Number 17 of 1996 REFUGEE ACT 1996 REVISED Updated to 20 April 2015 This Revised Act is ...

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Number 17 of 1996
REFUGEE ACT 1996
REVISED
Updated to 20 April 2015
This Revised Act is an administrative consolidation of Refugee Act 1996. It is prepared
by the Law Reform Commission in accordance with its function under Law Reform
Commission Act 1975 (3/1975) to keep the law under review and to undertake revision
and consolidation of statute law.
AllActsuptoandincludingValuation(Amendment)Act2015(10/2015),enacted23April
2015, and all statutory instruments up to and including European Union (Subsidiary
Protection) (Amendment) Regulations 2015 (S.I. No. 137 of 2015), made 16 April 2015,
were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the
Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email to
[email protected].

Number 17 of 1996
REFUGEE ACT 1996
REVISED
Updated to 20 April 2015
Introduction
ThisRevisedActpresentsthetextoftheActasithasbeenamendedsinceenactment,
and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of
2006) and European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2014)
deal with similar subject matter.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments,
statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been
superseded by other amendments in other legislation, or the amended legislation
may have been repealed or revoked. This information is not represented in this
revision but will be reflected in a revision of the amended legislation if one is
available.
Wherelegislationorafragmentoflegislationisreferredtoinannotations,changes
to this legislation or fragment may not be reflected in this revision but will be
reflected in a revision of the legislation referred to if one is available.
AlistoflegislativechangestoanyAct,andtostatutoryinstrumentsfrom1999,may
be found may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)
i
• Child and Family Agency Act 2013 (40/2013)
• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
(24/2010)
• Health Act 2004 (42/2004)
• Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)
• Immigration Act 2004 (1/2004)
• Immigration Act 2003 (26/2003)
• Illegal Immigrants (Trafficking) Act 2000 (29/2000)
• Immigration Act 1999 (22/1999)
All Acts up to and including Valuation (Amendment) Act 2015 (10/2015), enacted
23 April 2015, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Dublin System) Regulations 2014 (S.I. No. 525 of 2015)
• Finance(TransferofDepartmentalAdministrationandMinisterialFunctions)Order
2011 (S.I. No. 418 of 2011)
• Refugee Act 1996 (Travel Document and Fee) Regulations 2011 (S.I. No. 404 of
2011)
• Refugee Act 1996 (Asylum Procedures) Regulations 2011 (S.I. No. 52 of 2011)
• EuropeanCommunities(AsylumProcedures)Regulations2011(S.I.No.51of2011)
• European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518
of 2006)
• Refugee Act 1996 (Safe Countries of Origin) Order 2004 (S.I. No. 714 of 2004)
• Refugee Act (Section 22) (Amendment) Order 2004 (S.I. No. 500 of 2004)
• Refugee Act 1996 (Appeals) Regulations 2003 (S.I. No. 424 of 2003)
• Refugee Act 1996 (Section 22) Order 2003 (S.I. No. 423 of 2003)
• Refugee Act 1996 (Safe Countries of Origin) Order 2003 (S.I. No. 422 of 2003)
• Refugee Act, 1996 (Appeals) Regulations 2002 (S.I. No. 571 of 2002)
• Refugee Act 1996 (Temporary Residence Certificate) Regulations 2002 (S.I. No.
426 of 2002)
• Refugee Act 1996 (Commencement) Order 2000 (S.I. No. 365 of 2000)
• Refugee Act, 1996 (Transitional) Regulations 2000 (S.I. No. 348 of 2000)
• Refugee Act, 1996 (Travel Document) Regulations 2000 (S.I. No. 347 of 2000)
• Refugee Act, 1996 (Temporary Residence Certificate) Regulations 2000 (S.I. No.
346 of 2000)
• Refugee Act, 1996 (Application Form) Regulations 2000 (S.I. No. 345 of 2000)
• RefugeeAct,1996(PlacesandConditionsofDetention)Regulations2000(S.I.No.
344 of 2000)
• Dublin Convention (Implementation) Order, 2000 (S.I. No. 343 of 2000)
• Refugee Act, 1996 (Appeals) Regulations 2000 (S.I. No. 342 of 2000)
• Refugee Act 1996 (Section 23) (Commencement) (No. 3) Order 2000 (S.I. No. 341
of 2000)
• Refugee Act, 1996 (Establishment Day) Order 2000 (S.I. No. 309 of 2000)
• Refugee Act, 1996 (Sections 14 and 15 and Second Schedule) (Commencement)
(No. 2) Order 2000 (S.I. No. 308 of 2000)
• RefugeeAct1996(Section6andFirstSchedule)(Commencement)Order2000(S.I.
