Step by step by Michael McCarthy Flynn

Step by Step

AN INFORMATION RESOURCE FOR MEMBERS OF THE NEW COMMUNITIES

Compiled by Fidèle Mutwarasibo and Michael McCarthy

CA N A L CO M M U N I T I ES PA R T NE R S H I P 197 Tyrconnell Road, Inchicore, Dublin 8 Phone

01 473 2196

Fax

01 453 4857

canalcp@iol.ie

PREFACE As part of our work in addressing disadvantage and social exclusion, Canal Communities Partnership has recognised the importance of responding to the needs of those people from different cultures and countries who have come to live in this area over the past few years. The term ‘New Communities’ is used to describe those many people from a range of countries who have come to live in Ireland. The term is an appropriate one, because not only are the people new to this country, they are also coming to live in and with communities, be that in Rialto, Inchicore, Bluebell, Islandbridge or Kilmainham. To these communities they bring a richness and diversity which is to be celebrated. But they also come facing many challenges – often not knowing the language,living in poor accommodation,unable to work,and living on low incomes, to name but a few. There is a need,therefore, for support, for information and for the development of appropriate community responses. Within our community development approach, Canal Partnership is not only working to create links between the local communities and people new to the area, but also to ensure that new residents are supported to articulate and pursue their own needs. The production of this information resource may be seen,therefore,as part of a process of sharing information and strengthening the capacity of ‘New Community’ residents to negotiate their way around the society they now live in. Canal Communities Partnership would like to thank all those who contributed to this publication,particularly the following: Chris Binclcou,Fr Pat Carolan, Anne Clear, Richard Davies, Sikiru Ejide,Toyin Ejide,Tom Farrell, Alice Feldman, Siobhan Geoghegan, Veronica Kavanagh, CherifLabeche, Olive Monaghan, Mary Moore, Anne Moroney, Georges Franklin Nweke,Idris Lemsoye Oladipupo, Colm O’Brien, Sr. Brid O’Donovan, Sr. Nora O’Neill,Ezekiel Oshaye, Ruth Parkin,James Stapleton, Obembe Tajudeen,members of staff of the Canal Communities Partnership and the Local Employment Services, The National Anti-Racism Awareness Programme, Unilever Bestfoods Ireland,Gowan Distributors Limited and all community, voluntary and statutory agencies contacted during the process of putting together this document. We trust that this information resource will be of practical benefit to people coming to live in our communities.

Canal Communities Partnership November 2002

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INTRODUCTION This Information Resource was formulated in response to a need for comprehension and clear information relating to all aspects of immigration in Ireland identified by the Canal Communities Partnershipâ&#x20AC;&#x2122;s Working Group on New Communities. The publication aims to be a resource for members of the New Communities, by providing them with accurate details of their various rights and entitlements,as well as their responsibilities,in relation to Irish law. It is also hoped that it will be a valuable aid to local community/voluntary groups,and the wider general public,by providing them with a reference point concerning the different aspects of immigration that can be somewhat confusing, and easily misrepresented. This publication by no means claims to contain a complete account of all issues relating to immigration, but it is hoped that the many contact points quoted in the pack will provide people with easy access to information relating to any outstanding issues not covered in this publication. We would like to take this opportunity to thank all those who participated in the compilation of this Information Pack,especially the members of the Working Group on the New Communities. Every effort has been made to ensure that the information was accurate before going to press. No responsibility can be accepted for errors in the text or for omissions. Finally, it is recognised that providing information in as many different languages as possible is an essential component in insuring that information is distributed widely among immigrant populations. Unfortunately such a consideration was beyond the scope of this project. We hope to rectify this in the foreseeable future.

CONTENTS

CO N T E N T S 7 7 8

Section 1 INTRODUCTION TO IMMIGRATION 1.1 General Overview 1.2 Entry Visa Requirements

10 Section 2 THE RIGHTS AND ENTITLEMENTS OF NON-IRISH NATIONALS LIVING IN IRELAND 10 2.1 EU Citizens. 11 2.2 Business permission 11 2.2.1 Do all non-EEA Nationals require Business Permission? 11 2.2.2 How does someone qualify for Business Permission? 12 2.2.3 What ifthe applicant cannot meet the €300,000 minimum capital investment or employ two EEA Nationals? 12 2.3 Immigrant workers 13 2.3.1 Work Permit system 14 2.3.2 Work Visa/Authorisation system 15 2.4 Students 16 2.5 Residents 17 2.6 Refugees 17 2.6.1 Programme Refugees 17 2.6.2 Convention Refugees 18 2.7 Asylum Seekers 18 2.7.1 Overview of the asylum legislation 18 2.7.1.1 Refugee Act 1996 19 2.7.1.2 Dublin Convention 19 2.7.1.3 1951 Geneva Convention 19 2.7.1.4 (New York) Protocol 1967 19 2.7.1.5 Immigration Act 1999 (Deportation) Regulations 2002 20 2.7.1.6 Illegal Immigrant (Trafficking) Act 2000 20 2.7.2 Applying for Asylum 22 2.7.2.1 Before the interview 23 2.7.2.2 The interview 23 2.7.2.3 After the interview 23 2.7.2.4 Manifestly unfounded applications 25 2.7.2.5 Refusal of status 26 2.7.2.6 Tables (Asylum process) 29 2.7.3 The Rights and Entitlements of asylum seekers under the Dispersal and Direct Provision Policy – asylum seekers who arrived after 10 April 2000 30 2.7.4 The Rights and Entitlements of asylum seekers who made their application for asylum in Ireland before 26 July 1999 31 2.7.5 The Rights and Entitlements of asylum seekers who made their application for asylum in Ireland between 26 July 1999 and 10 April 2000 32 2.8 Unaccompanied Minors/Separated Children 33 2.9 People who have been granted humanitarian leave to remain 33 2.10 Family Reunification

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35 35 35 36 36 37 37 37

2.11 Tables 2.11.1 Persons of Concern to UNHCR 2.11.2 Asylum Applications in the EU: Top 10 Countries of origin:1992-2001 2.11.3 Asylum Applications lodged in European Countries & Other Industrialised Nations for 1999,2000,2001 2.11.4 Immigrants to Ireland 1995–2000 2.11.5 Work Permits Granted for Non-EU Nationals 2.11.6 Asylum applications in Ireland:1994-2001 2.11.7 Top countries of origin of asylum seekers 2001

38 38 38 39 40 40 42 43 44 44 44 44 45 45 45 46 46 47 47 47 48 48 48 48 48 48 48 49 49 49 50 51 51 51 52 52 53 53 54 54 57 58 59

Section 3 GENERAL RIGHTS 3.1 Employment Rights 3.1.1 Local Employment Service (LES) 3.1.2 FÁS 3.1.3 Unemployment Assistance/Benefit 3.1.4 Back to Education Grant 3.1.5 Back to Work Allowance Scheme 3.1.6 Back to Enterprise Allowance 3.2 Housing Rights 3.2.1 Local Authority Housing 3.2.1.1 Residency Requirements 3.2.1.2 Eligibility for Dublin City Council Accommodation 3.2.1.3 The Application Procedure 3.2.1.4 Scheme of Letting Priorities 3.2.1.5 The Points System 3.2.1.6 Purchase of Local Authority Housing 3.2.1.7 Voluntary Housing Associations 3.2.2 Rented Accommodation 3.2.2.1 Deposits 3.2.2.2 Leases 3.2.2.3 Rent Books 3.2.2.4 Rent Increases 3.2.2.5 Notice to Quit 3.2.2.6 Standards 3.2.2.7 Eviction Orders 3.2.2.8 Privacy 3.2.2.9 Repairs 3.2.2.10 Services 3.2.2.11 Supplementary Welfare Allowance (Rent Allowance) 3.2.2.12 Finding Rented Accommodation 3.2.2.13 Types of Rented Accommodation 3.2.3 Supports for Purchasing a House 3.2.3.1 Local Authority Loans 3.2.3.2 Annuity Loan 3.2.3.3 Shared Ownership Mortgage 3.2.3.3 Tenant Purchase Scheme 3.2.3.4 First Time Buyers Grant 3.2.3.5 Rent Subsidies 3.3 Health Rights 3.3.1 Medical Card 3.3.2 Dietary Supplement 3.3.2 Drugs Payment Scheme 3.3.4 Long-Term Illness Scheme

CONTENTS

59 60 61 61 61 61 62 63 64 66 66 66 66 67 67 67 68 68 68 68 69 69 71 71 71

3.3.5

Maternity Care 3.3.5.1 Ante Natal Care 3.3.5.2 Home Birth 3.3.5.3 Giving Birth 3.3.5.4 Post Natal Care 3.3.5.5 Immunisation 3.3.5.6 Other Child Health Services 3.3.5.7 Support Services 3.3.6 Hospital Services 3.3.7 Private Health Insurance 3.3.8 Support Services for Drug Users 3.3.8.1 Rialto Community Drug Team 3.3.8.2 Inchicore Community Drug Team 3.4 Citizenship and Voting Rights 3.4.1 Becoming an Irish Citizen by Descent 3.4.2 Naturalisation 3.4.3 Post-Nuptial Citizenship 3.4.3.1 Irish Nationality and Citizenship Act 2001 3.4.4 How long does it take? 3.4.5 Dual or Multiple Citizenship 3.4.6 Giving up Irish Citizenship 3.4.7 Voting Rights 3.5 Education Rights 3.5.1 Entering School 3.5.1 ResourceTeacher

72 72 72 72 73 73 74 74 75 75 76 76 77

Section 4 EQUALITY LEGISLATION AND RELATED INSTITUTIONS 4.1 Employment Equality Act,1998 4.2 Equal Status Act,2000 4.3 Prohibition of Incitement to Hatred Act,1989 4.4 Equality Authority 4.5 ODEI â&#x20AC;&#x201C; the Equality Tribunal 4.6 Human Rights Commission 4.7 National Consultative Committee on Racism and Interculturalism 4.8 National Action Plan Against Racism 4.9 Employment Rights Information Unit 4.10 Garda Racial and Intercultural Office 4.11 National Anti-Racism Awareness Programme (Know Racism) 4.12 National Committee for Development Education (NCDE)

78 Section 5 GOVERNMENT AREAS OF RESPONSIBILITY: REFUGEES AND ASYLUM SEEKERS 78 5.1 Reception and Integration 78 5.2 Employment 78 5.3 Health 79 5.4 Education 79 5.5 Social Welfare 79 5.6 Housing/Accommodation 79 5.7 Legal Services 79 5.8 Family Reunification 80 5.9 International Bodies

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82 82 82 82

Section 6 IRISH CULTURE, NORMS AND FEAST DAYS 6.1 Irish Culture 6.2 Norms 6.3 Feast Days

87 SOURCES 88 GLOSSARY

I N T R O D U CT I O N TO I M M I G R AT I O N

1.1

I N T R O D U C T I O N TO I M M I G R AT I O N General overview An immigrant1 is someone who travels to another country to live or work. Immigration policy is overseen by the Department of Justice,Equality and Law Reform. There are many different types of immigrant groups who are legally entitled to enter, live or work in Ireland and they include: – Returned Irish migrants – Immigration from other EU (European Union2) and EEA (European Economic Area3) countries – Asylum Seekers – Programme Refugees – High-Skills immigration from non-EEA countries – Other immigration from non-EEA countries On the other hand ‘illegal immigrants’ are those who are in Ireland without proper authorisation. Although many asylum seekers may arrive without proper authorisation, and in an irregular way, they cannot be deemed illegal in the state while they exercise their legal right to apply for asylum. It is contrary to international law to penalise an asylum seeker who does not have valid visas or entry papers. Moreover, in many cases,the nature of an asylum seeker’s flight means that they are unlikely to have valid visas and paperwork to enter the country where asylum is sought,as prescribed by Article 31,of the Geneva Convention. Citizens of the EEA counties can legally enter, work and reside in the State. All other nationals from non-EEA States require the permission of the Minister for Justice, Equality and Law Reform to reside in the State. Nationals from non-EEA countries who do not need an Entry Visa (see Section 1.2) to enter the State, must satisfy an Immigration Official of certain conditions,if they wish to be granted 90 days permission to remain as a visitor upon arrival,including;that they have sufficient funds to support themselves,that they are travelling for reasons stated,they have proper documentation, that they are not a security threat. If such people wish to stay longer and work they must be in possession of either a Work Permit or a Work Authorisation upon arrival. Non-EEA nationals who do require an Entry Visa (See section 1.2) must obtain one from the relevant Irish Embassy or Consulate abroad,after it is processed by the Department

1 2 3

Alien or Non-National is the term most used for immigrants under Irish Law. The EU is comprised of Austria, Belgium, Denmark,Germany, Greece,Spain,Finland, France, Ireland, Italy, Luxembourg, Netherlands, Sweden, Portugal and the UK. The EEA is comprised of the member states of the European Union plus Iceland,Liechtenstein and Norway.

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of Foreign Affairs. However those in possession of an Entry Visa are also subject to immigration controls upon arrival in the State and must satisfy an Immigration Official that they fulfil the previously mentioned conditions. If they wish to stay longer than 90 days, to work,they must be in possession of a Work Permit or a Work Visa. Non-Irish nationals, who feel they fulfil the criteria for obtaining ‘Refugee Status’ under the 1951 Geneva Convention and 1996 Refugee Act (as amended) may apply for asylum at their port of entry or inland at the Office of the Refugee Applications Commissioner. They then begin the ‘asylum-process’ which legally entitles them to reside in the State (and sometimes work) until their application for asylum is processed. This process is overseen by the independent offices of the Refugee Applications Commissioner (RAC) and Refugee Appeals Tribunal (RAT) and is totally separate from employment-related immigration. Any non-EU national (excluding asylum seekers) who intends to remain for longer than 90 days must register with their local Garda Registration Officer. Those living in the Dublin Area must register with the Aliens Registration Office,Harcourt Street, Dublin 2. The non-EU national must keep the Registration Officer informed of changes in address or biographical details (e.g. marriage) as they arise. The Garda Registration Officer will place an immigration stamp in the person’s passport and registration document (green book). The green book is being phased out and replaced by a green card.There are six types of immigration stamps: – – – –

– –

Stamp 1:Work Permit; Stamp 2:Students; Stamp 3:Visitors (max.90 days); Stamp 4:Refugees, Permission to Remain, Humanitarian Leave to Remain,Spouses of Irish and other EU Nationals, Permission to Remain as Parent Irish Citizens, Work Visa; Stamp A:Temporary Registered Doctors; Stamp B:Spouses of Temporary Registered Doctors.

This is just a brief overview of current immigration procedures, which will be elaborated on in more detail later in this publication.

1.2

Entry Visa Requirements In general,all enquiries in relation to visas should be directed to: Visas Section Immigration Division Department of Justice, Equality and Law Reform 72/76 St Stephen’s Green, Dublin 2 Tel:(01) 678 9466 (Mon, Tues & Fri only) Email:info@justice.ie Website:www.justice.ie

Department of Foreign Affairs Email: visa@iveagh.irlgov.ie Website:www.gov.ie/iveagh/ Tel:(01) 478 0822 (2.30-4pm only)

I N T R O D U C T I O N TO I M M I G R AT I O N

FIRST SCHEDULE4 States whose citizens require an Entry/Transit Visa Afghanistan Albania Bulgaria Cuba Democratic Republic of Congo Ethiopia Eritrea Federal Republic of Yugoslavia (Serbia and Montenegro)

Ghana Iran Iraq Lebanon Moldova Nigeria Romania Somalia Sri Lanka

SECOND SCHEDULE States whose citizens do not require an Entry/Transit Visa Andorra Antigua & Barbuda Argentina Australia Austria Bahamas Barbados Belgium Belize Bolivia Botswana Brazil Brunei Canada Chile Costa Rica Croatia Cyprus Czech Republic Denmark Dominica El Salvador Estonia Fiji Finland France Germany Greece Grenada

Guatemala Guyana Honduras Hong Kong (Special Administrative Region) Hungary Iceland Israel Italy Jamaica Japan Kiribati Latvia Lesotho Liechtenstein Lithuania Luxembourg Malawi Malaysia Maldives Malta Mauritius Mexico Monaco Nauru Netherlands New Zealand Nicaragua Norway Panama

Aliens (Visas) (No.2) Order, 2001 â&#x20AC;&#x201C; S.I. No. 248 of 2001

Paraguay Poland Portugal Saint Kitts & Nevis Saint Lucia Saint Vincent & the Grenadines San Marino Seychelles Singapore Slovenia Solomon Islands South Africa South Korea Spain Swaziland Sweden Switzerland Tonga Trinidad & Tobago Tuvalu United States of America United Kingdom & Colonies Uruguay Vanuatu Vatican City Venezuela Western Samoa Zimbabwe

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THE RIGHTS AND ENTITLEMENTS OF N O N - I R I S H N AT I O N A L S LIVING I N IRELAND People who arrive in Ireland and wish to remain and live here are accorded different rights and entitlements by Irish law, depending on the type of legal status they apply for, either before their arrival in Ireland or when they arrive in Ireland. This section focuses on the legal definitions of these different groups and the rights and entitlements accorded to people who belong to such groups.

2.1

European Union (EU) Citizens Citizenship of the EU was established under the Treaty on European Union in 1992, which created certain rights available to all EU citizens. They include; – – – – – – –

–

Right to move freely to another Member State to seek employment under the same conditions of the host Member State. Right to pursue their Third Level Studies in another Member State under the same conditions as nationals of the Member State. Right of Residence in another Member State (subject to ability to find employment and financial independence). Right to equal treatment. Right to travel freely throughout the EU without having to comply with any special formalities,upon presentation of valid passport or identity card. Right to vote and stand in municipal and European elections. Every EU citizen is entitled,in the territory of a third country in which his own State is not represented, to protection by the diplomatic or consular authorities of any other Member State,on the same conditions as nationals of that State. There exists a Common Travel Area (CTA) between Ireland and the UK (including Isle of Man and Channel Islands) whereby citizens from both states can enter and work in each jurisdiction as ifthey were citizens of that state.

For further information contact; European Commission Representative in Ireland 18 Dawson Street Dublin 2 Tel: 01 634 1111 Fax: 01 644 1112 Website: www.euireland.ie

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2.2

Business Permission If you are a non-European Economic Area (EEA) National and intend to come to Ireland in order to establish a business you will require the permission (business permission) of the Minister for Justice, Equality and Law Reform to do so. Business permission is the permission of the Minister for Justice Equality and Law Reform expressed in writing to allow a particular person or group of persons to become established and engage in business in the State for a particular period of time. Residency in the State is granted to a person who obtains such permission for the term of its validity, following which it must be renewed.A number of categories of non-EEA nationals are exempt from the requirement to obtain Business Permission. If your application is refused you will be informed of the reason in writing.You will be entitled to appeal this decision. An appeal must be made within one month of the date of refusal.

2.2.1

Do all Non-EEA nationals require Business Permission? A number of categories of non-EEA nationals are exempt from the requirement to obtain business permission. The categories are as follows: (a) Persons who have been granted refugee status by the Minister for Justice, Equality and Law Reform. (b) Dependent relatives of EEA nationals exercising a valid right to reside in Ireland. (c) Persons who have been granted permission to remain in the State on one of the following grounds: – Persons with permission to remain as the spouse of an Irish National. – Persons with permission to remain in Ireland on the basis that they are the parents of an Irish born child (an Irish citizen). – Persons who have been granted temporary leave to remain in the State on humanitarian grounds,having been in the asylum process.

2.2.2

How does someone qualify for Business Permission? In order to obtain Business Permission the following criteria must be met: (a) The proposed business must result in the transfer to the State of capital in the minimum sum of €300,000; (b) The proposed business must create employment for at least two EEA nationals for a new project or, at the very least,maintain employment in an existing business; (c) The proposed business must add to the commercial activity and competitiveness of the State; (d) The proposed business must be a viable trading concern and provide the applicant with sufficient income to support themselves and any dependents without resorting to social assistance or paid employment for which a work permit would be required; (e) The applicant must be in possession of a valid passport or national identity document and be of good character.

