How can he / she get access to reception facilities? 3

4 When Dublin transferred asylum seekers arrive in the airport they will be brought or will be sent to the Office of Refugee Applications Commissioner (ORAC) offices. In that office is also located the Reception and Integration Agency (RIA). RIA will assign each asylum seeker to a Reception Centre. This centre will be in the city centre nearby and the asylum seeker will go there. The asylum seeker will receive accommodation from the first day of arrival. Three meals per day are provided and medical care is available free of charge for people seeking asylum. All asylum seekers have the right to the above reception conditions on arrival in the country. It is possible however to be expelled from the system. This will occur it the person is absent from their designated centre without notification of management or if their behaviour is deemed unacceptable. In our experience however if someone is expelled from one centre RIA will rehouse them in another one. State Department in charge of reception of asylum seekers: Name of department: Reception and Integration Agency (RIA) Postal address: Block C, Ardilaun Centre, St Stephens Green, Dublin 2 Phone: Fax: RIA_Inbox@justice.ie Website: Persons in charge: 1. Name: Ultan Ryan (Assistant Principal Officer) Phone: info@justice.ie 2. Name: Steve Magner (Assistant Secretary) Phone: RIA_inbox@inbox.ie - Reception facilities for asylum seekers transferred from another EU member state: 1. Name of reception centre: Hatch Hall Postal address: 28 Lower Hatch St, Dublin 2 Phone: Person(s) in charge + spoken language(s): Rachel Thornburgh 2. Name of reception centre: Balseskin Reception Centre Postal address: St Margaret s Road, Finglas, Dublin 11 Phone: Person(s) in charge + spoken language(s): Brian Byrne, Linda McDonnell 3. Name of reception centre: Georgian Court 4

5 Postal address: Lower Gardiner Street, Dublin 1 Phone: Person(s) in charge + spoken language(s): Margaret Dunkan 7. Are there any specific reception conditions foreseen for vulnerable asylum seekers? Minors: Separated minors (unaccompanied minors) are under the care of the Health Service Executive (HSE) and are not the responsibility of the Department of Justice. If a separated minor presents himself to an immigration officer the HSE will be contacted and a social worker will come to meet the minor. He or she will be placed in foster care or in temporary emergency accommodation. If he or she is staying in emergency accommodation a foster home will be found within a few days and the minor must reside with this person/family. Each separated minor is assigned a social worker who is responsible for him or her. Families with children: Families are accommodated in specific centres where there is more space and larger rooms. Each family will have one room if the children are aged under 18. If there are teenagers and younger children in the family generally a second room will be provided for the older children. The children will be enrolled in a local school as soon as is possible. The centre manager will assist with this. Pregnant women: A pregnant woman will usually be accommodated in a Reception or Direct Provision centre which is close to a maternity hospital (Giorgian Court or Hatch Hall commonly). Persons with medical problems: There is no explicit official policy on this. However if someone is unwell and is obviously in need of medical attention they may be housed in Balseskin Centre which has a medical clinic on site. Every asylum seeker in Ireland is entitled to a Medical Card which enables them to access free healthcare and medication. Persons with psychological problems: Again, there is no specific reception conditions foreseen for this group but in every centre there will be access to medical care. If a hostel manager feels someone is very unwell a doctor can be called at any time. In Hatch Hall a GP (general practitioner) holds a clinic there once a week. This GP can make a referral for an asylum seeker to visit a psychologist or attend counselling or torture treatment. 8. Brief outline of asylum procedure in the receiving country, and possibility for appeals. Upon arrival in Ireland an asylum seeker will have an initial interview conducted by an immigration officer or an ORAC (Office of the Refugees Applications Commissioner) official. 5