No. 8 of 2000)
• RefugeeAct,1996(Section22(6)(A))(DesignatedCountries)Order1997(S.I.No.
376 of 1997)
• Dublin Convention (Implementation) Order 1997 (S.I. No. 360 of 1997)
• Refugee Act, 1996 (Sections 1, 2, 5, 22 and 25) (Commencement) Order 1997 (S.I.
No. 359 of 1997)
• Refugee Act, 1996 (Section 24(1)) (Commencement) Order 1996 (S.I. No. 290 of
1996)
AllstatutoryinstrumentsuptoandincludingEuropeanUnion(SubsidiaryProtection)
(Amendment) Regulations 2015 (S.I. No. 137 of 2015), made 16 April 2015, were
considered in the preparation of this revision.
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Number 17 of 1996
REFUGEE ACT 1996
REVISED
Updated to 20 April 2015
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.
7A. Establishment of Refugee Advisory Board.
8. Applications for declaration.
9. Leave to enter or remain in State.
9A. Powers of authorised officers and immigration officers.
10. Provisions relating to detained persons.
11. Investigation of applications by Commissioner.
11A. Burden of proof.
11B. Credibility.
11C. Duty to co-operate.
12. Prioritisation of 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 docu-
ments.
21. Revocation of declaration.
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[No.17.] Refugee Act 1996 [1996.]
Section
22. Dublin Convention, agreements with safe third countries etc.
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.
28A. Transitional.
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
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Number 17 of 1996
REFUGEE ACT 1996
REVISED
Updated to 20 April 2015
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 APPLICA-
TIONS 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
COMMISSIONERANDTHEESTABLISHMENTOFABOARDTOBEKNOWNASTHEREFUGEE
APPEALBOARDANDTOPROVIDEFORMATTERSRELATEDTOTHEMATTERSAFORESAID.
[26th June, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
EditorialNotes:
E1 EuropeanUnion(DublinSystem)Regulations2014(S.I.No.525of2014),signed25.11.2014,support
theoperationintheStateofRegulation(EU)No.604/2013oftheEuropeanParliamentandofthe
Councilof26June2013establishingthecriteriaandmechanismsfordeterminingtheMember
Stateresponsibleforexamininganapplicationforinternationalprotectionlodgedinoneofthe
MemberStatesbyathird-countrynationalorastatelessperson.
E2 FunctionsinrelationtoActtransferredfromHealthServiceExecutivetoChildandFamilyAgency
(1.01.2014)byChildandFamilyAgencyAct2013(40/2013),s.82andsch.1,S.I.No.502of2014.
E3 ProvisionforretentionanddeletionofpassengerdatainrespectofoffenceunderActmade
(1.11.2011)byEuropeanCommunities(CommunicationofPassengerData)Regulations2011(S.I.
No.597of2011),ineffectasperreg.1(2).
E4 EuropeanCommunities(EligibilityforProtection)Regulations2006(S.I.No.518of20106),as
amendedbyS.I.No.426of2013,giveeffect(10.10.2006)toCouncilDirective2004/83/ECof29
April2004onminimumstandardsforthequalificationandstatusofthirdcountrynationalsor
statelesspersonsasrefugeesoraspersonswhootherwiseneedinternationalprotectionandthe
contentoftheprotectiongranted.
E5 FunctionsinrelationtoActtransferredtoHealthServiceExecutiveandreferencestofunctional
areasconstrued(1.01.2005)byHealthAct2004(42/2004),ss.59,67andsch.3item22,S.I.No.
887of2004.
3
S.1 [No.17.] Refugee Act 1996 [1996.]
E6 Actreferredtoindefinitionofhealthandpersonalsocialservices(23.12.2004)byHealthAct2004
(42/2004),s.2andsch.1,S.I.No.886of2004.