2.2.3

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What if the applicant cannot meet the €300,000 minimum capital investment or employ two EEA nationals? The following exceptions to these criteria apply: (1) Where the applicant has been legally resident in this State for at least 5 years in an employed capacity and has not been in breach of the Aliens Laws (immigration laws) during this time. (2) Where the Minister is satisfied that the application is justified within the terms of the European Council Resolution relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons (1994).In particular, permission may be granted where the person’s proposed business will add value or contribute significantly to economic activity in Ireland including through the provision of highly specialised services which are in short supply. (3) Where the applicant is seeking to exercise a right of establishment under one of the Association Agreements between the European Union and the countries of Central and Eastern Europe.[Poland, Hungary, Bulgaria, Czech Republic, Romania, Slovakia,Estonia,Latvia,Lithuania] (4) Writers, Artists and Crafts persons who should contact the Department of Justice, Equality and Law Reform separately. Further information available from: Immigration Division, Department of Justice, Equality and Law Reform 72-76 St.Stephen’s Green, Dublin 2 Immigration Information Help line:01 602 8204/602 8676.

2.3

Immigrant workers To be employed legally in Ireland,immigrants must either obtain a work permit or a work visa/authorisation. However work permits or work visas are not required for the following non-Irish citizens: – – – – – –

– –

Citizens of the European Economic Area (EEA),his/her spouse and family; Persons granted Refugee Status; Persons with permission to remain as the spouse of an Irish National; Persons with permission to remain as the parent of an Irish Citizen; Persons who have been given temporary leave to remain in the State on humanitarian grounds,having been in the asylum process; Persons who are posted for a maximum period of four years to an establishment or undertaking in Ireland which is owned by a company or group which has operations in more than one state; Persons coming to Ireland for a maximum period of three years for training, whether or not it entails remunerated work,at an Irish-based company; Post-graduate students – where the work is an integral part of their course of study.

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The main difference between work permits and work visas,are that work permits restrict employees to only one particular employer, while work visas restrict employees to a particular skills category, but not to a particular employer. Both must be obtained before entering the country. This system is completely separate from the asylum process.

2.3.1

Work Permit System Only an employer can apply for a work permit, to employ a person who is not a National of an EU or EEA State, or that does not come under any of the exceptions already mentioned. The Work Permit Section of the Department of Enterprise, Trade and Employment examines applications from employers and issues permits to those employers. Because the Work Permits Section of the Department of Enterprise, Trade and Employment receives the application for a permit,and issues the grant or refusals of these work permits to employers only, it does not accept personal calls.The Work permit Section will only receive calls from Employers. Contact Details: Department of Enterprise, Trade and Employment Davitt House 65a Adelaide Road, Dublin 2 Tel:01 631 3333/01 631 3308 Email: workpermits@entemp.ie Office Opening Hours: 9:15–13:00 and 14:15–17:30. In order to secure a work permit for a prospective employee, employers are required to establish that it has not been possible,despite having made efforts, to fill the vacancy with an Irish person, or persons who do not require a permit to work in Ireland.A permit is granted to the Employer when he/she proves this to the officer examining the application. Otherwise the application will be refused. Work permits are also granted in the following circumstances: – – – –

Where a person is a doctor who has acquired full medical registration from the Irish Medical Council and who has been offered a position in an Irish hospital. Where a person is an entertainer who wishes to come to Ireland to perform at a particular event. In some cases where a person is a professional sports person. Where a person is participating in an Exchange Programme recognised by the Minister for Enterprise, Trade and Employment. Where a person is entitled to resume employment in Ireland under the terms of international bilateral agreements that have been ratified by Ireland.

Work permits will be REFUSED in the following circumstances: – –

Where a person has entered the State as either a visitor or tourist; If that person has been asked by the Department of Justice, Equality and Law Reform to leave the state, or is in the process of being deported, or was in the State illegally and has been deported;

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– Where a person is seeking employment with a non-EEA employer who is operating in the State without business permission from the Minister for Justice, Equality and Law Reform. For Domestic Staff,applications will only be considered ifit is proved that the person has been in employment with the family abroad for a period of at least one year, prior to the application for a work permit. Work permits for employment within Ethnic Restaurants will be considered in the light of the specialist nature of this business.Work permits are granted for qualified chefs and catering staff.The number of permits granted depends on the nature and scope of the restaurant,and the number of EEA nationals employed in the business concerned. Once the application for a work permit has been received it will be assessed and a decision will be taken to either accept or refuse the application. Where a permit is issued conditions may also be attached where it is considered appropriate. The validity of a work permit will normally begin on the date of issue of the permit and will not, exceed one calendar year. The Department, well in advance of the non-EEA national’s requirement to resume employment may receive applications for a work permit. The employees as well as the employers must sign application forms, which implies that the employee must be recruited before the work permit application can be processed. Information on Irish Employment Rights must be made available to the employee. However, work permit holders do not have the right to free medical care and social welfare entitlements.Furthermore,they do not have the right to free education.

2.3.2

Work Visa/Authorisation System From 28 March 2000,it became possible for certain immigrants to avail of a new streamlined work visa/authorisation system, which applies to certain critical skill shortage areas.The persons that this system applies to are IT professionals and technicians, construction professionals (architects, construction engineers, quantity surveyors, building surveyors and town planners),and nurses (nurses are required to go through a Nursing Board Assessment in order to avail of the scheme).Work authorisations are granted to persons from any country that do not need an entry visa to enter Ireland, while work visas are granted to persons that do require an entry visa to enter Ireland.(See Section 1.2 for Entry Visa required countries.) Under this scheme a person with a bona-fide job offer in these work areas may apply for a 2-year work visa/authorisation, rather than a work permit. Applications under this scheme may only be made from outside the state. The best sources of information for these schemes are the Irish embassies or consulates of the person’s home country, or the Department of Foreign Affairs.(Email: visa@iveagh.irlgov.ie Website: www.gov.ie/iveagh/, Tel:01 408 2301.) As already stated employees with work visas can change their employment within the same skills category after arriving in Ireland,as long as they continue to have authorisation to work and reside in the country.

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In general,the holder of a work authorisation may be joined by his/her spouse and/or minor dependant once he/she can show that he/she is in employment. The holder of a work visa must have been in Ireland for three months before he/she can be joined by his/her spouse and/or minor dependant. The holder of a work visa/authorisation must be able to support the family members in question without the need for them to have recourse to public funds or paid employment (unless they hold a work permit or visa/authorisation in their own right). Holders of work visa/authorisation have the right to travel ifa re-entry visa is obtained before the person leaves the country. However, they do not have the right to free medical care and social welfare entitlements.Nor do they have the right to free education. Dependant children under the age of 18 are entitled to free primary and secondary education.

2.4

Students Persons who wish to come to study in Ireland may do so, but they must acquire permission. In order to obtain permission to remain as a student,it must be established that the student has enrolled in an educational institution,has paid fees,has health insurance and has sufficient funds to support himself/herself. For prospective students from entry visa required countries,there are specific student visa guidelines. It is a primary condition of entry into the state for students that they are in a position to maintain themselves while they are studying here. The expectation of any earnings from casual employment will not be taken into account in determining whether the person has sufficient funds to support himself or herself. Non-EEA nationals who have been granted permission to remain in the state as students are entitled to take up casual employment for the duration of their studying in Ireland. Casual employment is defined at up to 20 hours per week â&#x20AC;&#x201C; part-time work, or full-time work during holiday periods. As the reason for their stay in Ireland is the purpose of study, students are not,therefore, issued with work permits. Their entitlement to work on the part-time basis outlined above ceases when their period of study and permission to remain in Ireland for reasons of study expires.They will be in breach of the student conditions of their stay in Ireland if they take up full-time employment,other than employment during holiday periods. Therefore,students who wish to continue in employment when they have finished their course of studies will require a work permit or work visa/authorisation to do so. Entry Visa required nationals,except where the prospective employment is directly related to the course of studies the person has recently completed, will be required to return home while the work permit or work visa/authorisation is being processed and apply for a work permit or work visa/authorisation in order to return to the State.

2.5

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Residents Residents are those who are granted permission to remain on the basis of being the parents of Irish children or marriage to an EU national, refugees and those with ‘leave to remain’ are also residents. This group of people may reside in Ireland because they are the parents of an Irish-child or they are married to an Irish or EU national. Residence must be applied for at the Immigration Section, Department of Justice,(72-76 St.Stephen’s Green, Dublin 2). Successful applicants receive a document,the ‘Green Card’, which contains details of their right to stay this country. Residence must be renewed every 12 months,(not always – sometimes longer). They have the right to work and claim social welfare once their application has been completed. Applicants can apply for Supplementary Welfare Allowance before residency applications are decided. Please note that asylum and residency are different issues (and are handled by different sections of the Department of Justice, Equality and Law Reform). Some asylum seekers withdraw their application for asylum when they apply for the Green Card,however they are not obliged to do so – and generally should not do so – until the Green Card is issued, if at all.People who make residence applications are entitled to also have an asylum application ongoing – it is not an ‘either/or’situation. Residency rights on the basis of being a parent of an Irish born child are currently being challenged in the courts and may be subject to change in the future.

Employment – Are entitled to work – prospective employers do not have to obtain a work permit. FÁS5 / Community Employment (CE) – Are entitled to go on FÁS courses and Community Employment schemes if they qualify. Social Welfare – Are entitled to Unemployment Assistance if they are looking for work. – Are entitled to Child Benefit. – Are entitled to go on Back to Work programmes ifthey comply with regulations (currently signing on for 15 months [396 days]). – Entitled to back to education allowance ifthey qualify Medical – Are entitled to receive the medical card,if they fulfil current criteria. Accommodation – Are entitled to rent allowance and to retain rent allowance on a tapered basis for three years after taking up employment (as long as they have been on a social welfare payment for 12 months). – Are entitled to apply to go on local authority housing lists.

National Employment Support Agency

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Education – May avail of courses provided by Integrate Ireland (formally Refugee Language Support Unit – see section 5.4). – Are entitled to first and second level education (up to the Leaving Certificate). – Do not have their education rights clearly spelled out in legislation (unlike those of refugees whose rights are clearly outlined in the Refugee Act 1996).Some colleges charge Green Book holders non-EU national rates,others do not. Green Book holders should certainly apply for VTOS etc.and seek advice if they encounter difficulties. Travel – May travel from the state as long as they are in possession of a passport. It should be noted that at the moment re-entry visas are required when travelling. These can be obtained at the Visa’s office (69 St.Stephen’s Green, Dublin 2); – Are entitled to make an application for a special travel document in exceptional circumstances.

2.6

Refugees

2.6.1

Programme Refugees This refers to those refugees who are invited by the Irish government to come to Ireland. In section 24(1) of the Refugee Act 1996 (as amended),‘a programme refugee’ means a person to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government and whose name is entered in a register established and maintained by the Department of Foreign Affairs, whether or not the person is a refugee within the meaning of the definition of ‘refugee’ in section 2’of the Refugee Act 1996 (amended). They comprise a group of people judged by the government as being in special need of protection and are judged on a group basis,not on an individual one.As in the case of the Hungarians in 1956,the Vietnamese boat-people in the 1970’s,the Bosnians in the early 1990’s and the Kosovars in 1999,they are granted refugee status,with the attendant benefits,as a group. Generally, they enjoy the same welfare and other rights as Irish nationals,and may apply for citizenship after three years of residency. They have the right to work.Lately, the Government agreed a commitment in conjunction with UNHCR for the resettlement in Ireland of 10 families of refugees per year under the Programme Refugee Scheme.

2.6.2

Convention Refugees People who have been granted refugee status enjoy similar rights to Irish nationals and these rights are set out in the Refugee Act,1996. They arrive spontaneously, regularly or irregularly and make an application for asylum and are subsequently recognised as refugees. They are judged individually unlike the Programme Refugees. They can work; go on local authority housing lists;start a business;undertake training with FAS; avail of the CE scheme (the 12 month signing period is waived). They can also avail of courses and English language training provided by Integrate Ireland.

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Refugees have the right to family reunification – that is the right to be re-united with immediate and/or dependent family members. They can also apply for family reunification for non-immediate family members but they are granted at the discretion of the Minister of Justice, Equality and Law Reform. Refugees may apply for a travel document (but cannot travel to the country they have sought refuge from). In Irish law a Refugee is defined within the terms of the 1951 UN Convention as a person who ‘owing to a well-founded fear of being persecuted for reasons of race, religion,nationality, membership of a particular social group or political opinion,is outside the country of her/his nationality and is unable,or owing to such fear, is unwilling to avail her/himself of the protection of that country; or (any person) who, not having a nationality and being outside the country of her/his former habitual residence,is unable,or owing to such fear is unwilling to return to it.’

2.7

Asylum Seekers Although the terms Refugee and Asylum Seeker are often unwittingly used interchangeably they are two separate and distinct legal categories. Basically, Asylum Seekers are people undergoing the process of obtaining asylum (refugee status),while refugees have completed the process,having been recognised as refugees. Asylum Seekers are persons who seek to be recognised as a refugee in accordance with the terms of the 1951 UN Convention. They generally have very few rights and entitlements but some have more than others do. The rights of an asylum seeker are dependent solely on when s/he made her/his application,(unless they have also made an application for residency as parents of Irish children or marriage to an EU national). It is therefore necessary to clearly set out the rights of these distinct groups.

2.7.1

Overview of Legislation (Asylum)

2.7.1.1

Refugee Act 1996 (as amended) The 1951 UN Convention and its 1967 Protocol were incorporated into Irish law by the Refugee Act,1996 (as amended). It is the main piece of legislation that regulates the asylum process. This Act also incorporated the 1997 Dublin Convention. As of 20 November 2000,the Refugee Act 1996 has been implemented in full.As of that date asylum seekers can be detained if a Garda or immigration officer reasonably suspect that they pose a threat to national security or public order; have committed a serious non-political crime outside the State;have not made reasonable efforts to establish their true identity; intend to avoid removal from the state in certain circumstances;intend to leave the state and enter another unlawfully; without reasonable cause have destroyed their travel documents or have forged identity documents.

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2.7.1.2

Dublin Convention The Dublin Convention (Convention determining the states responsible for examining applications for asylum lodged in one of the member states of the European Communities 1990) was implemented in September 1997,and provides a mechanism for determining which EU state is responsible for examining an application for refugee status. This Convention states the EU Member State to which an asylum first arrives is responsible for his/ her application for asylum. If an applicant for asylum enters another EU Member State,since leaving his/her country of origin,the Irish State is entitled to process their case under the Dublin Convention. If, for example, – you have lodged, or had an asylum application examined,in another Convention country, or – you have entered the EU through another Convention country, – you have a valid residence permit or a valid visa for another convention country, Ireland may request that Convention country to accept responsibility for your application for a declaration as a refugee,and you may then be transferred back to that country.

2.7.1.3

1951 Geneva Convention The convention was adopted by the UN General Assembly in order to deal with the plight of large numbers of displaced persons who did not wish to or could not return to their own countries of origin, predominantly in Europe,after the second World War. The Convention itself has its philosophical roots in The Universal Declaration of Human Rights,passed by the UN on December 10th,1948- Article 30 of the Declaration states ‘...everyone has the right to seek and enjoy in other countries,asylum from persecution.’ In 1951 and for many years afterwards,it was possible for signatories to the convention to limit the application of the Convention within their own countries to refugees of European origin. The Conventions criteria covers the areas of Race, Religion, Nationality, membership of a particular social group, and political opinion.

2.7.1.4

(New York) Protocol 1967 Since the protocol was added to the Convention,those count ries which are signatories to both Convention and Protocol,no longer have the right to limit asylum to refugees of European origin, or to events before January 1st,1951. Ireland signed up to this protocol.

2.7.1.5

Immigration Act 1999 (Deportation) Regulations 2002 It gives to the Minister for Justice, Equality and Law Reform the authority to issue deportation orders to non-nationals. Under the Act,an immigration officer or a member of the Garda Síochána may detain an asylum seeker against whom a deportation order has been made ifs/he reasonably suspects that the individual will fail to comply with that order. An individual shall not be detained under the Act for a period or periods exceeding 8 weeks in aggregate. There is no requirement that this detention is sanctioned or reviewed by a member of the judiciary.

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Moreover, under the Act an asylum seeker who wishes to judicially review part of the asylum procedure should make the application to do so within 14 days,as opposed to 3–6 months for any other part of Irish law. This provision was referred to the Supreme Court by the President and judged to be in compliance with the Constitution. The Supreme Court justified this by pointing out that a non-national whose entry, presence or expulsion from the State may be subject to legislative or administrative measures which could not be applied to Irish nationals.Therefore,the rights of nonnationals,including fundamental rights,under the Constitution do not always coincide with those of citizens. However, the Supreme Court did stress the necessity for a flexible approach to this time limit due to the particular circumstances surrounding an asylum application.

2.7.1.6

Illegal Immigrant (Trafficking) Act 2000 This legislation deals with airlines,hauliers and ferry companies that transport people not in possession of proper documentation into Ireland.

2.7.2

Applying for Asylum The process of examination of a claim of an asylum seeker can only inquire whether or not a person is a refugee within the meaning of that term in Section 2 of the Refugee Act 1996. It is not necessary for an individual to have already suffered or even witnessed persecution, but to prove that they have a ‘well-founded fear’of persecution. However this does not include someone who flees their country due to generalised fear of the effects of war or famine or natural disaster. Thus a person at risk of serious harm can ‘fail’ to qualify as a refugee, while clearly needing protection from serious harm in the country of origin. To investigate asylum claims the 1996 Refugee Act established the two offices of: –

The Refugee Applications Commissioner – RAC,(79-83 Lower Mount Street, Dublin 2.Phone:01 602 8000 LoCall:1890 202418) The principal function of the RAC is to make recommendations to the Minister for Justice, Equality and Law Reform pursuant to the provisions of the Refugee Act, 1996 (as amended) as to whether an applicant for a declaration as a refugee should be granted such a declaration. RAC is independent of the Minister for Justice, Equality and Law Reform in fulfilling the functions of the Commissioner under the Refugee Act, 1996 (as amended). –

The Refugee Appeals Tribunal – RAT, (6/7 Hanover Street East,Dublin 2.Phone:01 474 8400 LoCall:1890 201458) The function of the Refugee Appeals Tribunal is to consider and decide appeals against 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 practice as a solicitor or barrister.

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The Reception and Integration Agency, (2nd Floor, 94 St.Stephen’s Green, Dublin 2, Phone:01 418 3200) was also established in April 2001 after the amalgamation of the Directorate for Asylum Seekers Services (DASS) and the Refugee Agency. The Reception and Integration Agency’s main functions are:co-ordinating the provision of services to both asylum seekers and refugees and co-ordinating the implementation of integration policy for convention refugees, programme refugees and persons granted leave to remain. The asylum process, broadly speaking, is structured as follows: –

–

A person can apply for asylum at any port of entry, Garda station or at the Refugee Applications Centre (where the Refugee Applications Commissioner is housed) in Dublin. An initial interview takes place and the asylum seeker is required to complete a questionnaire. This is a very important document and care should be taken to ensure that it is completed correctly and accurately. It needs to be completed and returned within 5 days. The questionnaire will be discussed and its contents investigated at the later interview, which the asylum seeker will be required to attend. The person’s photograph will be taken at this stage also and he/she will also have his/her fingerprints taken ifhe/she is over the age of 14. Since April 2002 all asylum seekers are accommodated through direct provision and dispersal. Upon beginning the asylum application process asylum seekers are temporarily housed in a Reception Centre for 8 to 14 days prior to dispersal. There are three main Reception Centres in Dublin at Balsekin, Killmacud House and Parnell West Hotel. In addition there are two overflow centres for newly arrived asylum seekers in Gardiner Place and North Frederick Street. While in the Reception Centres,asylum seekers receive voluntary health screening, ID Card and supplementary welfare payments.Once the initial processing has taken place asylum seekers are placed in one of 72 accommodation centres around the country. (See Section 2.7.3 for further details.) Every asylum seeker should receive an Information pack (available in more than 10 languages).On the last page of this pack there is a registration form for the Refugee Legal Service (based in Dublin, Cork and Galway.). It is very important to register with this service immediately. This service is there to help asylum seekers and it is independent of Government Departments. Asylum Seekers can register in writing by completing this registration form, enclosing €6 and posting it to:

Refugee Legal Service 48-49 North Brunswick Street Georges Lane Smithfield Dublin 7 Registration is also possible by phone – 01 649 9600 or (free phone) 1800 229 222.