6 The applicant is asked to fill out an application form and briefly set out the details of the claim. Once the application is thereby lodged, the asylum seeker is requested to fill out another, more detailed questionnaire within seven or eight working days. Later, s/he is invited to a substantive interview carried out by an ORAC caseworker and with the assistance of an interpreter. The applicant can be assisted by a legal representative. A written record of the interview, together with the record of the initial interview, the filled in questionnaires, and any other relevant documentation form the basis upon which the caseworker prepares a report for the Refugee Appeals Commissioner, which must be signed off on by a higher official. On this, the Refugee Applications Commissioner must recommend to the Minister of Justice either that refugee status be granted or the application refused. If the Refugee Applications Commissioner recommends the refusal of the application because it was withdrawn or is deemed to be withdrawn, there is no appeal against such recommendation. Against the recommendation of denying refugee status on other grounds, an appeal can be lodged with the Refugee Appeals Tribunal (RAT). If the RAT s decision is positive, the applicant receives a declaration as a refugee by the Minister of Justice subject to considerations of national security or public order. On a negative decision of the RAT, the Minister may refuse to give a declaration as a refugee and make arrangements for the applicant s removal from Ireland. A negative decision of the RAT or a Minister s decision to make a deportation order requiring the applicant to leave Ireland can not be contested at court of justice. Instead, the asylum seeker has four options: (1) To make representations to the Minister within 15 working days setting out humanitarian reasons for leave to remain. (2) To leave Ireland before the Minister decides the matter and inform the Minister in writing of the arrangements having been made for this purpose. (3) To consent to the making of the deportation order within 15 working days. (4) To apply for subsidiary protection. You can only apply for subsidiary protection once refugee status has been denied. There is a bill passing through government at the moment which would change this but it is not likely to be passed or come into effect in the near future. Website(s) where additional info on asylum procedure may be found: 6

7 Addresses and contacts 1. State Departments 1.1. In charge of the Dublin Request (ingoing and outgoing) Name of department: Department of Justice, Equality & Law Reform Irish Naturalisation and Immigration Service Postal address: Burgh Quay, Dublin 2 Phone: Lo-Call: immigration_mail@justice.ie Website: Person(s) in charge + spoken language(s): Pat Folan Phone: immigration_mail@justice.ie Introduction of the asylum claim: Name of department: Office of Refugees Applications Commissioner (ORAC) Postal address: Lower Mount Street, Dublin 2 Phone: Fax: oracmail@orac.ie Website: Examination on the asylum application: Name of department: Office of Refugees Applications Commissioner (ORAC) Postal address: Lower Mount Street, Dublin 2 Phone: Fax: oracmail@orac.ie Website: Appeal: Name of department: Refugee Appeals Tribunal Postal address: 6/7 Hanover Street East, Dublin 2 Phone: Fax: info@refappeal.ie Website: In charge of the reception of asylum seekers Name of department: Reception and Integration Agency (RIA) 7

8 Postal address: Block C, Ardilaun Centre, St Stephens Green, Dublin 2 Phone: Fax: RIA_Inbox@justice.ie Website: Person(s) in charge + spoken language(s): 1. Name: Ultan Ryan (Assistant Principal Officer) Phone: info@justice.ie 2. Name: Steve Magner (Assistant Secretary) Phone: RIA_inbox@inbox.ie Reception facilities for asylum seekers transferred from another EU member state: 1. Name of reception centre: Hatch Hall Postal address: 28 Lower Hatch St, Dublin 2 Phone: Person(s) in charge + spoken language(s): Rachel Thornburgh 2. Name of reception centre: Balseskin Reception Centre Postal address: St Margaret s Road, Finglas, Dublin 11 Phone: Person(s) in charge + spoken language(s): Brian Byrne, Linda McDonnell 3. Name of reception centre: Georgian Court Postal address: Lower Gardiner Street, Dublin 1 Phone: Person(s) in charge + spoken language(s): Margaret Dunkan 2. NGO able to give reliable information on reception conditions for asylum seekers and asylum procedure 1. Irish Refugee Council Postal address: 1st & 2nd Floors, 18 Dame Street, Dublin 2 Phone: Fax: info@irishrefugeecouncil.ie Website: Person(s) in charge + spoken language(s): Robin Hanan (Chief Executive Officer) 8

9 Disclaimer The organisation that gathered the data contained within this information sheet has taken all reasonable measures to ensure that the material provided is correct, reliable and accurate to the most extent possible. However, the Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet does not accept responsibility for the correctness, reliability, accuracy and completeness of the data contained within this information sheet. The Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet hereby disclaim all liability for any negative consequence or damage whatsoever and howsoever incurred in reliance upon the information provided. Users that find errors within this information sheet, or discrepancies between the information provided and its implementation in practice, are kindly requested to contact both the organisation that gathered the data for this information sheet, and the Jesuit Refugee Service-Europe All feedback will be assessed for correctness, reliability and accuracy. The data within this information sheet will be updated at least once every year, or more frequently in accordance with received feedback. September 2011 Information gathered by Organisation: JRS-Ireland Contact person: Elizabeth O Rourke Postal address: 20 Upper Gardiner Street, Dublin 1, Ireland Phone: Fax: Website: 9