| Irish Naturalisation and Immigration Service (INIS) Department of Justice, Equality and Law Reform. |
An application for a declaration as a refugee is made to the Minister for Justice, Equality and Law Reform, although the Refugee Applications Commissioner accepts the application and carries out the initial investigation.
The Minister for Justice, Equality and Law Reform is the person who will make the decision to either grant or refuse a declaration as a refugee in accordance with section 17 of the Refugee Act, 1996 (as amended). The decision of the Minister will be based on the recommendation of the Refugee Applications Commissioner or the Refugee Appeals Tribunal (if appropriate).
In the case of a person who has been issued a Notice of refusal for a declaration as a refugee, the Minister may make an order in accordance with section 3 of the Immigration Act, 1999 requiring that person to leave the State.
The Minister also decides applications for leave to remain. Leave to remain is a status which is granted at the discretion of the Minister for Justice, Equality and Law Reform to persons whose claims to asylum are not considered to meet the criteria set out in the 1951 Geneva Convention but who are not returned home for humanitarian or for some other compelling reason. Persons granted leave to remain have many of the same rights as persons granted refugee status.
| Refugee Appeals Tribunal (RAT) |
The function of the Refugee Appeals Tribunal is to consider and decide appeals against recommendations of the Refugee Applications Commissioner and make recommendations to the Minister.
An appeal is dealt with by a member of the Refugee Appeals Tribunal, a person independent of the Minister and the Refugee Applications Commissioner with at least 5 years experience as a practicing solicitor or barrister.
| Reception and Integration Agency (RIA) |
The Reception and Integration Agency is responsible for co-ordinating the services provided to asylum seekers. These services include the provision of accommodation, health care, education and welfare to asylum seekers
| Refugee Legal Service (RLS) |
The RLS is the office established by the Legal Aid Board to provide a low-cost independent and confidential legal services to asylum seekers and refugees. The RLS can provide advice to applicants before submission of the questionnaire or prior to attendance at interview and can also make written submissions to ORAC in support of an application. The RLS can also provide representation before the RAT.
To qualify for legal services an individual's income should not exceed €13,000 per annum. A charge of €6 is payable for legal advice. For representation before the RAT or the High Court, the applicant must pay €35. However, if an advice charge has already been paid, the balance due will be €29. Although persons in receipt of social welfare will generally be eligible for legal advice at the minimum contribution rate, those in receipt of direct provision from the state may apply to have some of their contribution waived at the discretion of the Legal Aid Board.
The staff of the RLS includes solicitors and caseworkers. All RLS staff are required to have Refugee Status Determination training. Due to the demand for their services, the RLS provide most of their assistance at appeal stage of the asylum process.
| Refugee Documentation Centre (RDC) |
The Refugee Documentation Centre is an independent library service, provided under the aegis of the Legal Aid Board. Its role is to maintain a collection of objective and up-to-date country of origin information and asylum, immigration, legal and human rights documentation. The RDC serves the needs of UNHCR, RLS, ORAC, RAT, and the Department of Justice, Equality and Law Reform. The services and materials in the RDC are available to all organisations equally. Other users, including barristers and solicitors may have access by prior appointment. A research and query service is provided to the RLS, ORAC, RAT and solicitors and barristers associated with these organisations. It is not possible to provide a query service to members of the public, but they are free to carry out their own research in the RDC.
| Garda National Immigration Bureau (GNIB) |
The Garda National Immigration Bureau (GNIB) is responsible for all Garda operations pertaining to immigration matters in the State, including the carrying out of deportation orders that are issued by the Minister for Justice, Equality and Law Reform.