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–

2.7.2.1

The Refugee Legal Service will allocate the asylum seeker a Caseworker. The caseworker can be contacted in relation to any questions or worries regarding the asylum claim.Asylum Seekers may also seek a consultation. If this involves travelling to Dublin,the asylum seeker’s Community Welfare Officer (CWO)6 must be informed in advance so that money for travel expenses can be provided.Please note that receipts for expenses must be kept,as well as a letter from the Caseworker stating that the consultation was attended. It is very important that asylum seekers contact their caseworker regarding any correspondence received from the Refugee Applications Commissioner’s Office,the Refugee Appeals Tribunal or the Minister for Justice, Equality and Law Reform. The asylum seeker must then wait until they are called for an interview with the Refugee Applications Commissioner’s Office.

Before the Interview – Asylum seekers will receive a letter in advance of the interview, informing them of their interview date.The asylum seekers’name and the date must be included on the confirmation slip and attached to this letter, to be returned to the Refugee Applications Commissioner’s Office. – It is very important that this interview is attended. Failure to attend more than once, will mean that the Refugee Applications Office will recommend that the asylum seeker should not be declared a Refugee. – In this regard it is very important that the Refugee Applications Office is informed of any changes of address – otherwise the applicant will not receive these letters! – All asylum seekers need to have a valid reason for non-attendance, such as serious illness or other serious reasons,which affect their ability to travel to Dublin. Asylum seekers are obliged to inform the Refugee Applications Office of these reasons and submit a doctor’s certificate or other documentation. – Preparation for the interview is essential. The more details and facts of the asylum seeker’s story that are remembered,the better; details such as dates,locations and sequence of events are important here. – Asylum seekers who do not have a copy of the questionnaire they filled out when they made their application should ask the Office of the Refugee Applications Commissioner for a copy. – The interview will involve inquiries into the reasons why the asylum seeker left their country. Asylum seekers need to be as clear as possible about the answers that they gave on the questionnaire,as some of the questions will be asked again. It is important to recall all of the relevant information regarding the reasons for seeking asylum. – It is beneficial to obtain any documentation relevant to the asylum seeker’s application, which may help prove some of their statements. It is important to bring any such documents to the interview. – The interview should be looked on in a positive light,as it is an opportunity for the asylum seeker to recall why they are seeking asylum – what happened to them that made it necessary for them to leave their country and why they fear returning to that country.

Appointed by the Local Health Board to deal with Asylum Seekers health and welfare needs, separate from the Case Worker in the Asylum Process.

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2.7.2.2

The Interview – The length of time of interviews varies and couples are interviewed separately. Asylum seekers may be recalled for a further interview to clarify issues if it is required. – Credibility, accuracy and detailed answers to questions are very important. – Short breaks are permitted during the interview. If one is needed,applicants are entitled to ask for it. – If the asylum seeker is not happy with their interpreter they should make this fact known. – The interviewer will take notes during the interview. The asylum seeker should,take time to read them carefully. If the asylum seeker is not happy with these written notes,they should not sign those notes and they should inform the interviewer of why they do not wish to sign them. If any of the questions are not understood,the interviewer can be asked to repeat them. – If there is something that the asylum seeker needs to say anything that they feel is relevant to the claim, or that they think they need to say, they should feel free to say it. – On rare occasions a representative or member of UNHCR may be present at the interview. An interpreter will be provided, but the Refugee Applications Office does not provide for childcare facilities.

2.7.2.3

After the Interview – After the interview the asylum seeker has 7 working days during which he/she or his/her legal representative may make a submission to further support his/her claim. – The Minister, based upon the recommendations of the Refugee Applications Office, formally makes the decision. – If the decision is a negative,the asylum seeker has 15 working days to appeal this decision to the Refugee Appeals Tribunal. It may take months,sometimes a year or more, before the case is heard by the Tribunal. The asylum seeker is entitled to an oral hearing, unless his/her application was deemed manifestly unfounded (see below) and legal representation at the appeal. – If the decision is a positive, either following the interview or the appeal,the asylum seeker is recognised as a refugee. – If the Tribunal’s decision is a negative,the asylum seeker can seek a Judicial Review and a court case will ensue ifit is made within 14 days (not 14 working days). – A Judicial Review can also be sought on manifestly unfounded determinations and deportation orders. The asylum seeker has to make the application within 14 days.

2.7.2.4

Manifestly unfounded applications An application may be deemed ‘manifestly unfounded’for a number of reasons. The Refugee Applications Commissioner may arrive at this opinion prior to or after your substantive interview under section 11 of the Refugee Act,1996: – Prior to the interview – you will be notified of this opinion in writing, and the reasons for it will be included. – After the interview – you will be sent a copy of the recommendation and the reasons for it.A copy will be sent to your solicitor (ifknown).

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An application may be deemed‘manifestly unfounded’ on the following grounds: – Application which does not show any ground for the contention that the applicant is a refugee. – Application that contains insufficient details or evidence to substantiate his or her application. – Application which the Commissioner is satisfied that the applicant’s reason for leaving or not returning to his or her country of nationality does not relate to a fear of persecution. – Application which the applicant did not reveal that s/he was travelling under false identity or was in possession of false or forged identity documents and did not have a reasonable cause for not so revealing, – Application which the applicant, without reasonable cause,made deliberately false or misleading representations of a material or substantial nature in relation to his or her application, – Application which the applicant, without reasonable cause and in bad faith, destroyed identity documents, withheld relevant information or otherwise deliberately obstructed the investigation of his or her application, – Application which the applicant deliberately failed to reveal that he or she had lodged a prior application for asylum in another country, – Application which the applicant submitted the application for the sole purpose of avoiding removal from the State, – Application prior to which the applicant had made an application for a declaration or an application for recognition as a refugee in a State party of the Geneva convention,and the Commissioner is satisfied that his or her own application was properly considered and rejected and that the applicant has failed to show a material charge of circumstances, – Application by an applicant who is a national or has residence in a state party to the Geneva Convention in respect of which the applicant has failed to adduce evidence of persecution, – Application by an applicant who, after making the application has, without reasonable cause,left the State without leave or permission or has not replied to communications addressed to the person from the Commissioner, or – Application prior to which the applicant has been recognised as a refugee under the Geneva Convention by another State and his or her reason for leaving or not returning to that State does not relate to a fear of persecution. Once the applicant receives notice of a negative recommendation by the Refugee Applications Commissioner, on the basis that an application is manifestly unfounded, s/he can appeal to the Refugee Appeals Tribunal within 10 working days from the sending of the notice.An applicant,whose application has been declared manifestly unfounded, is not entitled to an oral appeal and the case is normally decided on the papers submitted. If the applicant fails to appeal within the 10 working days,the Refugee Applications Commissioner will recommend to the Minister that the applicant should not be given a declaration as a refugee. The appeal must be made in writing on an official Notice of Appeal form, which will be included with the notification from the Refugee Applications Commissioner. It is the responsibility of the applicant to prove that the appeal was lodged within the permitted time limit.The applicant must submit all supporting evidence and documentation with the Notice of Appeal, because these are the documents on which the appeal will be considered.

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If the Refugee Appeals Tribunal overturns the manifestly unfounded recommendation of the Refugee Applications Commissioner, the application will be returned by the Refugee Appeals Tribunal to the Refugee Applications Commissioner for re-examination (i.e. returned to the asylum process). The applicant will receive a written notification advising him/her of this.

2.7.2.5

Refusal of Status Four options are available to an individual who has been refused refugee status after relevant appeal process if : 1.

Seek ‘Humanitarian Leave to Remain’in the State. This decision is at the Minister’s discretion. The applicant must make a representation to the Minister outlining why it is he/she wishes to remain in Ireland, for humanitarian reasons, within 15 working days. Representations can be made to the Minister to reconsider the deportation order under the following headings:age, duration of residence in the State,family and domestic circumstances,nature of connection with the State, employment and selfemployment record and prospects, character and conduct, humanitarian considerations, representations duly made,the common good,national security and public policy. Interpretation of the above is left to the Minister’s discretion.

Challenge the deportation order by way of Judicial Review in the High Court. The time limit for an application for leave to judicially review the decision to deport is fourteen days. It is imperative that expert legal assistance is sought and followed in order for the application to have any chance of success. Moreover the European Court of Human Rights may be called upon,in exceptional circumstances,to intervene in a deportation if efforts in the Supreme Court fail,and there is a strong case that the particular individual should not be deported,having regard to the provisions of the European Convention on Human Rights,especially if the deportation leads to a situation that is contrary to article 3, whereby the deportee faces the risk of torture,inhuman or degrading treatment or punishment.

Inform the Minister of your intention to leave the State and return to your country on a voluntary basis.

Consent to be deported within 15 working days. This is done by presenting oneself to an immigration officer or a member of the Gardaí and awaiting orders from them. The failed applicant must be issued with the deportation order, where possible in a language that the person understands. Under the Immigration Act 1999,a person who has been issued with a deportation order can be detained and held in prison for up to eight weeks on the suspicion they will evade the deportation order.

2.7.2.6

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Tables (Asylum Process): Guide to the Asylum Determination Procedure under the Refugee Act 1996 (as amended)

Reproduced from Irish Refugee Council Guide to the Refugee Act 1996 (as amended)

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Guide to the Dublin Convention Procedure

INITIAL PROCEDURE

NOTICE UNDER THE DUBLIN CONVENTION

DETERMINATION TO TRANSFER AN APPLICANT UNDER THE DUBLIN CONVENTION

APPEAL

Written Appeal to the Refugee Applications Commissioner

REFUSAL

TRANSFER TO A DUBLIN CONVENTION COUNTRY

GRANTED

APPLICATION EXAMINED IN IRELAND UNDER THE SUBSTANTIVE PROCEDURE

APPEAL

Written Appeal to the Refugee Applications Commissioner

REFUSAL

GRANTED

TRANSFER TO A DUBLIN CONVENTION COUNTRY

APPLICATION EXAMINED IN IRELAND UNDER THE SUBSTANTIVE PROCEDURE

Reproduced from Irish Refugee Council Guide to the Refugee Act 1996 (as amended)

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Guide to the ‘Manifestly Unfounded’ Procedure

INITIAL PROCEDURE

CASE DETERMINED TO BE MANIFESTLY UNFOUNDED

by the Refugee Applications Commissioner

WRITTEN APPEAL

to the Refugee Appeals Tribunal

GRANTED

REFUSAL

READMISSION TO THE SUBSTANTIVE PROCEDURE

WRITTEN REPRESENTATION TO THE MINISTER ON HUMANITARIAN GROUNDS TEMPORARY LEAVE TO REMAIN

REFUSAL

DEPORTATION

Reproduced from Irish Refugee Council Guide to the Refugee Act 1996 (as amended)

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2.7.3

The Rights and Entitlements of asylum seekers under the Dispersal and Direct Provision Policy – Asylum seekers who arrived after 10 April 2000 Since April 2000,the authorities have operated a policy of ‘Dispersal’and ‘Direct Provision’ of asylum seekers. The rights and entitlements of asylum seekers under this policy can be summarised under the following headings:

Accommodation Asylum seekers who are part of the Dispersal/Direct Provision (D/DP) programme are accommodated for a short period of time (a week or so) in one of the large Dublin reception centres and then ‘dispersed’ to centres outside the Dublin area. Under this policy asylum seekers are not entitled to rent allowance and are obliged to stay at the full board centre until a decision is made on their asylum application. Asylum seekers are given full board (i.e.accommodation and meals) and an allowance of €19.05 per week (€9.52 per child).If an asylum seeker chooses not to accept this accommodation he/she will only receive the €19.05 per week allowance (no matter what alternative accommodation arrangement they may come to).There are some exceptions to the application to the Dispersal/Direct Provision regulations,and these concern: pregnant women close to full term; ‘reunification’ with an immediate family member (i.e. a newly arrived asylum seeker may be reunited with a spouse or partner already in rented accommodation) and medical grounds.

Employment – No entitlement to work – penalties for working illegally are a fine of up to €635 and/or one month in jail. There is,however, nothing illegal about voluntary work. Local support groups may be of some help here. Also, there is a network of Citizen Information Centres around the country that provide information and advice free of charge. FÁS – No entitlement to go on FÁS courses. Welfare – (D/DP) asylum seekers receive €19.05 per week ‘comfort’ money, (€9.52 per child), administered by their appointed Community Welfare Officer (CWO). It is the CWO who also deals with Exceptional Needs Payments, Medical Card Applications and is the link to all other welfare and Health Board Services. – (D/DP) asylum seekers are entitled to Child Benefit; – (D/DP) asylum seekers are entitled to apply for Exceptional Needs Payments for extra essential outlays they may incur. Medical – (D/DP) asylum seekers receive the medical card. – Medical units are assigned to the Dublin reception centres. Prior to dispersal, asylum seekers are screened for infectious diseases such as TB and diphtheria. (Screening is not obligatory but most asylum seekers avail of this service.)

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Education – (D/DP) asylum seekers and/or their children are entitled to first and second level education (up to the Leaving Certificate). – (D/DP) asylum seekers can do part time English language classes and other part time courses (e.g. computer courses) provided by voluntary groups. In addition,the facilities of public libraries are available for all asylum seekers to use. Childcare – general – Asylum seekers needing access to childcare facilities should apply to community créches. Travel – general – Asylum seekers are not entitled to leave the State without the permission of the Minister for Justice – penalties for leaving or attempting to leave the State without permission are a fine of up to €635 and/or one month in jail. Medical – general – The Community Health Nurse service is available to asylum seekers who are pregnant or who have young children. – A psychological service is based at the Department of Psychology, St. Brendan’s Hospital, Rathdown Road, Dublin 7.Tel:01 868 0166.

2.7.4

The Rights and Entitlements of Asylum Seekers who made their application for asylum in Ireland before 26 July 1999 Employment – These people have the right to work (R to W) – as long as they complied with all asylum regulations. They are issued with an official letter indicating that they have this right. FÁS – No entitlement to go on FÁS courses. Social Welfare – (R to W) asylum seekers should be entitled to Unemployment Assistance if they are unable to obtain work,as they are entitled to (and are seeking) work. – (R to W) asylum seekers are entitled to Child Benefit. – (R to W) asylum seekers are entitled to go on Back to Work Programmes ifthey comply with regulations (currently applicants must be signing for Unemployment Assistance for 15 months [396 days]). Medical – (R to W) asylum seekers receive the medical card (and are entitled to retain it for a period once they take up employment – in line with regulations).

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2.7.5

The Rights and Entitlements of asylum seekers who made their application for asylum in Ireland between 26 July 1999 and 10 April 2000 As long as they were not granted residency on the basis of being a parent of an Irish child or married to an EU national;this group of people fall between the two major policy decision of the last two years. They are not entitled to work,however, they are not the subject of Dispersal / Direct Provision regulations.

Employment – No entitlement to work – penalties for working illegally are a fine of up to €635 and/or one month in jail. FÁS – No entitlement to go on FÁS courses. Welfare – Are entitled to receive Supplementary Welfare Allowances (not UA as they are not entitled to work). – Are entitled to Child Benefit. – Are entitled to apply for Exceptional Needs Payments for extra essential outlays they may incur. – Are entitled to rent allowance (Note:many of this group of people are accommodated in hostels because of the serious lack of private rented stock in Dublin at the moment). Medical – Receive the medical card. Accommodation – Are entitled to rent allowance; – Are not entitled to go on local authority housing lists. Education – Are entitled to first level and second education (up to the Leaving Certificate); – Can avail of a number of part-time English Language training courses provided by voluntary groups and may be able to access,ifthey are available in their locality, part-time English classes offered by the VEC.

2.8

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N E W CO M M U N I T IE S

Unaccompanied Minors/ Separated Children ‘Unaccompanied Minors’ or ‘Separated Children’ are‘Children under 18 years of age who are outside their country of origin and separated from both parents, or previous legal/customary primary care giver’(UNHCR). When an unaccompanied minor seeks asylum,the local Health Board,under the Child Care Act of 1991,has legal responsibility. This includes the decision whether to make application for asylum (an unaccompanied minor may not make the application for asylum on their own behalf.) This also includes assessing their immediate needs, arranging for accommodation, referral to medical services,arranging for psychological services (when appropriate),financial services,placement in hostel accommodation and for providing links to English language classes and schools. The regional health authorities are responsible for their welfare as for any other asylum seekers. In practice,unaccompanied minors are referred to a Health Board social worker or project worker who will assess their needs and situation. The social worker or project worker will then advise the officer as to the most suitable accommodation for the child. Minors are placed in hostels, residential care centres, supported lodgings and foster families. The vast majority are placed in hostels or bed & breakfast accommodation and, in most cases, remain there until they are at least 18 years old. If a minor wishes to live in private rented accommodation,the Community Welfare Officer requests a recommendation from a social worker on the suitability of this accommodation for the minor. Prior to June 2001,all unaccompanied minors, when they turned 18 years of age, were financially assisted to rent private accommodation and entitled to full supplementary welfare allowance, equivalent to that received by Irish nationals.After June 2001, children who turned 18 years of age and have finished full-time education, subject to an assessment carried out by the regional health authority ,are offered accommodation in a full board adult accommodation centres around Ireland. The assessment,made in consultation with their social workers and Community Welfare Officers, considers among other factors their vulnerability. If they refuse accommodation in an adult centre they are not financially assisted to rent private accommodation. If it is considered that they can move into an adult accommodation centre they receive a cash payment of €19.05 per week like adult asylum seekers and 3 meals a day. There have also been moves by the health authorities towards establishing specialised centres for unaccompanied minors, rather than housing them in communal accommodation centres in Dublin. There are 12 hostels run privately under contract with the health authorities,and 3 residential care centres,all managed by NGOs and funded by the Eastern Regional Health Authority. They cater for a handful of particularly vulnerable children. There are approximately 10 childcare workers in each centre and 24hour service is provided.A team of 24 social workers, project workers and support staff employed by the health authorities provide outreach services to the minors. The project workers liaise between the service providers – including NGOs – for the children,in particular with the schools.On average they manage between 50-70 cases.

R I G HT S A N D E N T I T L E M E N T S O F N O N - I R I S H N AT I O N A L S L I V I N G I N I R E LA N D

It is up to the Health Board to decide what is in the best interest of the child which may even be to send the child back to the country of origin,although this has never happened to date.The reason behind this would be if they deemed that the case would be unsuccessful and as a result it would not be in the interest of the child to be subjected to a traumatic process such as the asylum process. However the views of the child are taken into consideration but mostly in relation to the older children who would be deemed mature enough to be able to speak for themselves.

2.9

People who have been granted Humanitarian Leave to Remain This permission to stay in Ireland is granted by the Minister for Justice to people who do not fully meet with the definition of a refugee contained in the 1951 UN Convention on Refugees, but who the Minister decides should be allowed to remain in Ireland for humanitarian reasons.The rights of people who are given Leave to Remain are broadly in line with those who have been granted residency status. However it has been noted that this system means that ‘they (asylum seekers given leave to remain) will be regulated to a secondary legal and social status within Irish society, whereby ministerial discretion, rather than the law, will determine most of their entitlements.’7

2.10

Family Reunification8 Immigrants may wish to have their dependent family join them. There is no general policy of restriction in operation in relation to family reunification where family members are not subject to a visa requirement, subject to the worker being able to support the family member without recourse to public funds. Family members from countries that require an entry visa (see page 9) are subject to additional restrictions. In the case of visa-required family members of non EEA national workers,the general rule is that it is only after the worker has been in the State for twelve months and has been offered a contract for a further twelve months that they may be joined by their families. Again,this is subject to the worker being able to support the family without recourse to public funds. The waiting period is reduced to three months for family members operating in certain high-skill areas including persons covered by the working visa/authorisation programme.

