Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted leave to land and gain entry to the State. In performing their duties, an Officer is required to consider all of the circumstances relating to the individual at the time of entry. Section 4(3) of that Act sets out the full range of grounds on which a passenger may be refused level to enter.
If an individual presents at a port of entry without proper documentation, or without a valid visa for entry if required, they are generally refused leave to land and returned to the country they have arrived from as soon as is practicable.
Where an individual indicates or is identified as being in need of international protection they are admitted to the international protection process in line with our international human rights and legal obligations.
With regard to the establishment of a person’s identity and nationality, this is an important feature of our immigration process in general. When it comes to international protection applicants, each person that enters the process is fingerprinted and photographed. These fingerprints are checked against EURODAC, an EU database which stores the fingerprints of asylum applicants and those who have crossed borders illegally.
Current operational guidelines requires an individual who applies for asylum at a port or airport to present the next working day at the International Protection Office in Dublin. Arrangements are made for such persons to be accommodated by IPAS overnight if necessary.
In relation to the difference between a preliminary and personal interview, the former is carried out under Section 13 of the International Protection Act 2015 and happens either at a port of entry, or the IPO, depending on where the application is first made. The Section 13 interview is used to establish information such as the applicant's identity, nationality, route of travel and the basis of their claim. As part of this initial interview, the applicant is required to present their contact details, including their address in Ireland where they have one.
When the International Protection Office (IPO) accepts an application for international protection, the applicant will receive a Temporary Residence Certificate (TRC) and a formal, but limited, permission to remain in the State while their case is pending.
Following an application for international protection, the personal interview (carried out under Section 35 of the IP Act 2015) is scheduled to take place at a later date. This is considered the substantive interview and is conducted in person or by video conference, by an International Protection Officer or contracted IPO Panel Member. All caseworkers are highly trained in assessing applications and interviewing. This in-depth interview allows the applicant to put forward their case for protection.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.
The Department's website a detailed overview of the International Protection process in Ireland which can be accessed at:
www.gov.ie/en/campaigns/304ba-international-protection/
