There are a number of non-judicial means of legal recourse for refusal of entry or stay in the Republic of Ireland. People whose visa applications have been refused, such as visas for the purposes of employment, may apply to the Visa Section of the Department of Justice, Equality and Law Reform in writing in order for their application to be reviewed by a more senior official. Before making such requests they can request the reasons for the initial refusal of their application. Reasons are not automatically provided and may contain important information of relevance to their appeal.

More

There are a number of non-judicial means of legal recourse for refusal of entry or stay in the Republic of Ireland. People whose visa applications have been refused, such as visas for the purposes of employment, may apply to the Visa Section of the Department of Justice, Equality and Law Reform in writing in order for their application to be reviewed by a more senior official. Before making such requests they can request the reasons for the initial refusal of their application. Reasons are not automatically provided and may contain important information of relevance to their appeal. Their appeal is reviewed internally on the papers and they are expected to provide more information than was submitted with the original application. The decision of the appeal is communicated in writing. Appeals against the refusal of visas for family reunification must be made in the same way, to the Family Reunification Sector of the Department of Justice. Decisions are made in writing, there have complaints that there is lack of transparency in the process and that persons seeking family reunion should be allowed to apply through a different mechanism that takes into account their particular situation.

Asylum applicants who have been denied refugee status have a right to appeal against the decision by the Refugee Applications Commissioner. Applicants whose claims have been deemed manifestly unfounded (see 8.2 – Immigration law and policy) are informed of this decision by post and given ten working days from the sending of the Notice to appeal against the decision. If an appeal is not made the Refugee Applications Commissioner informs the Minister of Justice of his recommendation that refugee status should not be granted, the Minister of Justice may then refuse to provide a declaration of refugee status and make arrangements for deportation. If an applicant does decide to appeal they must submit in writing a completed Notice of Appeal form to the Refugee Appeals Tribunal. All relevant documentation and supporting evidence must be sent with the form, this will be the basis on which the appeal is decided and the applicant will not have an opportunity to appear and make representations at the appeal, the appeal being on the papers only. The Refugee Legal Service provides legal advice to appellants for a small fee otherwise private legal advice may be sought. If the appeal is unsuccessful the Minister of Justice is informed of this and he may again refuse to provide a declaration of refugee status and may begin the deportation process. If the appeal is successful the application is returned to the Refugee Applications Commissioner for consideration.

Asylum claimants whose applications have been refused on the substance of the application will receive a report from the Refugee Applications Commissioner detailing his findings under recommendation that a declaration of refugee status should not be granted. There is a right of appeal against this decision, which must be lodged within 15 days of the Notice being received. Again a Notice of Appeal form must be submitted to the Refugee Appeals Tribunal with all supporting evidence and documentation. The applicant may request an oral hearing, which may include requesting individuals to attend to support their appeal. Otherwise the appeal is considered on the papers. For those who request an oral hearing a notification is sent to them seven days prior to the hearing which is conducted by a member of the Refugee Appeals Tribunal, if the applicant fails to attend the original refusal of their asylum application will be upheld unless a reasonable explanation is provided within three days of the date of the hearing. The outcome of the appeal is notified to the applicant and their solicitor in writing. The Tribunal will also communicate the decision to the Minister of Justice who may uphold its decision and either make a declaration of refugee status if it is successful, or if it is refused make arrangements for deportation.

Migrant workers have a number of options for legal recourse in the event of discrimination in employment (see 8.5 – Migrant workers).

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

Hide