Byrne, Rosemary 1997.‘On the sliding scale of justice: The status of asylum seekers and refugees in Ireland.’ In Developments in Discriminations Law in Ireland and Europe. Byrne R.and Duncan W. (ed.) Irish Centre for European Law, Trinity College Dublin,Dublin. Refugee Protection Policy Group (2001) The Right to Family Life – Proposals for Changes to the Family Reunification Procedures, Position Paper No. 4,RPPG: Dublin

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

A refugee may apply to the Minister for Justice, Equality and Law Reform for permission for family members to join the refugee in the state pursuant to the 1951 Geneva Convention and Section 18 of the Refugee Act 1996.Only spouses of the subsisting marriages, dependent children under eighteen or parents of an unmarried refugee who is under eighteen are recognized as ‘ members of the family.’ In particular, it does not include elderly parents who might be dependent on an adult refugee or the actual family unit as it applies in the refugee’s country of origin. However, an individual refugee may make an application for any member of their family who is deemed a dependent. The Minister for Justice,Equality and Law Reform,at his/her discretion,may approve the application. The application is made, on a visa application, to the Department of Foreign Affairs or the Irish Embassy in the refugee’s country of origin who send it to the Department of Foreign Affairs. The Department of Foreign Affairs submits the application to the Department of Justice, Equality and Law Reform who, based on a report drawn up by the Office of the Refugee Applications Commissioner makes a decision.A positive decision, to enter the state and reside in Ireland,is normally granted when the report indicates that the person in question is a ‘member of the family.’ The Department may also permit entry on discretionary basis to others than those recognized as strictly ‘family member.’ When the permission has been granted,the refugee still has to get the family member to Ireland. There will be matters such as travel documents and tickets for the family member to be considered.A visa permitting entry will either have to be stamped on travel documents in Ireland or in the Irish consulate in the country where the family member resides.Those with visas approved for family members who cannot get a national passport can apply to the UNHCR and the International Red Cross for help with travel documents. They can also apply for travel assistance,but processing can take some time. Those given leave to remain, but not refugee status,do not have the right to family reunification but anyone who is entitled to reside and remain in Ireland may apply to the Minister to permit family members to join them. The Minister for Justice, Equality and Law Reform can grant or refuse permission on a discretionary basis. A Programme refugee may also apply to have a member of his/her family enter and reside in the state on the same basis as a Convention refugee. The person who enters and resides in Ireland as a result of family reunification is entitled to remain in the state and to the same rights and privileges as a Convention refugee for as long as the refugee who made the application is entitled to remain in the state. An application for reunification may be refused on the grounds of national security or public policy.

R I G HT S A N D E N T I T L E M E N T S O F N O N - I R I S H N AT I O N A L S L I V I N G I N I R E LA N D

Tables

2.11

2.11.1

Persons of Concern to UNHCR9

Year

Refugee Estimate

Total Population

1993

16,242,000

23,033,000

1994

16,637,000

27,419,000

1995

14,855,000

26,103,000

1996

13,312,000

22,729,000

1997

11,966,000

22,376,000

1998

11,430,000

21,460,000

1999

11,626,000

22,257,000

2000

12,062,000

21,814,000

2001

12,051,000

19,783,000

9 Persons of concern to UNHCR include refugees,asy lum seekers, returnees,internally displaced persons and others.

2.11.2

Asylum Applications in the EU: Top 10 Countries of origin: 1992-2001

Origin

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

Total

FR Yugo

210,907

88,228

47,683

46,105

32,001

40,994

71,185

83,444

36,564

22,816

679,927

Romania

115,556

87,145

21,422

13,943

8,964

10,300

8,450

7,811

6,954

4,907

285,452

Turkey

35,240

24,388

25,019

40,806

36,918

31,466

19,797

17,629

25,472

27,294

283,278

Iraq

11,085

9,892

9,789

14,806

22,295

35,173

31,216

25,328

38,853

40,577

239,013

7,660

7,920

9,185

11,166

11,344

14,515

15,117

16,778

26,474

38,620

158,779

Bosnia/Herz 13,231

62,000

20,717

13,524

5,126

6,059

7,959

4,577

9,655

8,486

151,334

SriLanka

13,667

10,632

11,198

11,537

10,060

10,694

9,072

9,858

11,615

10,010

108,343

7,608

6,883

11,755

9,746

9,892

7,993

7,658

11,315

20,730

12,054

105,536

Somalia

13,551

11,155

11,728

11,498

6,892

7,397

10,425

12,285

9,401

9,871

104,203

DR Congo

17,373

11,435

8,526

7,412

7,111

7,845

6,383

6,637

7,407

8,614

88,743

Afghanistan

Iran

ST E P B Y ST E P â&#x20AC;&#x201C; A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

2.11.3

Asylum Applications lodged in European Countries and other industrialised nations for 1999, 2000, 2001

Country of Asylum

1999

2000

2001

Austria

20,130

18,284

30,135

Belgium

35,777

42,691

24,549

Denmark

12,331

12,200

12,403

Finland

3,107

3,170

1,651

France

30,833

38,588

47,263

Germany

95,331

78,764

88,363

1,528

3,004

5,499

Greece Ireland

7,724

10,920

10,324

33,000

15,564

9,755

Luxembourg

2,912

585

689

Netherlands

39,300

43,892

32,579

Norway

10,160

10,842

14,784

307

202

192

8,405

7,037

9,219

Switzerland

46,133

17,659

20,768

Canada

30,895

37,858

42,746

USA

44,436

63,655

86,394

Australia

9,450

12,936

12,366

New Zealand

1,528

1,551

1,715

393,116

390,104

384,334

Italy

Portugal Spain

European Union

2.11.4

Immigrants to Ireland 1995â&#x20AC;&#x201C;200010

Place of Origin

Numbers

Per cent

123,100

45,600

Rest of EU

33,400

USA

29,400

307

3.0

Returned Irish Migrants

Rest of the World

10 Responding to Racism in Ireland, Farrell and Watt (ed.),p.84

R I G H T S A N D E N T I T L E M E NT S O F N O N - I R I S H N AT I O N A L S L I V I N G I N I R E LA N D

2.11.5

Work Permits granted for Non-EU Nationals11

Year

Number

1993

1,103

1994

2,610

1995

4,333

1996

3,778

1997

4,544

1998

5,716

1999

6,258

2000

18,001

2001 (est.)

36,000

11 Responding to Racism in Ireland, Farrell and Watt (ed.), p.86.

2.11.6

Asylum Applications in Ireland (1992-2001)

Year

Numbers

1992

1993

1994

362

1995

424

1996

1,179

1997

3,883

1998

4,626

1999

7,724

2000

10,938

2001

10,325

2.11.7

Top countries of origin of asylum seekers 2001

Country of Origin

Numbers

Per cent

Nigeria

3,461

33.5

Romania

1,348

13.1

Moldova

549

5.3

Ukraine

376

3.6

Russia

307

3.0

Croatia Other

292

2.8

3,994

38.7

For more up to date information,there are three main sources of up to date statistics on asylum applications and related matters: 1. The Department of Justice, Equality and Law Reform (Refugee Applications Commission in Mount Street, Dublin 2) 2. The United Nations High Commission for Refugees (see Section 5.9.) 3.â&#x20AC;&#x2DC;Sanctuary,â&#x20AC;&#x2122; the bimonthly Newsletter of the Refugee Project of the Bishops Justice and Peace Commission (see Directory).

S T EP BY S T EP – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

GENERAL R IGHTS As well as the various rights and entitlements documented in Section Two, there are other rights and supports afforded to immigrants (depending on their status),listed below.

3.1

Employment Rights

3.1.1

Local Employment Service The Canal Communities Local Employment Service (LES) is a community based service aimed at helping unemployed job-seekers in Rialto, Kilmainham, Bluebell, Islandbridge and Inchicore return to work. It is available to those who are: – Six months registered unemployed – Dependent spouses of the unemployed – Lone parents – Early School Leavers – Those actively seeking a return to work experiencing discrimination or disadvantage. The LES provides detailed information around employment rights and entitlements and runs a Jobs Club. The Canal Communities Local Employment Service can be contacted at: Head Office – LES and Jobs Club Goldenbridge Integrated Complex Vincent Street West Dublin 8 Phone:01 453 7229 Fax:01 453 7228 Phone:01 453 7324 Fax:01453 7228 (Jobs Club) e-mail: cclesgoldenbridge@eircom.net Contact points: Inchicore – (LES) 103 Tyrconnell Road Inchicore Dublin 8 Phone:01 473 1881 Fax:01 473 1800 e-mail: cclesinchicore@eircom.net Bluebell – (LES) 14a La Touche Road (old rent office) Bluebell Dublin 12 Phone:01 409 7850 Fax:01 409 7851 e-mail: cclesbluebell@eircom.net

G E NE R A L R I G H T S

Rialto – (LES) 398 South Circular Road Rialto Dublin 8 Phone:01 454 0935 /01 454 0940 Fax:01 454 0790 e-mail: cclesrialto@eirom.net

3.1.2

FÁS FÁS provides a range of services to help people find work. These services are available to all individuals including the unemployed, persons wishing to return to work after a break, persons who have completed school or college and job-changers. All FÁS services are open to men and women equally and to all citizens of the European Union. The most important step to availing of FÁS services is to register at your local FÁS Office.FÁS Employment Services Offices will provide career advice and guidance including information on job and training opportunities as well as temporary employment options. FÁS services include: – – – – – –

Employment Services, Training Enterprise Support Community Employment (CE) Community Training Youthreach

For further details please contact: FÁS (Training & Employment) Head Office 27/33 Upper Baggot St. Dublin 4. Tel:1800 611 116. Website:www.fas.ie FÁS Community Services Crumlin Cross, Dublin 12. Tel:01 455 0337. FÁS Local Employment & Training Office Ballyfermot Hill, Ballyfermot, Dublin 10. Tel:01 605 5935.

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

FÁS Local Employment Office D’Olier House, D’Olier St., Dublin 2. Tel:01 612 4800. FÁS Local Employment Office 235 Crumlin Rd., Crumlin, Dublin 12. Tel:01 456 3000.

3.1.3

Unemployment Assistance/Benefit If you have the ‘right to work’ and have not yet found employment, you may be entitled to financial support from the Department of Social and Family Affairs. Payments may include (depending on your circumstance) either Unemployment Assistance or Unemployment Benefit,and Supplementary Welfare Allowance (administered by the Community Welfare Officer – CWO). To obtain any of the above you must ‘sign-on’ at your local Social Welfare Office and fulfil a means test. Please note:You are only officially unemployed from when you ‘sign-on’ at your local Social Welfare office. For further details please contact: Social Welfare Office Thomas Street Dublin 8 Tel:01 636 9330. Or: Department of Social, Community and Family Affairs PO Box 3840 Dublin 2 Tel:01 704 3165 Website:www.welfare.ie or www.comhairle.ie There are also a number of other financial supports offered to those who are unemployed and are seeking to return to work detailed in the following pages:

3.1.4

Back to Education Allowance (BTEA) The Back to Education Allowance (BTEA) is an educational opportunities scheme for unemployed people,lone parents and people with disabilities who are getting certain payments from the Department of Social and Family Affairs. The allowance is payable to people who wish to pursue approved second or third level education courses.BTEA is not an unemployment payment. Participants receive a standard rate of payment which is not means tested. If you are signing for unemployment ‘credits’ only, you may qualify to participate in the scheme but you will not receive an allowance.

G E NE R A L R I G H T S

How to qualify: To qualify for a Back To Education Allowance, you must be: – at least age 21 (age 24 for a third level or postgraduate course) and – getting one of the following Social Welfare payments for at least 6 months (156 days): Unemployment Assistance, Unemployment Benefit, Farm Assist,One-Parent Family Payment, Deserted Wife’s Allowance, Deserted Wife’s Benefit, Widow’s/Widower’s Non-Contributory Pension, Prisoner’s Wife’s Allowance or Carer’s Allowance (Having ceased caring responsibilities). Or – –

Or – – –

Or –

age 18 or over and getting one of the following Social Welfare payments for at least 6 months (156 days) Blind Pension, Disability Allowance,Invalidity Pension, or Unemployability Supplement.

age between 18 and 20 years and out of formal education for 2 years and getting one of the following Social Welfare payments for at least 6 months (156 days) Unemployment Assistance, Unemployment Benefit or One-Parent Family Payment.

in receipt of Disability Benefit for 3 years or more

Note: Periods spent on VTOS,FÁS training courses,Youthreach, Community Employment schemes, Back to Work Allowance,FÁS Job Initiative or Job Assist can count towards the 6 month qualifying period. You may access the BTEA Scheme directly from one of the above schemes if: – you were in receipt of a relevant social welfare payments prior to participation in one of the above schemes and there is not more than a 4 week break between ceasing one of the above schemes and commencing an approved course of study. Otherwise you must be in receipt of a relevant social welfare payment immediately prior to commencing an approved course of study. – Periods spent on Disability Benefit can count towards the 6 months condition provided you are on one of the relevant qualifying payments for more than 3 months (78 days) prior to commencing the course. – Periods spent in prison may count towards the 6 months qualifying condition. The above conditions must be satisfied before the start of the first year of the course. If you qualify for‘credited contributions’, these will continue to be awarded while you are on BTEA.

3.1.5

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N E W CO M M U N I T IE S

Back to Work Allowance Scheme The Back to Work Allowance for employees encourages people getting certain Social Welfare payments to take up employment. It provides people with a financial cushion to help them to return to work. People participating in this Scheme retain a percentage of their Social Welfare payments for 3 years. How to qualify To qualify, participants must: – be age 23 or over and – have been unemployed for 15 months (12 months if you are aged 50 or over) and have an entitlement to Unemployment Assistance at a weekly rate greater than €50.79 (single person) or €78.72 (ifmarried/cohabiting). – If you are in receipt of the following payments for 15 months (12 months if you are aged 50 or over) you may also qualify (no age limit applies). One-Parent Family Payment, Blind Pension, Disability Allowance, Carer’s Allowance (if you are no longer a carer), Farm Assist, Invalidity Pension, Pre-Retirement Allowance Unemployability Supplement,Widow’s/Widower’s (Non-Contributory) Pension, Deserted Wife’s Benefit or Allowance, or Prisoner’s Wife’s Allowance. If you have been receiving Disability Benefit for at least three years,you may also qualify. Note: Time spent on FÁS Training, Community Employment, Social Economy Programme, Job Initiative,CERT, TEAGASC,FIT, Back to Education Schemes or time spent in prison are accepted as periods of unemployment. Important:Employees must apply before commencing work. In addition,the following people may also be considered for participation in the Scheme: – –

–

People getting Smallholders Unemployment Assistance, provided that the business is new in relation to the holding and not a continuation of an existing operation Qualified Adults of eligible claimants (this involves the claimant transferring their entitlements to the qualified adult,that is,the qualified a dult becomes employed and the original claimant becomes the qualified adult on the Back to Work Allowance claim). People released from prison may also qualify provided they satisfy the necessary criteria. Time spent in prison can count towards the qualifying period.

The work being offered must: – be likely to develop into a lasting job – not displace existing employment – be a minimum of 20 hours per week. – be for at least 12 months Important:Short-term,seasonal or work of a contractual or commission nature is not acceptable.

G E NE R A L R I G H T S

Secondary benefits include: From the Department of Social and Family Affairs: – Fuel Allowance – Christmas Bonus From Regional Health Boards: – Medical Card (the above income limit does not apply) – Rent / Mortgage Interest Supplement may be retained on a tapered basis over four years – see note below. – Diet Supplement – Back to School Clothing and Footwear Allowance From your Local Authority: – Differential Rents.

3.1.6

Back to Work Enterprise Allowance The Back to Work Enterprise Allowance encourages unemployed people,lone parents and people getting Disability Allowance or Blind Person’s Pension to take up selfemployment. People participating in the Scheme receive four years financial support along with any‘secondary benefits’they already have (subject to certain conditions). This Scheme was previously known as the Area Allowance (Enterprise). How to qualify To qualify, participants must: – be setting up a self-employment business which has been approved in writing in advance by a Partnership Company or a Job Facilitator, and – be 12 months on the Live Register and getting Unemployment Benefit or Unemployment Assistance Or –

be getting One-Parent Family Payment, Disability Allowance, Blind Person’s Pension or Carer’s Allowance for at least 12 months. Note: Periods spent on FÁS,CERT, TEAGASC or Back to Education courses are accepted as qualifying periods of unemployment. In addition,the following people may also be considered for participation in the Scheme: – Qualified Adults of eligible Unemployment Assistance/ Unemployment Benefit claimants (this involves the claimant transferring their entitlements to the qualified adult,that is,the qualified adult becomes self-employed and the original claimant becomes the qualified adult on the Back to Work Allowance claim). Secondary Benefits include: From the Department of Social and Family Affairs: – –

Fuel Allowance Christmas Bonus.

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

From Regional Health Boards: – Medical Card (the income limit does not apply) – Rent/Mortgage Interest Supplement (subject to a maximum supplement – this does not apply for the first year) – Back to School Clothing and Footwear Allowance – Diet Supplement. From your Local Authority: – Differential Rents.

3.2

Housing Rights

3.2.1

Local Authority Housing Local authorities assist in housing people either through grants,loans and other assistance or through direct provision. This section deals with such provision. Theoretically, people in need of housing who do not have the resources to provide their own,are eligible for Local Authority Housing. In practice, priority can be given to certain people such as families and older people.

3.2.1.1

Residency Requirements It used to be the case that anyone applying for housing had to have been born in or lived in the local authority area for a specific period of time. This is no longer the case and local authorities must accept applications from anyone living in their areas. They also have the power to accept applications from anyone outside of their area,but practices vary from area to area. This means that refugees,those with leave to remain on the basis of Section 3 of the Immigration Act 1999,those with residency on the basis of being parents of Irish children and marriage to an EU national,and immigrants with citizenship are entitled to apply to be included on the housing list. However asylum seekers are not entitled to be included on the housing list. Some local authorities impose an income limit on applicants. The limit can vary from area to area. Check with your own local authority (i.e. Dublin City Council) to see what the position is. It is quite in order for someone to apply to more than one local authority and maximise their chances of being housed.

3.2.1.2

Eligibility for Dublin City Council Accommodation In determining need the Corporation will have particular regard to the need of applicants in the following categories: – – – –

persons who are homeless, persons living in accommodation that is unfit for human habitation or is materially unsuitable for their adequate accommodation, persons living in overcrowded accommodation, persons sharing accommodation with another person or persons and who in the opinion of the City Council have a reasonable requirement for separate accommodation,

G E NE R A L R I G H T S

– – – – –

3.2.1.3

young persons leaving institutional care or without family accommodation, persons in need of accommodation for medical or compassionate reasons, persons who are elderly or have some form of disability persons who are or have pursued a nomadic way of life and persons who, in the opinion of the City Council,are not reasonably able to meet the cost of the accommodation which they are occupying or to obtain suitable alternative accommodation.

