There are a number of means of entry into the Republic of Ireland. Individuals may enter as migrant workers, for non-EEA or Swiss citizens policy governing entry for employment is not set down in legislation. Such persons must obtain employment permits, work authorisations or work visas to enter the Republic to work. Individuals may also enter to join family members who have come to the Republic of Ireland as migrant workers (see 8.8 – Family Reunion).

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There are a number of means of entry into the Republic of Ireland. Individuals may enter as migrant workers, for non-EEA or Swiss citizens policy governing entry for employment is not set down in legislation. Such persons must obtain employment permits, work authorisations or work visas to enter the Republic to work. Individuals may also enter to join family members who have come to the Republic of Ireland as migrant workers (see 8.8 – Family Reunion).

Citizens of the EU have the right to move and reside freely within the Republic of Ireland as a member State of the European Union this is laid down in Article 18(1) of the Treaty of Maastricht (1992). In 1994 the European Economic Area Agreement was signed between the EU and Norway, Iceland and Liechtenstein. As a result nationals of these states may work in Ireland without employment permits. The European Communities and Swiss Confederation Act (2001) which came into force in June 2002 allows Swiss nationals the same rights as nationals in Ireland and they may therefore engage in employment without employment permits or authorisations. EEA and Swiss nationals do not require visas to enter the Republic of Ireland and need only show their passport or national identity card to enter the country. Ireland and the UK share a Common Travel Area and may therefore travel to Ireland to seek employment or for any other reason without being subjected to immigration controls although they may be required to show their passports or some other form of identification.

People entering the Republic of Ireland to claim asylum may make an application under the Refugee Act (1996) as amended by section 11(1) of the Immigration Act 1999 and section 9 of the Illegal Immigrants (Trafficking) Act (2000). The definition of a refugee in the Refugee Act follows the definition laid down in the 1951 Convention Relating to the Status of Refugees. Applicants are required to complete an application form either at the port of entry or the office of the Refugees Applications Commissioner, and will subsequently be interviewed under section 8, of the Refugee Act (1996). They may then be given notice that their application will be considered under the EU Dublin Convention to assess whether another State is responsible for the application. Under section 22 of the Act the Minister may make such orders as appear necessary to give effect to that Convention, including examining the application in the State or transferring it to another Convention State.

Applicants for asylum will be given questionnaires which must be completed and returned within a specified time, if they are not returned applications for asylum may be deemed manifestly unfounded under section 12(4)(f) of the Refugee Act (1996) as amended. Persons will also be required to have their fingerprints taken and again if they do not do so the application may be deemed manifestly unfounded. Once the questionnaire is returned a Temporary Residence Certificates will be issued to the applicant and they will be referred to the Directorate for asylum supports who will arrange accommodation (see 8.4 – Migrant Rights and Entitlements). Ireland also accepts Programme Refugees invited to Ireland by Government Decision in response to a humanitarian request usually made by UNHCR for temporary protection or resettlement.

The application for asylum will be refused if it is considered manifestly unfounded or has been refused after substantive consideration. Applications are deemed manifestly unfounded on a number of grounds including: where there appeared to be no grounds on the face of the application for refugee status; the Refugee Applications Commissioner is satisfied that the individual is not in fear of persecution; the applicant has made misleading statements or destroyed documents in bad faith; the applicant has made the application for the sole purpose of avoiding removal; or they have been recognised as refugee in another State. If the application for asylum is refused for any reason the individual has subsequent rights to appeal against this decision (see 8.9 – Legal Recourse).

If the Minister is considering a deportation order against the person who has been refused asylum representations may be made under section 3(6) of the Immigration Act 1999, for a permission to stay in Ireland on the grounds set out in the Act which include humanitarian considerations, family and domestic circumstances, the persons character and conduct and the nature of their connection with the State. Under the section 4(1) of the Criminal Justice Act (UN Convention against Torture) Act (2000) the Minister for Justice should not return individuals were there are substantive grounds for believing that the person would be in danger of being subjected to torture. If representations succeed under this provision individuals are given the discretionary status of leave to remain on humanitarian grounds.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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