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OFFENCES CONTRARY TO THE REFUGEE ACT 1996.

There are offences that are contrary to the Refugee Act, 1996, as amended, and circumstances under which asylum seekers can be detained by the Garda Siochana (Irish police).

An applicant for a declaration as a refugee who:

  • leaves or attempts to leave the state without the permission of the Minister for Justice;
  • fails to inform the Refugee Applications Commissioner of his or her address or any change of address;
  • fails to comply with a requirement to reside or remain in particular districts or places in the state or to report at specified intervals to an immigration officer or member of the Garda Siochana
  • is guilty of an offence under the Refugee Act, 1996, as amended, and may be liable to a fine and/or imprisonment on summary conviction.
    Any person who:
  • forges or fraudulently alters a Temporary Residence Certificate;
  • assists in forging or fraudulently altering or procures the forging or fraudulent alteration of a Temporary Residence Certificate;
  • gives or makes false or misleading information or statements for the purposes of, or in relation, to an application for a declaration as a refugee;
  • destroys or conceals identity documents with intent to deceive for the purposes of ,or in relation to, an application for a declaration as a refugee;
    is guilty of an offence and may be liable to a fine and/or imprisonment on summary conviction.
    Any person who:
  • forges or fraudulently alters, or assists in forging or fraudulently altering or procures to be forged or fraudulently altered any identity documents for reward, with intent to use such documents for the purposes of, or in relation to, an application for a declaration as a refugee;
  • sells or supplies, or is in possession for the purposes of sale or supply, forged identity documents with intent to use such documents for the purposes of, or in relation to, an application for a declaration as a refugee;
  • is guilty of an offence and may be liable to a fine and/or imprisonment on summary conviction or on conviction on indictment.

A member of the Garda Siochana may arrest without a warrant a person who may be reasonably suspected of committing, or of having committed, an offence.

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Circumstances in which an applicant for refugee status can be detained:
Subject to the provisions of the Refugee Act, 1996, as amended, you could be detained by an immigration officer or member of the Garda Siochana if, with reasonable cause, it is suspected that you:

  • pose a threat to national security or public policy;
  • have committed a serious non-political crime outside the state;
  • have not made reasonable efforts to establish your identity, including non-compliance with the requirement to provide fingerprints;
  • intend to avoid removal from the state, in the event of your application being transferred to a Dublin Convention country;
  • intend to avoid removal from the state, in the event of your application being unsuccessful;
  • intend to leave the state and enter another without lawful authority;
  • without reasonable cause, have destroyed identity or travel documents or are in possession of forged identity documents.

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