The Application Procedure Once the application form (obtained from Dublin City Council) has been filled in,an official from the local authority or Health Board will visit the applicant. Some local authorities open their lists at set times during the year, and carry out inspections at these times only. Other local authorities assess applicants only when a suitable housing option becomes available.On the basis of the report by this official,an assessment of the applicant’s needs will be made. In some local authority areas,the applicant will be awarded points and put on a housing list, to await a suitable housing offer. The procedure in other areas may be less formalised,in that there may be no points, but there will be a system of priority. As part of the application process, people will be asked where they want to be housed and (in the larger areas) will normally select three areas in which they would like to live. In advising applicants it is important to point out that they may increase their chances of being housed by choosing an area that is in less demand. It is also important to bear in mind that once they have accepted a home,it will be more or less permanent,so that it should be in an area they want. If an applicant turns down an offer it should not make any difference to an application, but will mean that people will be waiting longer. The exception to this is in the case of homeless people or those who have overall priority. In these cases there is usually a rule of two refusals being made. After this,the applicants are no longer given overall priority but are treated as ordinary applicants, on the housing list.

3.2.1.4

Scheme of Letting Priorities This is a scheme which must be drawn up by each local authority, setting out the rules for the allocation of tenancies. This includes matters such as the kind of accommodation which will be made available to say, small families;the number of dwellings they will allocate to tenants on the transfer list;how they will decide priority etc. Copies of the schemes are available from each local authority.

3.2.1.5

The Points System The points system is a means for the local authority to determine need and priority on the housing list.(Not all authorities have a points system.) In effect,the worse an applicant’s present housing situation is,the more points they will get. Applicants will get extra points for each year they are on the list, extra points for new household members, points will be awarded for overcrowding and lack of amenities. The applicant with the most points is top of the list and next in line for housing.

ST E P B Y ST E P â&#x20AC;&#x201C; A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

In certain urgent circumstances,people will be considered without reference to points or waiting lists.Urgent in this case includes situations where people have been made homeless following fire or flood or where they must leave a building which has been declared dangerous by the local authority. Applicants may be given overall priority for special and serious health reasons or on exceptional compassionate grounds.

3.2.1.6

Purchase of Local Authority Housing: Local authorities from time to time operate tenant purchase schemes under which tenants may buy the local authority house they are renting at some discount.A new tenant purchase scheme was introduced in 1995. The new scheme increases discounts for tenants and gives a shared ownership option to make purchase of houses more affordable to tenants. For further details on any of the above contact; Dublin City Council, Allocations and Transfers (Housing list), Civic Offices, Ground Floor Dublin 8. Tel:01 672 2201. www.dublin corp.ie

3.2.1.7

Voluntary Housing Associations The provision of social housing has traditionally been within the remit of the local authorities. Complementary to this however, a voluntary housing sector has emerged which provides housing for low-income families and for vulnerable people with special needs. This housing provision is generally seen as a voluntary local response to a social need, which focuses on both the housing need and importantly other vital services. For further details and a comprehensive list of various voluntary housing associations, please contact: Irish Council for Social Housing 50 Merrion Square East, Dublin 2. Phone:01 661 8334 Fax:01 661 0320 Email:info@icsh.ie www.icsh.ie More specifically in relation to Refugees, Clann Housing Association is a registered charity established as a specialist social housing association to support refugee access to affordable and suitable housing. Clann Housing aims to provide housing and associated services for refugees, research the housing needs of refugees, provide information and training for the providers of housing services for refugees,and inform housing providers and policy makers of the housing services needed for refugees.

G E NE R A L R I G H T S

For more details please contact: Clann Housing Association 3rd Floor, 18 Dame Street, Dublin 2. Phone:01 677 5010/679 0683 Fax:01 672 5040 Email: office@clann.ie www.clann.ie

3.2.2

Rented Accommodation If you are not eligible for local authority housing, you have two options with regards housing, that is to either to rent or buy property. Unfortunately, at the moment tenants in rented accommodation have very limited rights,so it is very important that you know exactly what is involved in renting a property.

3.2.2.1

Deposits Most landlords look for a deposit;this is normally the equivalent to one month’s rent. Make sure you get a receipt.You may lose some or all of your deposit if you: – do not give proper notice or you break your agreement – cause damage to the landlord’s property. – leave with bills or rent unpaid. If you think your deposit has been unfairly withheld contact Threshold (details below) or you can take a claim in the Small Claims Court if your deposit is less than €1,270.

3.2.2.2

Leases Check to see ifthe landlord wants you to sign a lease. If you sign for a fixed period of time (e.g. a year),know that you are agreeing to remain there for that length of time. Do not sign unless you are happy to stay. If you want to leave before the lease is up, you could have to pay the rent for the remainder of the term, or at least lose your deposit. You cannot be asked to leave during that time unless you have broken some of the terms of the agreement. Taking in extra tenants without telling the landlord will usually break your lease.Your rent cannot be increased during that time unless a condition is put into the lease.Your landlord must pay to have the lease drawn up. You must be given the original copy of your lease. If you sign a lease with others, you become responsible for each other’s rent. Do not sign a lease if you do not understand it.Threshold can explain any terms you do not understand. Some tenants rights come from law and some from agreements made with your landlord. These agreements can be written or verbal. It is very important not to agree to anything that you might not be able to carry out,e.g. paying high rent. Tenants have responsibilities,including paying the rent.

3.2.2.3

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

Rent Books Your landlord must supply you with a rent book. All payments made to the landlord must be entered into this book. The rent book should contain certain information including: – your landlords name and address – the term of the tenancy – the amount of deposit paid – the amount of rent, when and how it is to be paid – a statement on the basic rights and duties of landlords and tenants. You keep the rent book;the landlord writes in each payment. If your landlord refuses to supply a rent book you should contact Threshold.

3.2.2.4

Rent increases If you do not have a written agreement, your landlord can raise the rent. If you pay weekly you must be given a week’s notice of the rent increase.If you pay monthly, you must be given a month’s notice of the rent increase.

3.2.2.5

Notice to quit When you do not have a lease and if your landlord wants you to leave he should serve you with notice to quit, which must be in writing and must be given at least four weeks before you have to leave.You must also give your landlord four weeks notice in writing if you want to leave. Your landlord can give you notice to quit, without reason,unless you have the protection of a lease.

3.2.2.6

Standards Your landlord must ensure that your flat/house complies with certain standards.It must be free from damp, must have hot and cold water, a means of heating and a bathroom must be available for your use, but you may have to share the bathroom.You should contact Threshold if your flat does not meet these standards.

3.2.2.7

Eviction Orders If you do not leave by the end of the four week notice to quit period, your landlord must go to court for an eviction order.You are liable for rent until you leave. If your landlord refuses to accept the rent, you should pay it into an account. If you have no reason for staying on after the notice period you may have to pay your landlord’s legal costs.It is unlawful for your landlord to remove you or your belongings without a court order.

3.2.2.8

Privacy Your landlord is not allowed into your flat/house without making an appointment. The only exception to this is in the case of an emergency, e.g. a fire or flood. Contact Threshold if your landlord enters your flat/house.

3.2.2.9

Repairs Unless mentioned in a lease,tenants are not responsible for repairs to damage caused by fair wear and tear, occurring from the ordinary use of a property. Contact the landlord in writing if repairs are not being completed. Not paying your rent could put your tenancy at risk.

G E NE R A L R I G H T S

3.2.2.10

Services You may be asked for a deposit for electricity or gas connection. If you are eligible,your Community Welfare Officer may pay this deposit or may act as guarantor. A landlord is not entitled to disconnect your electricity or water supply. Electricity meters are set at a standard rate.If the setting is too high,contact the Electricity Supply Board (ESB). Landlords are not entitled to overcharge for electricity and gas.

3.2.2.11

Supplementary Welfare Allowance (Rent Allowance) If you are having difficulty paying your rent (or mortgage) and you are getting a social welfare or health board payment, you may qualify for a rent or mortgage interest supplement. The amount of the supplement is determined by the Health Board who will take into account all your circumstances (contact your Community Welfare Officer at your local health centre- see the Health Section of the directory for details.) For further details contact; Supplementary Welfare Section Department of Social and Family Affairs, Ă ras Mhic Dhiarmada Store St., Dublin 1. Phone:01 874 8444.

3.2.2.12

Finding Rented Accommodation Finding rented accommodation can be difficult,particularly in times of housing shortage. There are few short cuts and no magic formulae for finding it. Word of mouth is often a reliable source of information and the following are other tried and tested methods. The â&#x20AC;&#x2DC;flats/accommodation to letâ&#x20AC;&#x2122; columns of evening or local newspapers are where most landlords advertise. Local shop windows carry small ads sometimes for accommodation and some landlords will put a sign up outside a flat or bedsit to let. Keeping eyes and ears open in a local area for small ads and signs is important. There are an increasing number of agencies dealing in the letting and management of accommodation. They are worth trying although the housing they will have on offer may be more expensive than what is advertised in newspapers. They may also require references. Registered auctioneers and estate agents charge landlords and not tenants for letting. Other letting agents however do make charges which vary. There is usually a registration fee plus a charge when suitable accommodation has been found.There appears to be no regulation or registration procedures for these agencies and no price control. The best advice for anyone going through an agency is to clarify what is involved at the outset, to shop around and to always use a reputable agency, preferably one that is licensed and a member of the Irish Auctioneers and Valuers Institute (IAVI). Then if there is cause for complaint there is a body to complain to.

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The main advantage is that the agency will do the flat finding. A further advantage is that the letting and tenancy is likely to be handled in a professional manner and there should be fewer problems. However this is not always the case and some agents are neither professional nor efficient. Finding accommodation in September and October when college terms are beginning is more difficult than at other times of the year simply because the demand increases greatly at this time.Finding long term accommodation during the summer period at tourist destinations can also be very difficult.

3.2.2.13

Types of Rented Accommodation Flat/Apartment: For one or more people, depending on size. Usually self-contained with separate bedroom(s) and kitchen and own bathroom though not always. House: Self-contained, often with better facilities and equipment. Can often be good value if three or four people can share. Bedsit: Usually for one person,sometimes two. Rent should be lower than for a flat but there are less facilities and space. You get one room for sleeping, eating, cooking and living, with bathroom and toilet facilities probably shared with other tenants. The Housing (Standard For Rented Houses) Regulations 1993 state that there should be one toilet and bath/shower for each two flats – or up to four flats provided each flat is occupied by no more than one person. Lodgings/Digs: Own or shared bedroom with food provided and all facilities shared with host family. This type of arrangement is not,strictly, private rented accommodation and is not covered by ordinary landlord and tenant law. The position of someone who is a lodger or in digs is quite different to that of a tenant. Any contract will determine the conditions of his or her stay but,since the owner remains in occupation and control,the rules in respect of lettings and tenancies do not apply. Strictly speaking, there is not even a need for notice to quit to be served. In practise however there is a legal inference that any lodger or guest be treated ‘reasonably’. That of course is open to interpretation. The standard of accommodation can differ considerably ranging from luxurious at the top end of the market to grotty and potentially dangerous at the lower end. People claiming social welfare can have problems because some landlords are not keen on signing rent allowance forms or just prefer people who are working. Some landlords simply do not like students and will not let to them,others prefer students. Families probably encounter most difficulties,unless they are in a position to rent a whole house.Landlords may think that children will upset other tenants or will make a mess of a flat or that a family is more difficult to evict. Non-nationals also encounter difficulties because of racial prejudice or fear. Since the Equal Status Act (2000) was enacted it is illegal to discriminate in the provision of services (including accommodation) under nine grounds (race or ethnic origin are covered by the nine grounds). If you feel that you have been discriminated against you may voice your concerns to the Equality Authority – 01 417 3333, within 3 months of the act taking place.

G E NE R A L R I G H T S

For further details on any of the above contact: Threshold, 6 Harbour House, Western Way, Phibsborough, Dublin 7. Tel:01 872 6311 or 01 874 9750. Fax:01 872 6063 Email:info@threshold.ie Website:www.threshold.ie

3.2.3

Supports for Purchasing a House There is a wide range of loans now on the market from private and commercial lending agencies and local authorities and people should study them carefully before making a decision.

3.2.3.1

Local Authority Loans The aim of local authority loans is to provide finance to people on relatively low incomes in need of housing. As with other local authority schemes there may be some variation in practice and policy from area to area. Applicants must have been refused a loan from both a bank and building society. The refusals must be in writing. Applicants must have earnings that are below certain income limits.Where there is only one earner in a household,his/her income must be less than €31,743.45 in the previous tax year. Where there are two or more earners,their combined incomes are assessed according to a formula and must not exceed €79,358.63.P60s will be needed as verification. The income limit does not apply to the following applicants: – a tenant or tenant purchaser who is returning a property to the local authority or – a person whose application for local authority housing has been approved by the local authority or – a tenant for more than one year of a house belonging to a voluntary housing body under the Rental Subsidy Scheme who is returning the house to the body. While there is no lower income limit,the local authority needs to be satisfied that an applicant can meet loan repayments. Where a person’s only source of income is a social welfare payment they are most unlikely to be considered.

3.2.3.2

Annuity Loan This is the traditional mortgage repayable over a maximum period of 25 years for a second hand house and over a 30 year period for a new house.

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Loans will be given of up to 95% of the purchase price up to a maximum of €126,973.81. The amount of the loan is determined by the local authority subject to the maximum. Mortgage repayments should not exceed 35% of the household’s net income (after tax, PRSI and Health Contribution). Interest rates are fixed and are currently more than the market rate.An annuity loan will not normally be made to people who have previously owned a house,although there are exceptions to this, such as where people are living in substandard conditions.

3.2.3.3

Shared Ownership Mortgage Under this scheme, which was introduced in 1991,shared owners purchase at least a 40% share in a house of their choice and rent the balance from the local authority. It is aimed at people on low incomes who could not afford to buy a house with an ordinary mortgage. Eligibility is restricted to people in need of housing whose income is less than €31,743.45. Where there are two incomes local authorities use an overall income limit of €79,358.63 and apply the following formula: Multiply the gross income of the principal earner by 2.5 and add the gross income of the subsidiary earner. If the result is €79,358 or less you are eligible. The income limit does not apply to the following applicants: – a tenant or tenant purchaser who is returning a property to the local authority or – a person whose application for local authority housing has been approved by the local authority or – a tenant for more than one year of a house belonging to a voluntary housing body under the Rental Subsidy Scheme who is returning the house to the body. Applicants choose a property which the local authority purchases. Application should be made to be local authority where the house is located. The applicants must normally pay a deposit of €1,269.74 to the local authority. (The €1,269.74 deposit may be waived if you are resident in a major urban area and are resettling in a rural area or if you have been approved for local authority housing or are surrendering a local authority house for reletting). The applicants can then arrange a mortgage to purchase a minimum 40% share in the property or can contribute cash of their own. Mortgages can be provided by a local authority or a commercial lending agency. The applicants must meet the repayments on the mortgage over twenty five years and pay rent to the local authority for the remaining share. Rent is set at 4.5% of the value of the local authority share, adjusted each year in line with inflation.At some stage within the 25 years,the local authority share must be bought over, at its original value which will be increased annually in line with inflation. It can be bought out in full at any time or additional shares may be bought either by increasing the mortgage or paying cash.When the original mortgage is paid offafter 25 years,the owner may take out an additional mortgage to buy out the remaining share.

3.2.3.4

Tenant Purchase Schemes Local authorities from time to time operate tenant purchase schemes under which tenants may buy the local authority house they occupy at significant discounts.

G E NE R A L R I G H T S

3.2.3.5

First Time Buyers Grant If you are a first time buyer and building or buying a new house the €3,809.21 ‘First-time Buyers Grant’ will be granted to applicants under this scheme;it will be paid direct to the local authority and credit for the grant will be given in calculating the applicants 40% share in the dwelling. Some local authorities operate an upper limit on the amount that can be borrowed under the shared ownership scheme,while others set a maximum percentage of income which they will allow to be apportioned to rental/mortgage payments. In each case the long-term viability of the mortgage/rental payments is the key concern.

3.2.3.6

Rent Subsidy A subsidy is available on the rental portion of payments for people with incomes of less than €25,394.76 per annum.Incomes in this context includes the income of the joint purchasers and the purchaser and his or her spouse. Any properties must be acceptable to the local authority in terms of its suitability to the applicant’s needs and must meet certain minimum physical standards (floor space,water supply etc). It must be reasonably priced and free from structural defect. Properties may be new or second hand and loans can be given to build a new house. For further details contact; Loans, Sales and Grants Section, Dublin City Council, Block 2, Upper Ground Floor, Civic Offices, Dublin 8. Phone:01 672 2195. www.dublincorp.ie

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3.3

Health Rights

3.3.1

Medical Card A medical card issued by a local health board enables you to receive free general practitioner services; prescribed drugs and medicines (with some exceptions);in-patient public hospital services;out-patient services; dental, optical and aural services;medical appliances;maternity and infant care services;and a maternity cash grant of €10.16 on the birth of each child.A medical card would normally cover the applicant and his/her dependent spouse and child dependants. Any new dependants (e.g. new born children) should be notified to the health board so that they can be added to the card without delay. A plastic card (similar to a credit card) is issued. Medical cards are issued to persons who fulfil a means test undertaken by a CWO. All people over 70 are entitled to a medical card regardless of means.You are free to choose a GP from a panel of participating doctors. The GP you select must generally have his/her practice within seven miles of where you live.The GP must agree to accept you as a patient. You pick a doctor from the list and ask the doctor to sign the Acceptance Form, which is then returned to the health board.Your medical card will show your doctor’s name. Full-time students aged 16-25 who are financially dependent on their parents would only be entitled to a medical card if their parents held a medical card.Students, who are financially independent of their parents,e.g.,they have income from part-time work,and who satisfy the means test may be entitled to a medical card. In this case,the health board where the student is attending college would issue the medical card.A student in receipt of Disability Allowance will generally be entitled to a medical card. Lone parents with dependents are assessed under the income limits for married persons. If you qualify for a medical card,you will be given a list of doctors and a Doctor’s Acceptance Form. It could happen that a doctor would be unwilling to take you on, for example,if he or she already has too many patients, but this is not normally a problem. Medical cardholders are exempt from paying the Health Contribution. They may also be exempt from paying the school transport charges. Medical cards are usually granted to children in foster care.Some people may be entitled to a Medical Card under EU Regulations.

Hardship grounds Where a person’s income is over the limits but s/he is unable to obtain a specific service without undue hardship the health board may grant a Medical Card.For example,if a child had a particular illness, which required a high medical expenditure,s/he might be granted a Medical Card even though the family as a whole would not qualify.

Moving to a new area or going on holidays You can use your medical card for up to three months if you are living temporarily in a different area.In this case, you can attend any GP in the area participating in the medical card scheme.If you are going to be away longer than three months,you should apply to the health board for that area for a medical card. If you move to a different part of your own health board area, you can apply to change your doctor.

G E NE R A L R I G H T S

If you go on holidays abroad except to the UK you should obtain a form E111 from the local health board before you go. This entitles you to urgent necessary treatment in the other country.

Rates Medical Card income guidelines,as at October 2002 Weekly Income Limit (Gross less PRSI and Health Contribution) Category

Single person living alone Single person living with family Married couple Allowance for child aged under 16 *Allowance for dependants aged over 16 (with no income)

Aged under 66 (â&#x201A;Ź) 132.00 117.00 190.50 24.00

Aged 66â&#x20AC;&#x201C;69 (â&#x201A;Ź) 144.00 124.00 214.00 24.00

25.00

*This allowance is doubled where a child is in full-time education and is not grant-aided. Widowed and other lone parents with dependants will be treated under the same income guidelines as a married couple with dependants. People who have been unemployed for at least one year may retain their Medical Card for three years.People on employment schemes operated by the Department of Social and Family Affairs and people benefiting from the Revenue Job Assist Scheme will also keep their Medical Card for three years.

General practitioner services You are entitled to the full range of GP services. You are entitled to the same treatment as a private fee-paying patient,e.g. you are entitled to home visits on the same basis as any other patient. You are not entitled to either smear tests or cholesterol tests unless they are part of ongoing treatment for a particular condition.

Drugs and medicines With some exceptions you are entitled to prescribed drugs and medicines free of charge. The prescription is written by the doctor on a special form and most chemists participate in the scheme and will fill the prescription. Medical Card holders should be treated in exactly the same way as private patients when they call to the chemist.