Interpretation. 1.—(1) In this Act, unless the context otherwise requires—
F1[‘the Tribunal’ means the Refugee Appeals Tribunal 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;
“theDublinConvention”meanstheConventiondeterminingthestateresponsiblefor
examiningapplicationsforasylumlodgedinoneoftheMemberStatesoftheEuropean
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;
“theHighCommissioner”meanstheUnitedNationsHighCommissionerforRefugees
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
ofwhich,intheEnglishlanguage,is,forconvenienceofreference,setoutintheThird
Schedule to this Act);
“immigrationofficer”meansanimmigrationofficerappointedundertheAliensOrder,
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
alsoincludesmembershipofagroupofpersonswhosedefiningcharacteristicistheir
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.
F2[‘Regulationsof2006’meanstheEuropeanCommunities(EligibilityforProtection)
Regulations 2006 (S.I. No. 518 of 2006);]
F3[‘Regulationsof2013’meanstheEuropeanUnion(SubsidiaryProtection)Regulations
2013;]
F4[‘working day’ means any day not being a Saturday, Sunday or public holiday;]
(2) In this Act—
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S.1 [No.17.] Refugee Act 1996 [1996.]
(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 indi-
cated that reference to some other enactment is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the
subsection,paragraphorsubparagraphoftheprovisioninwhichthereference
occurs unless it is indicated that reference to some other provision is
intended.
Annotations
Amendments:
F1 Substituted(20.01.2000)byImmigrationAct1999(22/1999),s.11(1)(a)(i),S.I.No.9of2000.
F2 Inserted(1.03.2011)byEuropeanCommunities(AsylumProcedures)Regulations2011(S.I.No.51
of2011),reg.3,ineffectasperreg.1(2).
F3 Inserted(14.11.2013)byEuropeanUnion(SubsidiaryProtection)Regulations2013(S.I.No.426of
2013),reg.33,ineffectasperreg.1(2).
F4 Inserted(20.01.2000)byImmigrationAct1999(22/1999),s.11(1)(a)(ii),S.I.No.9of2000.
EditorialNotes:
E7 Powerpursuanttosectionexercised(20.11.2000)byRefugeeAct,1996(ApplicationForm)Regula-
tions2000(S.I.No.345of2000),ineffectasperreg.1(2).
E8 Previousaffectingprovision:powerpursuanttosectionexercised(20.11.2000)byRefugeeAct,
1996(TravelDocument)Regulations2000(S.I.No.347of2000),ineffectasperreg.1(2);revoked
(1.08.2011)byRefugeeAct1996(TravelDocumentandFee)Regulations2011(S.I.No.404of2011),
ineffectasperreg.2(1).
“Refugee”. 2.—In this Act “a refugee” means a person who, owing to a well founded fear of
beingpersecutedforreasonsofrace,religion,nationality,membershipofaparticular
social group or political opinion, is outside the country of his or her nationality and
isunableor,owingtosuchfear,isunwillingtoavailhimselforherselfoftheprotection
of that country; or who, not having a nationalityand being outsidethe 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)isreceivingfromorgansoragenciesoftheUnitedNations(otherthantheHigh
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,
F5[(c) there are serious grounds for considering that he or she—
(i) 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,
(ii)hascommittedaseriousnon-politicalcrimeoutsidetheStatepriortohis
or her arrival in the State, or
(iii) has been guilty of acts contrary to the purposes and principles of the
United Nations.]
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S.2 [No.17.] Refugee Act 1996 [1996.]
(d) F6[...]
(e) F6[...]
Annotations
Amendments:
F5 Substituted(15.09.2003)byImmigrationAct2003(26/2003),s.7(a),S.I.No.415of2003.
F6 Deleted(15.09.2003)byImmigrationAct2003(26/2003),s.7(a),S.I.No.415of2003.
EditorialNotes:
E9 Actsofpersecutionforpurposesofsectionprescribed(10.10.2006)byEuropeanCommunities
(EligibilityforProtection)Regulations2006(S.I.No.518of2006),reg.9,ineffectasperreg.1(2).
Extension to 3.—(1) Subject to section 17(2), a refugee in relation to whom a declaration is in
refugees of force shall be entitled to the same rights and privileges as those conferred by law on
certain rights.
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)Withoutprejudicetothegeneralityofsubsection(1)orsection3oftheAliens
Act,1935,andnotwithstandinganythingcontainedinsection45oftheLand
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
declarationisinforceshallbeentitledtoacquire,hold,disposeorotherwise
dealwithrealorpersonalpropertyoraninterestinsuchpropertyinthelike
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