An asylum seeker is a person who seeks to be recognised as a refugee under the terms of the 1951 Convention relating to the Status of Refugees as defined in the Irish Refugee Act, 1996.

The legal definition of a refugee as used in the Refugee Act, 1996, is 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 his or her nationality and is unable, or owing to such fear, is unwilling to avail himself or herself of the protection of that country,

or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it,

("Membership of a particular social group" includes membership of a trade union and also includes membership of a group of persons whose defining characteristic is their belonging to the female or male sex or having a particular sexual orientation.)

but does not include a person who is
(1) receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,
(2) is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,
(3) has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,
(4) has committed a serious non-political crime outside the State prior to his or her arrival in the State or, has been guilty of acts contrary to the purposes and principles of the United Nations."

Leave to remain
A person who does not fully meet the requirements of the definition of a refugee under the terms of the Geneva Convention relating to the status of refugees as defined in the Refugee Act, 1996, may be granted leave to remain in the state. A person may also withdraw from the asylum process and seek leave to remain in the state. Leave to remain is granted at the discretion of the Minister for Justice, Equality and Law Reform. usually on humanitarian grounds.

There are two groups of people within the asylum stream who may be given leave to remain in the state:

• those who withdraw from the asylum process and
• those who were refused a declaration as a refugee by the Refugee ApplicationsCommissioner and who failed to have this decision overturned by the Refugee Appeals Tribunal.

People who normally withdraw from the asylum process and seek leave to remain are:

• persons who marry an Irish or EU citizen.
• parents of an Irish-born child.

It is not necessary to withdraw from the asylum process in any of the above cases.

Note: Having an Irish-born child does not guarantee that you will be given leave to remain in Ireland. Each case may be judged on its merits.