Hospitals You are entitled to in-patient services in a public ward and out-patient services at a public hospital free of charge. If a Medical Card holder goes into private or semi-private accommodation s/he is liable for charges in the same way as anyone else.

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Maternity care and maternity grant An expectant mother who is covered by a Medical Card is entitled to full medical, surgical and midwifery services free of charge. Most family doctors provide these services and so the usual situation is that the woman’s family doctor will look after the health needs concerning the pregnancy. The woman is also entitled to free hospital care in a public ward during confinement.

Public health nurses and home helps Health boards must provide public nursing services for home nursing and may provide home help services. In practice the extent of these services varies from one health board to another.

Dental, optical and aural services You have a legal right to these services,e.g. dental treatment, glasses,hearing aids, etc. In practice the availability of services varies from one health board to another and there may be long waiting lists. From 1st January 2000,the Health Boards Dental Treatment Services Scheme has been extended to include routine dental services to all medical card holders aged over 16 and full denture treatment for medical card holders with no teeth. For a list of participating dentists, contact your local health board office or clinic. Services now provided under the scheme include: – Routine treatment to those with medical card entitlement aged over 16 – Priority full denture treatment i.e.full upper and/or full lower dentures to all medical card holders who have no natural teeth.

Medical and surgical appliances Where a doctor certifies appliances (including wheelchairs) as necessary, they will be provided free of charge. Detailed arrangements vary from one health board to another.

Chiropody The extent of chiropody services varies widely. Usually it is restricted to people over a certain age.Where a service is provided it is usually for a fixed number of treatments in a year.

Travelling to and from health services Where public transport is impractical,health boards may provide transport in minibuses for Medical Card holders (e.g. to out-patient clinics). It may be possible to get assistance with the cost of public transport in some cases and you should contact your local Community Welfare Officer.

G E NE R A L R I G H T S

Visiting children in hospital Health boards usually pay the travelling expenses of parents visiting a child in hospital where the child is under 16 (this age limit may be waived in some cases,e.g. if the child has an intellectual disability). Usually the arrangement should be made in advance of the visit:it is not usually possible to get expenses paid after a visit. Where the health board does not help directly with such expenses it may be possible to get assistance from your local Community Welfare Officer.

Medical Cards and the Health Contribution Where the Medical Card holder is an employee,s/he should tell the employer that s/he has a Medical Card so that the Health Contribution will not be deducted. The onus is on the employee to inform the employer. It is possible to get a refund for years where the Health Contribution was deducted in error.

How to apply Get an application form and a list of participating doctors from your local health centre or Community Care Office (See Directory). Complete it and bring it to the doctor you have chosen from the list of participating doctors. If the GP accepts you as a patient, he/she signs the form.Your Medical Card will then show your doctor’s name. Your employer also has to sign the form and certify your earnings or if you are claiming a social welfare payment,the form has to be stamped at the Social Welfare Local Office.Selfemployed people have to submit their most recent Tax Assessment Form and audited accounts. A Medical Card is issued for a limited period and a review date will be shown on the card. At the time of writing there is no statutory appeal system for Medical Cards.However you can ask the health board to reconsider the initial decision. Write to the Chief Executive Officer of the health board.You should ask why you have been refused and should look for the reasons why the decision was given. You can submit further information about your medical condition or your means as appropriate. If your circumstances change you can reapply for a Medical Card. Any queries in relation to medical cards should be directed to the South Western Area Health Board at 1800 520 520.

3.3.2

Dietary Supplement In addition to the basic weekly income payment payable under Supplementary Welfare Allowance, additional weekly supplements can be paid for special diets and heating requirements. A person will be entitled to a supplement for a prescribed diet by virtue of a ‘specified medical condition’. To get a supplement it must be certified by a hospital consultant or a hospital registrar that the claimant or any adult or child dependant of his/hers has been prescribed a diet by virtue of a specified medical condition and the nature and duration of the diet must be verified.

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In the case of diet supplements for diabetics (diabetic mellitus only) and persons suffering from cystic fibrosis,the long-term illness scheme book may be accepted as verification of the fact that such a diet has been prescribed. The following diets are specified in regulations: In the case of a person who is 18 or over a diet supplement may only be paid for one of the following diets: Low cost diets Diabetic diet Low fat,low cholesterol diet Reducing (calorie restricted) diet High fibre diet Low fat diet High protein,high calorie diet Gluten free diet

Higher cost diets Low protein,high calo rie diet Liquidised (altered consistencies) diet Low lactose,milk free diet High protein,low salt diet Modified protein,high calorie diet.

In the case of a person under 18 years a diet supplement may be paid for the following: Reducing (calorie restricted) diet High fibre diet Low fat diet Diabetic diet High protein,high calorie diet

Modified protein,high calorie High protein,low salt diet Low protein,high calorie diet Low lactose,milk free diet Gluten free diet

In all cases,the length of time for which the diet is being prescribed and the type of diet must be stated.

3.3.3

The Drugs Payment Scheme The Drugs Payment Scheme operates on a monthly basis. It limits the amount which an individual or family must pay for medicines in any one month to €65. No medical certificate for particular conditions is required. All individuals and families in the State should register for this new scheme. Registration forms are available from pharmacies,GPs surgeries, or your local health board office and these should be completed and returned to your local health board office as soon as possible. There is a facility for on-the-spot registration for the scheme in community pharmacies,in situations where the individual or family who has not registered incurs expenditure in excess of €65 and can provide the pharmacist with all the necessary details,including RSI (PPS) number(s). In such cases,patients will only be charged €65. Again,a completed registration form should be returned immediately to your local health board office. It is intended that all members of families using the scheme will be issued with a magnetic card,similar to a bank card. This card will give any pharmacist on-line access to the GMS Payments Board so that they can check when the €65 family threshold has been reached.

G E NE R A L R I G H T S

The computer system for the scheme will enable individuals or members of the same family to use different pharmacies within the same month. However, pending the full introduction of the necessary swipe card technology in pharmacies,individuals or families should use the same pharmacy in a particular month in order to benefit under the scheme. There is a common list of medicines for the Drugs Payment Scheme and the General Medical Services (medical card) scheme. It includes all essential prescribed medicines from the schemes. However a range of over-the-counter preparations which do not need a prescription have been removed from the list – before 1999 the cost of these could be claimed under the Drugs Refund Scheme. Please note:the threshold for the scheme is currently under review and may be subject to increase.

3.3.4

Long-term Illness Scheme People suffering from one of a list of prescribed diseases or disabilities are entitled without charge to the drugs,medicines and medical and surgical appliances prescribed for that disease regardless of their income. The diseases include: – Mental handicap – Mental illness (for person under 16 only) – Phenylketonuria – Cystic fibrosis – Spina bifida – Hydrocephalous – Diabetes mellitus – Diabetes insipidus – Haemophilia – Cerebral palsy – Epilepsy – Multiple sclerosis – Muscular dystrophies – Parkinsonism – Acute leukaemia If you suffer from any of these conditions you can apply for a long-term illness card to your local health board.

3.3.5

Maternity Care Women who have medical cards are entitled to maternity care,infant welfare services, general practitioner and other services such as dental, optical and the supply of drugs. There is also a maternity grant of €10.16 payable to a woman with a medical card on the birth of her baby. Application for the grant should be made to the local area office of the health board. As soon as the baby is born s/he should be put on the medical card. Everyone who is above the income limit for a medical card is entitled to all in-patient public hospital services in public wards, subject to certain charges.A maternity and infant care service is provided free of charge to all women. This includes the services of the family doctor during pregnancy and family services for mother and baby for up to 6 weeks after the birth. It also includes in-patient and out-patient services at either a

S T EP BY S T EP – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

maternity hospital or in a maternity unit of a general hospital as a public patient. If a woman wishes to attend her doctor (see combined care scheme) she is entitled to 6 ante natal and 2 postnatal visits free of charge or more if her doctor thinks it necessary. To avail of this the doctor must be participating in the Maternity Services Scheme and the woman must apply to the health board.Application forms are available from her doctor or from the health board. You can also attend an obstetrician privately.You see the same doctor at every visit although there is no guarantee that your consultant will be there at the birth. Visits are made by appointment. The consultant’s fee can be €507.90–€634.87. Accommodation in private hospitals can be over €190.46 per day and semi-private accommodation in public hospitals averages around €132.05 per day. Other expenses such as epidurals and tests should be allowed for. Women who have been members of VHI (Voluntary Health Insurance) for one year prior to their admission to hospital can claim for the costs of maternity care.They are allowed €380.92 for hospital care which generally covers the cost of three days in semi-private accommodation. However the allowance of €167.61for the consultants fees covers only part of the real cost. Note: As soon as the baby is born it should be added to the VHI policy. Single mothers may be able to claim Lone Parents Allowance. After the baby is born Child Benefit must be claimed within 3 months. For details of either of the above contact your Community Welfare Officer at your local health centre (see Directory) or Social Welfare Office. Thomas St., Dublin Phone:01 636 9330. Or Department of Social and Family Affairs PO. Box 3840 Dublin 2. Phone:01 704 3165 Website:www.welfare.ie or www.comhairle.ie

3.3.5.1

Ante Natal Care A pregnancy test can be done by your family doctor and once a pregnancy is confirmed you may have a number of choices. If you live in Dublin or Cork you may be able to choose which hospital you wish to attend. In rural areas you attend the nearest hospital unless you are prepared to travel long distances to another one.You should book into the hospital and make your first ante natal visit by the time you are 12 weeks pregnant. During the last months of pregnancy ante natal classes are available in most hospitals which includes a tour of the labour ward. Here the various methods of pain relief and different birth positions will be described. Public patients and private patients receive the same ante natal care but public patients will face long queues,less privacy and will not see the same doctor at each visit.

G E NE R A L R I G H T S

You can receive all your ante natal care at the hospital or you can avail of combined care. This means that your GP can do your ante natal checks up until the last six weeks of pregnancy. After this you go back to the hospital for the last few visits.

3.3.5.2

Home Birth If you wish to have your baby born at home you should start arranging this as soon as your pregnancy is confirmed. If your GP is unwilling to attend you for a home delivery you should write to your local health board for lists of doctors and midwives who do home deliveries. You can also write to the Home Birth Centre for lists and other information (see addresses at the end of this section).

3.3.5.3

Giving Birth If you have any specific requests about the way you wish to give birth e.g. use of drugs, position etc., you should discuss these with the doctor and midwives at your ante natal visits and make sure that your requests are written on your chart. This is important as you will be attended by different staff during your labour and delivery. In many hospitals if you have a normal birth you will be delivered by a midwife. There is always a doctor on duty in the labour ward and in some cases the doctor may do the delivery. In most places your partner will be allowed to stay with you during the labour and birth but it is important to check this at your ante natal visits.

3.3.5.4

Postnatal Care If this is your first baby ideally you should be allowed to remain in hospital for 4â&#x20AC;&#x201C;5 days after the birth of your baby if you wish to do so. Some women may want to leave after 48 hours especially in the case of second and subsequent babies.Even in these cases they should ensure that they have help at home in the first few days. Unfortunately cuts in health spending mean that women may be asked to leave hospital after 48 hours. If you wish to stay longer you should request this as it is important that you have the choice of remaining in the hospital for at least 4 days after your first baby is born if you wish to do so. While you are in hospital you will be shown how to look after your baby and given advice on feeding. A paediatrician will examine your baby after the birth.At six weeks you will receive a postnatal check. It can be done at the hospital or by the family doctor under the combined care scheme. If you do have any problems you should contact the public health nurse or the hospital. A mother and infant care service,including the services of a general practitioner during pregnancy and general practitioner services for mother and baby for up to six weeks after the baby is born,is available free of charge to all women.

3.3.5.5

Immunisation Immunisation is provided against a number of infectious diseases.The usual timetable for immunisation is given here. These vaccines are administered free of charge by general practitioners to children aged up to 15 months:

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

At Birth BCG At 2 Months Diphtheria Whooping Cough 3 in 1 Tetanus Polio – given orally Hib

At 4 Months Diphtheria Whooping Cough 3 in 1 Tetanus Polio – given orally Hib At 15 Months Measles Mumps MMR Rubella About 5 Years Diphtheria Booster Tetanus Booster 12 to 14 Year BCG (if not immune) 10 to 14 Years MMR (boys and girls)Polio Booster

3.3.5.6

Other Child Health Services The following services are provided free of charge by health boards: – Pre-school public health nursing service – Health examination service,including vision and hearing screening, for pre-school children and national school pupils – All necessary follow-up services for defects discovered at these examinations – Dental, ophthalmic and aural treatment and appliances for defects discovered at these examinations – Preventive dental treatment for children up to fourteenth birthday. Hospital in-patient and out-patient services are provided free of charge for all children aged under 16 who are suffering from any of the following conditions: – Mental handicap – Spina bifida – Mental illness – Hydrocephalus

G E NE R A L R I G H T S

– – – –

3.3.5.7

Phenylketonuria Haemophilia Cystic fibrosis Cerebral palsy.

Support Services Public health nurse: S/he is notified of the birth by the hospital and will visit you at home within a week or so although it can sometimes be longer. S/he will tell you details of your local baby clinic and will inform you about immunisations etc.S/he visits at least 3 times in the first year and will visit more often if the parents request it.His or her concern is the health of the baby. Breastfeeding advice: You will be given advice and assistance by the nursing staffin the hospital and by your public health nurse. If you still need further help and information you can contact La Leche League or Irish Childbirth Trust (see addresses below). Home help service: If you need help at home after the birth the home help service may be able to help you. You can contact the local organiser at your local health clinic. Family planning:Family planning advice is available at most maternity hospitals and at family planning clinics

Useful contacts: Caesarean Support Group, 111 Wedgewood Maples, Sandyford, Dublin 16. Phone:01 295 4953. Cura (Pregnancy Advice), 30 South Anne Street, Dublin 2. Phone:01 671 0598. Treoir: Federation of Services for Unmarried Parents and their Children, 36 Upper Rathmines Road, Dublin 6. Phone:01 496 4155 Home Birth Centre, 11 Edenmore Crescent, Raheny, Dublin 5. Phone:01 848 2875. Irish Family Planning Association, Solomons House, 42a Pearse Street, Dublin 2. Phone:01 474 0944 (general calls). Fax:01 474 0945.E-mail: post@ifpa.ie.

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

Irish Stillbirth and Neonatal Death Society, Carmichael House, North Brunswick Street, Dublin 7. Phone:01 820 8143/01 295 9785. Irish Sudden Infant Death Association, Carmichael House, North Brunswick Street, Dublin 7. Phone:01 874 7007. Freefone 1800 391391. La Leche League – Breastfeeding Help and Information, 265 Martello, Portmarnock, Co. Dublin. Phone:01 846 3248/01 490 9685 (see phonebook for local numbers)

3.3.6

Hospital Services Everyone is entitled to public in-patient and out-patient services regardless of their income but subject to certain charges.This means that you are entitled to a bed in a public ward and consultant services and to out-patient services in a public hospital provided that you opt for public health care. There are certain charges for some groups of people for these services. If you do not opt for public care and avail of private treatment instead then you (or your health insurance company) will have to pay the full price for the services provided. It is important to make clear to the hospital whether you are opting for public or private care or else you can be billed incorrectly for services. As a public patient you must use a public bed and ifthere is a waiting list you will be placed on a waiting list for a public bed. If you are a private patient you will be required to avail of a private or semi-private bed and you are liable for all hospital and consultant’s fees. People who attend the Accident and Emergency Departments of public hospitals directly, without a referral note from their doctor, will be liable for a charge of €40 (August 2002). This charge should only apply for the first visit for any episode of care.General outpatient charges were abolished in 1994. The in-patient daily charge is €36 (August 2002) per day subject to a maximum of €360 in any period of 12 consecutive months.Day-care patients are also regarded as inpatients. The charge has applied per day or any part of a day. However, the Minister for Health has stated that amendments will be made to regulations governing hospital charges to ensure that people admitted to hospital overnight and discharged the following morning will not be subject to a double charge. The maximum charge of €360 applies to services in one or more hospitals.Receipts should be kept as evidence of payment. The following groups do not have to pay any charges : – Medical card holders – Women receiving maternity services – Children up to the age of 6 weeks

G E NE R A L R I G H T S

– – – –

Children suffering from prescribed long-term illnesses Children referred from child health clinics and school examinations People receiving treatment for long-term infectious diseases In cases of undue hardship a health board may provide a service free of charge.

Separately from the above charges,hospital charges may be imposed on long stay patients under the Health (Charges for In-Patient services) Regulations 1976 and 1987. This only applies to people who: – have no dependants and – have been in receipt of in-patient services for 30 days or for periods amounting in total to 30 days in the previous 12 months. The charge in this case is to be set at a rate not greater than the person’s income less an amount of at least €3.17.(In practice, Health Boards have discretion to vary this amount.) In practice this charge applies to medical card holders as Health Boards automatically deem that a person with a medical card no longer is entitled to it once s /he becomes a long-stay patient. Charges cannot be imposed under both the general in-patient charges and the long-stay regulations. Persons admitted for hospital in-patient services in a public hospital who are in arrears of health contributions are liable for an admission charge of €190 under the Health (Hospital-patient charges) Regulations 1984 and 1986. This charge should not affect medical card holders as they are not liable for health contributions nor it should it generally affect PAYE workers as they have their health contribution deducted from their pay automatically. The charge does not apply to – Women receiving maternity services and – Treatment of prescribed diseases. It appears that this charge was mainly aimed at self-employed people including farmers who had not paid their health contributions. It does not appear to be widely applied in practice. Where an injury is caused to a person by the negligent use of a mechanically propelled vehicle (e.g. a car or lorry) in a public place and hospital services are provided to that person and the person receives or is entitled to receive damages or compensation the Health Board will charge for the services provided under the Health (Amendment) Act 1986. The amount of the charge is not set out in the legislation but the Minister for Health has said that it would normally be the average daily cost per bed in the hospital concerned. Charges are payable only when compensation is awarded to the injured person. The Health Board may waive this charge ifit considers it proper to do so taking into account the amount of the damages received (e.g. if no damages are received the charge will be waived).

3.3.7

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N E W CO M M U N I T IE S

Private Health Insurance For details of private health insurance options please contact: Voluntary Health Insurance Board VHI House Lower Abbey Street Dublin 2 Telephone 01 8 72 4499, or any other VHI office, Or BUPA Ireland Mill Island Fermoy Co. Cork Tel (025) 42121 or 01 662 7662

3.3.8

Support Services for Drug Users

3.3.8.1

Rialto Community Drugs Team The Rialto Community Drug Team has been in operation since 1992 and is a partnership between the community and the Health Board. In providing a range of services for individuals,families and the broader community, the Drug Team places great emphasis on the creation of a hospitable,friendly and safe environment for its clients.A drop-in facility operates on a sessional basis from Tuesday to Thursday. Services include; – – – – – – –

Counselling, Crisis work Treatment, Alternative therapies Group work Community outreach Networking.

Contact: Tony McCarthaigh St. Andrew’s Community Centre,468 South Circular Road, Rialto Dublin 8. Phone:01 454 4855

3.3.8.2

Inchicore Community Drug Team The Inchicore Community Drug Team provides a holistic response to the drug problem in Inchicore. This includes; – Prevention – Education – Treatment – Aftercare – Community Development Contact: Inchicore CDT, Unit 13,Goldenbridge Industrial Estate,Inchicore, Dublin 8 Phone:01 473 6502

G E NE R A L R I G H T S

3.4

Citizenship and Voting Rights Anyone born in Ireland is automatically an Irish Citizen and anyone whose father or mother was Irish at the time of the person’s birth is automatically Irish. Under the terms of the Irish Nationality and Citizenship Acts,1956 and 1986 there are 3 ways a non-national can become an Irish citizen:

3.4.1

By Descent A person whose mother or father was an Irish citizen born in Ireland at the time of his or her birth is automatically an Irish citizen.A person whose grandfather or grandmother, but not his or her parents, were born in Ireland may become an Irish citizen by registering in the Foreign Births Register at an Irish Embassy or Consular office or at the Department of Foreign Affairs in Dublin. There are also certain circumstances whereby a person can obtain Irish citizenship through his or her great-grandfather or grandmother.

3.4.2

Naturalisation An Applicant for a certificate of naturalisation has to fulfil certain statutory conditions including having a total of 5 years residence in the State in the 9 year period preceding the date of the application,the last year being a period of continuous residence,(an absence of a few weeks on holidays or business would not be regarded as a break in residence for this purpose.) The Minister for Justice,Equality and Law Reform has power to dispense with the conditions in whole or in part,in certain circumstances that are defined by law, e.g.,if the applicant is of Irish descent (though having a distant Irish antecedent would not normally in itself be sufficient where a person is not resident in Ireland or does not have a significant connection with Ireland) or has Irish associations,or is a refugee, or a stateless person.A copy of the prescribed form of application for naturalisation may be obtained from the Department of Justice, Equality and Law Reform. Once an application for Naturalisation has been approved,the person must make a Declaration of Fidelity to the Nation,and Loyalty to the State in open court before a District Judge. Note that refugees do not have to pay a fee,nor do they have to provide birth or marriage certificates or proof of income. Neither do they have to fill in questions 8-30 on the Naturalisation form. However the Department of Justice, Equality and Law Reform has in the past returned application forms to refugees asking more information than that provided in questions 1 to 7. It is recommended that refugees should fill out as may questions as possible to ensure that there are no delays. People who have not been recognised as refugees but who have been granted ‘leave to remain’ on the basis of Section 3 of the Immigration Act 1999 or residency on the basis of marriage to an EU National, or on the basis of an Irish-born child have to: – – –

Fill out all the questions on the application form, Provide three Irish references,and Have the form signed by a Commissioner for Oaths,Peace Commissioner or a Notary Public.

3.4.3

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

Post-Nuptial Citizenship A non-Irish national married to a person who is an Irish citizen (otherwise than by naturalisation,honorary citizenship, or post-nuptial citizenship) may accept Irish citizenship as post-nuptial citizenship by lodging a declaration (if ordinarily resident in Ireland,) at the Department of Justice, Equality and Law Reform, or if ordinarily resident outside Ireland,at the nearest Irish Embassy or Consular Office,not earlier than 3 years from the date of the marriage, or 3 years from the date the applicant’s spouse became an Irish citizen through registration in the Foreign Births Register, whichever is the later. The appropriate forms may be obtained from the Department of Justice, Equality and Law Reform for those persons resident in Ireland, or if resident outside Ireland,from the nearest Irish Embassy or Consular Office.

3.4.3.1

Irish Nationality and Citizenship Act 200112 When the Irish Nationality and Citizenship Act 2001 is brought into effect,the following conditions will have to be met by non-Irish Citizens married to Irish citizens in order to acquire Irish Citizenship. – You are married to an Irish Citizen for at least 3 years – You are of good character – The marriage is recognised as a subsisting marriage under Irish law – You and your spouse are living together as husband and wife – You have been living on the island of Ireland continuously for a year prior to applying for citizenship – You were living on the island of Ireland for at least 2 of the previous 4 years – You intend to continue to live in Ireland – You make a declaration of fidelity and loyalty to the state The conditions relating to residence and duration of marriage may be waived ifit is considered that you would suffer serious consequences in respect of bodily integrity or liberty because of not being granted Irish citizenship. In the three years from the time the Act comes into effect,non-national spouses of Irish citizens may make declarations of citizenship under the current rules.Anyone who marries after the Act comes into effect cannot avail of these provisions as they cannot meet the 3-year duration of marriage requirement.

3.4.4

How long does it all take? A delay of at least a year in processing an application for Naturalisation is normal,and it could possibly be much longer. It helps to speed things up if all the documentation is present and correct. There should be no delay in getting the court to make the Declaration of Fidelity, so an overall delay of 15-18 months,at least,can be expected.

3.4.5

Dual or Multiple Citizenship Irish law does not require that a person give up any other citizenship or citizenships he or she may hold when acquiring Irish citizenship. However, it is advisable that a person taking out Irish citizenship should consult with the authorities of any jurisdiction for which other citizenships are held, to ensure that those citizenships will not be compromised. 12

Relate,October 2001 – Comhairle

G E NE R A L R I G H T S

3.4.6

Giving up Irish Citizenship An Irish citizen who is resident in another country and intends to become a citizen of that country may relinquish his or her Irish citizenship by lodging a Declaration of Allegiance with the Department of Justice, Equality and Law Reform. It should be noted that when the declaration takes effect,i.e., when another citizenship is taken out,the person is no longer an Irish citizen and will be subject to the country’s immigration laws if he or she returns to Ireland. Further information on any of the above can be obtained from: Citizenship Section Department of Justice, Equality and Law Reform 72/76 St Stephen’s Green Dublin 2 Phone:01 602 8202 Email:info@justice.ie

Summary – Anyone recognised as a Refugee under the 1951 Geneva Convention by the Minister for Justice can apply for Irish citizenship as soon as s/he is recognised as a refugee. There might be changes after the enactment of the Irish Nationality and Citizenship Act 2001.(If refugees can’t produce a birth certificate they can visit a solicitor and swear an affidavit that will replace the need for a birth certificate). – Programme Refugees can apply for Irish citizenship 3 years after they arrive in Ireland. – Individuals who do not have refugee status but who have been granted leave to remain under Section 3 of the Immigration Act 1999 can apply for citizenship after 5 years. – Individuals who have been granted residency on the basis of marriage to an EU national or on the basis of an Irish born child can apply for citizenship after 5 years. – Individuals who have been granted residency on the basis of marriage to an Irish national can apply for citizenship after 3 years.

3.4.7

Voting Rights You must be 18 years and on the Register of Electors,(see below for how to get on the register.) Those who can vote: General Elections Irish and UK citizens Seanad Elections Citizens are not entitled to vote other than graduates of Trinity College Dublin and the National University of Ireland (NUI),Outgoing Seanad,Incoming Dáil,Members of County Councils. Local Elections All those ordinarily resident in the Irish State of any Nationality

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

Referenda and Presidential Elections Irish Citizens only European Elections EU Nationals

Electoral Register This is compiled every year. The draft register is published on 1st November and can be inspected at your local library, post office,Garda station or local authority office up to 25th November. Being on last year’s register does not guarantee that your name will appear on this year’s register. A final register is published on 1st February and comes into force for a year on 15th February. However there is also a provision that people not included on the register who are qualified to vote can apply to be included on a supplement to the Electoral Register up to about a fortnight before polling day. As part of the register of electors, registration authorities also prepare a list of special voters composed of electors with a physical illness or disability living in hospitals, nursing homes etc. who wish to vote in these locations. In order to qualify, an elector’s physical illness or disability must be likely to continue for the duration of the register and prevent him from going to a polling station to vote. Applications to be entered on the special voters list must be made by 25th November and,in the case of a first application must be accompanied by a medical certificate. Please note: to register for election you must provide proof that you are residing at a ‘permanent’ address.‘Permanent’ does include rented accommodation but not hostel accommodation.

Contact Points: For further details, contact your local council, corporation or town commissioner (listed in the green pages of the telephone directory) or the Franchise Section of the Department of the Environment and Local Government, Custom House,Dublin 1. Telephone:01 888 2000. Fax:01 888 2690.Email:franchise@environ.irlgov.ie Voters Registration (for Dublin City Council Area) Voters Registration Section (Franchise Section) Dublin City Council, Civic Offices, 3rd Floor, 16/19 Wellington Quay, Dublin 2. Tel:01 675 5010 Fax:01 675 5997

G E NE R A L R I G H T S

3.5 3.5.1

Education Rights Entering School A child must be four years of age before starting Primary School.When a child reaches the appropriate age its parents/guardians should contact the school of their choice to see if there is a place available. While most schools are in a position to enroll all children who apply, there is no automatic guarantee of a place in the local school. Where there is an accommodation problem,the school must give priority on the basis of their enrollment policy. This is drawn up by the Board of Management and should be available to parents/guardians on request. The school may place the child on a waiting list and other schools may have to be contacted to find a place. Overall, primary schools must be open for a minimum of 183 days in each school year. All schools must close for the months of July and August. Holidays at Christmas,Easter and other times are at the discretion of the school. A child may be transferred from one school to another where the transfer results from a change of ordinary residence, or where it is made on or at the first opportunity after the beginning of one of the recognised school quarters (i.e.1st October, 1st January, 1st April or 1st July). In this context,the child should be transferred on the first day a school is open after any of the above dates. At all other times,the transfer of pupils may only be effected with the prior written consent of the Minister for Education and Science. This consent can be obtained from the Primary Administrative Section. For this and any other queries please contact: General Services, Office of the Minister for Education, Communications Unit/Press and Information Office, Marlborough Street, Dublin 1. Phone:01 889 2388 Fax 01 878 6712 A comprehensive list of primary and secondary schools serving the immediate Canal Communities area are listed in the Directory. For details of other education rights please consult the relevant parts of Section Two.

3.5.2

Resource Teacher Schools are entitled to a resource teacher for every 14 pupils who experience English language difficulties.

ST E P B Y ST E P â&#x20AC;&#x201C; A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

EQ U A L I T Y L EG I S L AT I O N A N D R E L AT E D I N ST I T U T I O N S Discrimination involves the denial of employment opportunities, goods,services, educational opportunities, accommodation, etc., because a person is of a different social category. Racist behaviour is discrimination based on race and includes demeaning and hurtful remarks,threats,and injury to person and damage to property.

4.1

The Employment Equality Act, 1998 Prohibits harassment and discrimination in the area of employment on the grounds of race, gender, membership of the Travelling community, age,marital status,familial status,sexual orientation, religion,and disability.

4.2

The Equal Status Act, 2000 Prohibits discrimination and harassment in the provision of goods and services, accommodation,disposal of premises and education on the same nine grounds listed under the Employment Equality Act. Under this equality legislation employers and service providers are liable for discrimination against their employees or customers if they do not attempt to prevent such discrimination. More detailed explanations of the Equality legislation can be obtained from the Equality Authority (see Section 4.4). Ireland has ratified the UN Convention on the Elimination of all forms of Racial Discrimination and so is obliged to adhere to its terms. The Convention defines discrimination as a denial of basic human rights essential for the human dignity and respect of peoples.

4.3

Prohibition of Incitement to Hatred Act, 1989 The public use of words, behaviour, or written material, which is threatening, abusive or insulting towards particular groups of people,and/or is likely to give rise to increased hatred,is outlawed by the Prohibition of Incitement to Hatred Act,1989.

E Q UA L I T Y LE G IS L AT I O N A N D R E L AT E D I N S T I T U T I O N S

4.4

The Equality Authority The Equality Authority has responsibility for the elimination of discrimination and harassment,and to promote equality in the areas of employment and the provision of goods and services. It is also involved in promoting awareness on these issues. To carry out these functions,the Authority relies on the two aforementioned pieces of legislation: Employment Equality Act and Equal Status Act. Contact: Equality Authority, 2 Clonmel Street, Dublin 2. Phone:01 417 3333 Fax:01 417 3331 Text Phone:01 417 3385 Email:info@equality.ie Website:www.equality.ie

4.5

ODEI – the Equality Tribunal Those who feel that they have been the victim of discrimination relating to any of the nine grounds quoted in the Employment Equality Act or Equal Status Act,and feel they haven’t been offered an appropriate response by their employer/service provider, can contact the Equality Authority, which offers free advice on their various options regarding redress. If it is felt that the alleged act of discrimination should become subject to investigation,a case is prepared for ODE,the Equality Tribunal. This office is separate from the Equality Authority and has the power to issue decisions regarding alleged cases of discrimination that are enforceable through the Circuit Court. Decisions may include the imposition of fines (up to €12,697),pay-relief or a re-instatement order in relation to unfair dismissal. Contact: ODEI – the Equality Tribunal 3 Clonmel Street, Dublin 2. Phone:01 477 4100 Fax:01 477 4141 LoCall:1890 34 44 24 Email:info@odei.ie Website:www.odei.ie

4.6

ST E P B Y S T EP – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

Human Rights Commission The commission was formally established in July 2001. The main functions of the commission are: – – –

–

– – –

To keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights. To consult with such national or international bodies or agencies who have a knowledge or expertise in the field of human rights. To make such recommendations to the Government as it deems appropriate in relation to measures which it considers should be taken to strengthen, protect and uphold human rights in the State. To promote understanding and awareness of the importance of human rights in the State and,for this purpose, to undertake,sponsor and commission, or provide financial or other assistance for research and educational activities. To conduct inquires. To become involved in certain proceedings in the courts. To take legal action in its own right.

Contact: Human Rights Commission 17/19 Lower Hatch Street, Dublin 2. Phone:01 647 2562

4.7

National Consultative Committee on Racism and Interculturalism (NCCRI) Establishment of the National Consultative Committee on Racism and Interculturalism (NCCRI) came about from the European Year Against Racism,1997.Its main functions are: – – – – – – – – –

Support the development of an Anti-Racism approach by Governmental Bodies. Raising awareness about Racism,especially in popular media. National focal point on Racism in Ireland (along with the Equality Authority). Participate in European wide networks. Work in partnership with key government bodies and NGOs to address issues specifically experienced by refugees and asylum-seekers. Monitor and seek to address racist crime. Seek to improve rights,in conjunction with social partners, of migrant workers. Run a community development unit to provide assistance for community groups working with refugees and asylum seekers. Encourage integrated action towards acknowledging, understanding and celebrating cultural diversity.

Contact: NCCRI 26 Harcourt Street ,Dublin 2 Phone:01 478 5777/Fax:01 478 5778 Email:nccri@eircom.net/Website:www.nccri.com

EQ UA L I T Y L EG IS L AT I O N A N D R E L AT E D I N ST I T U T I O N S

4.8

National Action Plan against Racism One of the commitments given by all participating states,Ireland included,in the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban (2001),was the development of a National Action Plan against Racism. The implementation of this plan will be monitored by the UN. The process to develop this plan in Ireland is as follows: Consultative Process Finalisation of the Plan Submission of the Plan to the Government Publication and laying before the Oireachtas Setting up of implementation and monitoring structures Annual review/Evaluation of implementation

March-July 2002 October 2002 November 2002 January 2003 February-March 2003 Ongoing

Contact: KNOW RACISM Room 502 43-49 Mespil Road, Dublin 4. Phone:01 663 2696/01 663 2695 Fax:01 667 0366 Email:info@antiracism.gov.ie Website:www.knowracism.ie

4.9

Employment Rights Information Unit The Employment Rights Information Unit is a section within the Department of Enterprise, Trade and Employment with responsibility for promoting fairness in the area of employment and in the workplace. It is responsible for overseeing and implementing employment legislation;mostly that legislation that is concerned with employment rights. The Employment Rights Section is responsible for the administration, enforcement and review of employment rights enshrined in Irish law. Employees can exercise their rights regarding their employment entitlements under legislation by making a telephone call to the Employment Rights Section and/or completing a complaint form (available from Employment Rights Section). All complaint cases are registered in the Section. Complaints and follow-up are conducted via the relevant officer. The Employment Rights Section operates an information service. It will answer queries from people about their employment rights and it will inform people about the obligations which employers have towards their staffin Irish law. The Information Unit itself will provide such information over the telephone, or via post.

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E FO R M E M B E R S O F T H E N E W CO M M U N I T IE S

This section can be contacted at: Employment Rights Information Unit Room G05,Davitt House, 65a Adelaide Road, Dublin 2 Opening hours:9:30 –5:00 Phone:01 631 3131 Email: erinfo@entemp.ie

4.10

Garda Racial and Intercultural Office This section of the Garda was set up to aid policing in an intercultural society. Activities include: – The establishment of the Racial and Intercultural Unit. – The Garda Human Rights Initiative. – Developing links between the police and minority ethnic groups through Community Relations staff at individual Garda Stations. – Anti-Racism training as a component of Garda College, Templemore. – Participation of the Gardai in awareness raising initiatives. – Development of definition of ‘racial incident’and future development of system for monitoring data on such crimes. Contact: Garda Racial and Intercultural Office, Community Relations, Harcourt Sq., Dublin 2. Phone:01 666 3150, Fax:01 666 3801 E-mail:agecard@iol.ie

4.11

National Anti-Racism Awareness Programme (KNOW RACISM) KNOW RACISM is a major National Anti-Racism Awareness Programme that aims to increase awareness of racism and help contribute to create the conditions to build an inclusive and intercultural society in Ireland. The framework for the 3 year, €5.7 million programme was drawn up by the NCCRI following consultation with key statutory organisations.A special Steering Group has been established to implement the Programme with the Equality Division of the Department of Justice, Equality and Law Reform.

EQ UA L I T Y L EG IS L AT I O N A N D R E L AT E D I N ST I T U T I O N S

Contact: KNOW RACISM Room 502 43-49 Mespil Road, Dublin 4. Phone:01 663 2696/01 663 2695 Fax:01 667 0366 Email:info@antiracism.gov.ie Website:www.knowracism.ie

4.12

National Committee for Development Education (NCDE) NCDE aims to promote development education across all sectors in Ireland. Contact: NCDE Bishopâ&#x20AC;&#x2122;s Square, Redmonds Hill, Dublin 2. Phone:01 478 9456 E-mail:infoe@ncde.ie Website:www.ncde.ie

S T EP BY S T EP â&#x20AC;&#x201C; A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

5.1

G OV E R N M E N T A R E A S OF RESPONSIBILITY Reception and Integration of asylum seekers and refugees

Reception & Integration Agency

Refugee Applications Centre

2nd Floor 94 St Stephens Green, Dublin 2 Tel:01 418 3200

79/83 Lower Mount Street Dublin 2 Tel:01 602 8000

Asylum Enquiries

Tel:01 602 8202

Visa Enquiries

Tel:01 678 9466

Immigration Officers:

Ringaskiddy: Tel:021 437 8779 Rosslare Pier: Tel:053 33 149

Department of Justice, Equality & Law Reform 72/76 St.Stephens Green Dublin 2 Tel:01 676 3209

5.2

Employment

Department of Enterprise, Trade and Employment Tel:01 631 2121

The Equality Authority Clonmel Street, Dublin 2 Tel:01 417 3333/Email:info@equality.ie

Employment Rights Information Employment Rights Information Unit Room G05,Davitt House,65A Adelaide Road, Dublin 2. Tel:01 631 3131 Email: erinfo@entemp.ie Employment Appeals Tribunal Tel:01 631 3347

5.3 Department of Health Hawkins House, Dublin 2. Tel:01 635 4000

Health Regional Health Boards See Directory

Eastern Region Health Board Refugee Unit, 79/83 Lower Mount St, Dublin 2 Tel:01 602 8000

G O V E R N M EN T A R E A S O F R E S P O NS I B I L I T Y

5.4

Education

Department of Education and Science Marlborough St Dublin 1 Tel:01 873 4700

FÁS Training Authority

Adult Education Block 4,Irish Life Building Talbot St, Dublin 1 VTOS: Tel:01 889 2009 Adult Education: Tel:01 889 2129

FÁS Training Centres: (See Section 3.1.2)

5.5 Department of Social and Family Affairs (Information Service) Store St,Dublin 1. Tel:01 874 8444

FÁS Office (Church St) Kilcock, Balbriggan Tel:01 628 7715

Integrate Ireland Language and Training Unit 4a,Trinity Enterprise Centre Grand Canal Quay, Dublin 2 Tel:01 677 5337.

Social Welfare Local Branch See Directory

5.6

Housing/Accommodation

Reception and Integration Agency 2nd Floor, 94 St Stephen’s Green Dublin 2 Tel:01 418 3229

Department of Environment and Local Government Custom House Dublin 1 Tel:01 888 2000

5.7

Legal Services

Regional Health Authorities

See Directory

Refugee Legal Service 48-49 North Brunswick Street, Georges Lane,Smithfield, Dublin 7. Tel:01 646 9600/Freefone:1800 229 222

5.8 Department of Justice,Equality and Law Reform 72/76 St Stephen’s Green Dublin 2 Tel:01 676 3209

Family Reunification Department of Foreign Affairs Consular Section; Hainault House 69/71 St Stephen’s Green, Dublin 1 Tel:01 478 0822

5.9

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N EW C O M M U N I T IE S

International Bodies International Organisation for Migration (IOM) Founded:1951 Dublin Office:October 2001 9 Marlborough Court, Marlborough Street, Dublin 1. Tel:01 878 7900 Fax:01 878 7901 Email: varp@iomdublin.org Web:www.iomdublin.org Contacts: Jacqueline Monahan (Project Officer) and Siobhan O’Hegarty (Project Officer) Office hours:9.30am-1.00pm and 2.00pm-5.30pm Monday – Friday The IOM is an intergovernmental organisation committed to the principle that humane and orderly migration benefits migrants and society. In concert with its partners in the international community the IOM helps to: – Meet the growing operational challenges of migration management – Advance understanding of migration issues – Encourage social and economic development through migration – Uphold the human dignity and well-being of immigrants The IOM has six service areas of operation: – Assisted return – Counter Trafficking – Migration Health – Movements – Mass Information – Technical Co-operation on Migration It is currently implementing a Voluntary Assisted Return Programme (VARP) within Ireland to benefit asylum seekers or illegal immigrants. The Dublin Office is also implementing other migration-related projects,e.g. Return of Qualified Afghans Programme (RQA).

G O V E R N M EN T A R E A S O F R E S P O NS I B I L I T Y

United Nations High Commissioner for Refugees (UNHCR) Founded: December 1950 UNHCR Liaison Office for Ireland 27 Fitzwilliam Street Upper Dublin 2 Tel:01 632 8675 and 632 8679 Fax:01 632 8676 Email:iredu@unhcr.ch Web:www.unhcr.ch Contact:Pia Prutz Phili (Head of Liaison Office),Mr Stephen O’Brien (Public Information) Office Hours:9.00am – 5.30pm Monday – Thursday and 9.00am – 3.00pm Friday The UNHCR is mandated by the United Nations to lead and co-ordinate international action for world-wide protection of refugees and resolution of refugee problems. UNHCR’s primary purpose is to safeguard the rights and well-being of refugees. UNHCR strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another state,and to return home voluntarily. UNHCR’s efforts are mandated by the organisation’s Statute,and guided by the 1951 United Nations Relating to the Status of Refugees and its 1967 Protocol. UNHCR offers protection and assistance to refugees and others in an impartial manner, on the basis of their need and irrespective of their race, religion, political opinion or gender. In all of its activities,UNHCR pays particular attention to the needs of children and seeks to promote equal rights of women and girls.In its efforts to protect refugees and to promote solutions to their problems,UNHCR works in partnership with governments, regional organisations,international and non-governmental organisations.UNHCR is committed to the principle of participation by consulting refugees on decisions that affect their lives.

6.1

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I R I S H C U LT U R E , N O R M S A N D F E A ST DAY S Irish Culture 1. It is characteristic of the Irish to talk easily with strangers and maybe ask about how they are,where they are from and how long they have been in Ireland. Usually this is not meant to be intrusive in any way, but as friendly and welcoming. However it should not be presumed that because you have entered into a personal conversation that a firm friendship has been formed. This can just be seen as a casual conversation. It may take a lot more time to actually form friendships with some, but not all,Irish people. 2. It should also be noted that the phrase ‘How are you’ used at different times could mean different things.For example,if you are in conversation with an Irish person and they ask how you are,then the likelihood is they expect an answer, but unless they are aware of something that is bothering you,they will not be expecting an in-depth exchange on your mood or how you are. Equally, when greeting people in passing on the street,it is common place for Irish people to say ‘How are you’’or‘are you all right’ and continue to walk by, this is not meant to be rude,they are not expecting you to stop and answer, it really means ‘Hello’ or ‘Hi’and the usual response from another Irish person would be ‘Hello’,‘Hi’ or ‘Fine thank you.’ Obviously if you are living and socialising in the Irish community and in contact with people all day, you couldn’t take the time to stop and listen to an in-depth response from everyone you greet on the street.Another greeting is ‘Good Morning’ or ‘Good Evening.’ 3.

Making personal remarks about someone’s appearance can be considered offensive.

4. There is a strong tradition in Ireland of volunteering (i.e.people who give a few hours of their free time every week to help others). These people are not paid for their services and organisations such as Citizens Information Services,the Red Cross,St. Vincent De Paul,Youth Information Offices and Support Groups all give of their time freely and often organise events at own expense. These people are giving their own personal free time to help the community and make life a little better for people. 5. The Irish are curious about other countries and cultures,many are widely travelled and most have relatives working abroad.

6.2

Norms 1. It is also common in Irish Society that when you are introduced to someone they might look you in the eye,shake your hand and say‘pleased to meet you.’ This is considered to be mannerly and respectful,and this would be a common greeting for both men and women. 2. If you are requesting a service or buying something in a shop, restaurant, etc.,it is considered polite to say ‘please’when asking for something and ‘thank you’ when you have received. The same is true when someone has tried to help you.

I R I S H C U LT U R E , N O R M S A N D F E A ST DAY S

3. When there is a queue for a bus,in a shop, public office,cinema, restaurant, toilet or any other public service it is the practice to join the end of the queue. Skipping a queue is seen to be bad manners and disrespectful to others and can cause arguments. 4. When speaking to Irish people in the daily course of events, you should speak in quite a low tone,as speaking very loudly to an Irish person can be seen as aggressive and argumentative. 5. Being respectful of other people in your living environment leads to a happy and more pleasant environment. Constant loud noise early in the morning or late at night is considered to be disturbing the peace and can therefore cause residents to feel disrespected and resentful. This will eventually lead to problems and bad feelings and may even result in a reprimand from the local GardaĂ (Police). 6. If you are given an appointment with a professional person, for example a local doctor, dentist, Hospital or Government Official,it is important to turn up at the time you are given,as that person will more likely have a schedule for their day and will have other appointments after you.If you do not turn up on the date and time allocated to you, you will miss your appointment and may have to wait some time for another appointment. If you are going to be late or if you cannot attend for any reason,it is considered polite and mannerly to phone and inform the person in question of the fact. If you are meeting an Irish person socially at a particular time,the same rule applies;it can be considered bad manners not to let someone know that you will be late meeting them and worse again to just not turn up. NOTE: Always bring your appointment card and / or letter of appointment with you. 7. When speaking to Irish people, whether it be someone in a professional or social capacity, it is important to keep regular eye contact. To avoid eye contact is seen as being disrespectful and can sometimes be interpreted as having something to hide or that you have done something wrong. 8. Distance between individuals. This can vary. It is important to read the signals that people give very carefully. It is extremely important not to infringe on anyoneâ&#x20AC;&#x2122;s personal space and not to touch anyone inappropriately. Some people can be tactile and may find a hug or a touch inoffensive, where other people would find the same thing very offensive so it is best to avoid this kind of contact until you know someone very well. 9. You should be aware that girls / boys under 16 years of age are still considered to be children in this country and are not consenting adults,therefore you should extend extreme caution when forming a relationship/friendship with anyone under that age if you are older than them. 10. It is not the practice to severely slap or beat children in this country, therefore punishment of that nature is not acceptable under any circumstances and if you are seen to mistreat your children it can have grave consequences and may result in prosecution. 11. It is against the law to hit/beat a man or woman in this country. 12. Women and men receive equal treatment under law.

ST E P B Y ST E P – A N I N F O RM AT I O N R E SO U R C E F O R M E M B E R S O F T H E N E W CO M M U N I T IE S

13. Children between four years and sixteen years must attend school.Education is seen to be very important in this country and preventing your children from attending school is against the law. It should also be noted that some schools might be of mixed gender, which means there are both boys and girls in the same class. 14. You should be aware that in Ireland anyone under 18 years of age are not permitted to drink alcohol and it is against the law for anyone under 18 to be served alcohol in a pub or offlicence. 15. Prices marked on items in supermarkets,shops of any kind or for services such as taxis, bus,cinema, restaurants etc.are not negotiable and bargaining is not common practice. Some large shops or supermarkets because of their large turnover, on occasion are able to sell goods at lower prices, but this will be marked clearly on the items and a sign may sometimes be displayed saying ‘Sale,’ which means that some items are reduced. 16. Public services such as libraries and Citizens Information Centres are accessible to everyone. In the libraries for example you may be allotted a certain amount of time on the Internet. Always remember that others may be waiting to access that service. The same applies with Citizen Information Centres and other services. When you are advised that your time is up, you will be expected to immediately finish whatever you are doing and allow someone else a chance. 17. As in any other society, there are of course dangers to be aware of.You should never leave your children unsupervised. It is against the law to leave children younger than 16 years of age at home alone and if you are reported it will be considered to be neglect and can have grave consequences.You should not accept lifts from people you don’t know; this can be very dangerous. If you encounter a violent situation the best thing to do is to avoid contact with the people involved or leave the place in question for your own safety. Carrying or use of weapons of any nature,even in self-Defence,is against the law. Therefore you should not carry anything of that sort on your person. Also if you see an act of violence, or theft,do not intervene or act aggressively, as if you cause harm to someone you can be prosecuted. Call the GardaÌ immediately. 18. It is not permitted to throw litter e.g. drinks cans,sweet wrappers,cigarettes etc. on the streets or the roads. All unwanted items should be disposed of in a bin. Failure to adhere to this Law may incur a spot fine or larger penalty. 19. It is against the law to smoke on public transport e.g. Buses,Darts, Trains and in Taxis. It is also prohibited to smoke in many other places such as Cinemas, Hospitals and some restaurants are split into smoking and non-smoking areas. If in doubt,please ask first before lighting a cigarette as it may cause an offence. 20. It is the norm to queue for Taxis at stipulated taxi ranks. Taxis may be flagged down on the road but if the Taxi’s light is off,it is full and will not stop. Taxi fares are based on the price on the meter and are non-negotiable. 21. The normal opening and closing time for shopping in Ireland is between 9am and 6pm except Thursday evenings when shops generally open until 8pm. Weekend opening and closing hours may differ. During holiday periods such as Christmas,Easter etc.the shops may be closed or their openings and closing hours may vary. Please check in your area for the local opening and closing times for shops,Banks, Post Offices,Library services etc.

I R I S H C U LT U R E , N O R M S A N D F E A ST DAY S

22. Traffic in Ireland keeps to the left side of the road. Care should be taken at all times when crossing the roads and a pedestrian crossing should be used when available. 23. You must abide by the laws of the land at all times. Failure to do so will result in prosecution. 24. In Ireland it is discrimination to treat a person in a less favourable way than another on grounds of gender, martial status,sexual orientation, religion,age, race and disability. Irish people are automatically entitled to certain services, such as health care etc.and the people providing these services are paid by the State.

6.3

Feast days 1. St. Brigid’s Day– 1st February Originally the Celtic Spring festival of Imbolg, this Christian festival took much the same role – to mark the coming of spring and its fertility. Special St.Brigid crosses made from reeds and rushes are still made in some parts of the country to commemorate the day. 2. Shrove (or Pancake) Tuesday – date varies each year, but it’s usually in February. This festival falls the day before Ash Wednesday each year; (the beginning of Lent,the Christian period of fasting and prayer.) Originally Lent meant abstaining from eggs and all dairy products,so all of these had to be used up before Ash Wednesday. This was done by mixing them all together in a batter and frying them as pancakes. Although nowadays many people don’t observe the fasting of Lent as strictly as before,pancakes are still prepared in the traditional way every Shrove Tuesday. 3. St.Valentine’s Day – 14th February This day is for lovers everywhere and offers couples and even secret admirers the opportunity to declare their romantic feelings to each other through the exchange of ‘Valentine Cards.’ 4. Mother’s Day (March/April) & Father’s Day (June) These days always fall on a Sunday, and afford children the chance to show their gratitude to their parents by sending them cards and gifts. 5. St. Patrick’s Day – 17th March (Bank Holiday or following Monday) This day marks the feast-day patron saint of Ireland who is credited with bringing Christianity to Ireland in the 5th century. However it has evolved to celebrate all things Irish, both Christian and non-Christian. Many people wear a bunch of fresh shamrocks to commemorate the day, as this three-leafed clover was used to explain the mystery of the Trinity to the Celtic Irish by St. Patrick. On St.Patrick’s Day the city centre of Dublin is blocked off for the morning and parades take place, where marching bands,and artists from around the World take part in parading through the city centre,including of course local Irish bands and different groups. Thousands of people gather in the City Centre to watch the parade each year and often tourists visit at this time of year especially to see the parade and enjoy the celebrations.

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6. Easter – (date varies each year, but it’s usually in April) This is the most important of Christian festivals, which marks the resurrection of Jesus after his crucifixion.Easter Sunday is preceded by Holy Week (including Holy Thursday and Good Friday) and followed by Easter Monday (Bank Holiday), which is also the anniversary of the 1916 rising which eventually led to Irish independence. At this time of year gifts of chocolate in the shape of an egg, both large and small,are exchanged. 6. May Day – 1st May (first Monday of May is a Bank holiday) Ireland officially began to recognise this international workers holiday a few years ago, and there is usually some sort of public celebrations in all major cities,some echoing the ancient Celtic festival of Beltane, which also fell on May 1st and marked the coming of the summer. 7.Oiche Samhain (Halloween) – 31st October (last Monday in October is a Bank Holiday) This festival is Celtic in origin,and both marks the end of the summer and the spirits of the dead,especially those that had died that year. Bonfires were lit to entice friendly spirits while warding offmore disgruntled ones.Like other Celtic festivals it was subsumed into the Christian Calendar as All Saints Day, November 1st.Nowadays Halloween is a more broadly western festival and contains traditions from both Celtic and non-Celtic sources. Halloween is a time when children dress up in fancy dress for fun,maybe as a fairy, a princess,a witch,a monster, a ghost and various other things. The children are brought around by either an older sister or a parent to knock on neighbours’ doors. The children bring a little bag with them and hold it out while saying ‘Help the Halloween Party’ or ‘Trick or Treat’ and they get treats put in the bag, such as sweets, fruits,crisps and popcorn etc.Games are played in people’s houses and sometimes there are parties for the adults.Fireworks are set offand large fires are lit in fields. It can be a dangerous time of year, as sometimes people don’t take care lighting fireworks and fires. Fireworks,used without licence,are illegal in this State. 8. Christmas Day – 25th December (Bank Holiday) This is celebrated in many countries throughout the World but sometimes on a different date. It is a Christian Festival which marks the birth of Jesus. Christmas is a particularly special time for children in this country. The story goes that a big cheerful man called ‘Santa Claus’ who wears a red suit and has white hair and a white beard brings toys the night before Christmas to all the children. Children are encouraged to write a letter to ‘Santa Claus’ before Christmas telling him what toys they would like. Most houses put up a Christmas Tree, which the family decorates colourfully and put up other decorations around the house.Gifts are usually left under or near the Christmas tree or at the end of the bed for the children to find on Christmas morning. Family and friends also exchange gifts on Christmas as a way of celebrating the day. A lot of people attend Church Services on Christmas Eve or Christmas day as part of the celebrations. 9. St.Stephen’s Day – 26th December (Bank Holiday) In some parts of Ireland,especially more rural areas,St.Stephen’s Day was traditionally celebrated by groups of small boys hunting a wren. They used to chase the poor bird until they either they caught it or it died from exhaustion.It was then tied to the top of a pole or holly bush,which is decorated with ribbons or coloured paper. Early in the morning on St.Stephen’s Day, the wren (nowadays a dummy) is carried from house to house by the boys, who wear straw masks or blacken their faces with burnt cork,and dress in old clothes. At each house,the boys sing the Wren Boys’song.

SO UR C E S

Sources Legislation Aliens Act 1935 Aliens Order 1946 Geneva Convention 1951 Irish Nationality and Citizen Act 1956. European Communities (Aliens) Regulations 1977 Refugee Act 1996 European Communities (Right of Residence for Non-economically Active Persons) Regulations 1997. Immigration Act 1999 (Deportation) Regulations 2002 Illegal Immigrant (Trafficking) Act 2000 Aliens (Visas) (No.2) Order, 2001

Articles and Publications Blackwell N.,Some practical matters relating to the right of non-Nationals to reside in Ireland,Law Society of Ireland,2002. Byrne, Rosemary,‘On the sliding scale of Justice: The status of asylum seekers and refugees in Ireland.’ in Developments in Discriminations Law in Ireland and Europe, Byrne R.and Duncan W. (ed.), Irish Centre for European Law, Trinity College Dublin,Dublin,1997. Farrell & Watt (ed.),Responding to Racism in Ireland, Veritas, Dublin 2001. Hall,Stuart: “The multi-cultural question” in Barnor Hesse (ed) Unsettled Multiculturalism, London, Zed Books,2000. Ingoldsby B.,Regular Migration to Ireland,Law Society of Ireland,2002. Ingoldsby B.,Leave to remain other than through the regular migration process,Law Society of Ireland,2002. Irish Commission for Justice and Peace, Asylum Seeker/Refugee Information Pack. Irish Refugee Council,Refugees and Asylum-Seekers, Information Resource Pack, Comhairle,2001. Irish Refugee Council,Irish Citizenship, October 2001. Kenny, Catherine: Asylum Seekers in Galway and the Right to Work Galway Refugee Support Group, 2002. NCCRI & UNHCR: Myths and Misinformation about Asylum Seekers,2002. Reception and Integration Agency: Information Leaflet for Applicants Seeking Asylum in Ireland,2002 Refugee Information Service, Factsheet # 1,2001.

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Websites www.comhairle.ie www.justice.ie www.gov.ie/iveagh/ www.euireland.ie www.irishrefugeecouncil.ie www.equality.ie www.nccri.com http://immigration.ucc.ie www.knowracism.ie www.unhcr.ch

Comhairle (National support agency for Citizen Advice Centres) Department of Justice, Equality and Law Reform Department of Foreign Affairs EU Information Irish Refugee Council Equality Authority National Consultative Committee on Racism and Interculturalism Irish Centre for Immigration Studies – University College Cork The National Anti-Racism Awareness Programme United Nations High Commission for Refugees

Glossary of Terms Community Development Project (CDP) Local resource centres that provide a focal point for community development activities in a local catchment area or to a specialised group. The projects provide a range of supports, developmental opportunities and services to groups and individuals. CWO Community Welfare Officer, employed by the Health Board to oversee supplementary benefits such as rent allowance and medical cards. Ethnic Group A group of interacting individuals who define themselves as members of an ethnic group and who are identified by larger society as belonging to such a group. They share common history, culture (values,beliefs and behaviours), religion, physical traits, communication style and/or language. GP General Practitioner or Doctor. Interculturalism ‘the development of an intercultural approach implies the development of policy that promotes interaction,understanding and integration among and between cultures and ethnic groups without glossing over issues such as racism.’ (NCCRI). Multiculturalism ‘The policies adopted by a society that incorporates diverse cultures of ethnic communities in all aspects.’ (Hall,Stuart: ‘The multi-cultural question’ in Barnor Hesse (ed) Unsettled Multiculturalism, London, Zed Books,2000.) New Communities The term New Communities is used to refer to the various immigrant communities which have become established in recent years. PLC Post Leaving Certificate Course. RSI Number Revenue and Social Insurance Number is an individual’s social security number issued by Department of Social & Family Affairs for the purpose of tax,social welfare and related services. UNHCR United Nations High Commissioner for Refugees. VEC Vocational Education College. VTOS Vocational Training Opportunities Scheme.This scheme offers participants who are over 21 and registered unemployed for more than six months the opportunity to partake in certain educational courses while still being able to receive their unemployment benefits.