Definitions

Accelerated International Protection Procedure

An expedited procedure to examine an application for international protection which is either already deemed manifestly unfounded, which involves serious national security or public order concerns, or which is a subsequent application.

Access to Application for International Protection

The obligation of EU Member States to ensure that a person who has made an application for international protecThe obligation of EU Member States to ensure that a person who has made an application for international protection application for international protection has an effective opportunity to lodge it as soon as possible. Art. 6(2) of Directive 2013/32/EU (Recast Asylum Procedures Directive)

Asylum Seeker

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is awaiting the determination of his/her status. They are legally entitled to stay in the state until their application for protection is decided. They also have a right to a fair hearing of that application and to an appeal if necessary. If granted refugee status, the person is no longer an asylum seeker.
The asylum process is a legal system which decides who qualifies as a refugee and who is then entitled to remain in a European country and under its protection. Others that do not qualify as refuges may be granted subsidiary protection. Those judged not to be refugees can be deported back to their home countries. In most EU Member States this term is understood as a synonym to applicant for international protection following the adoption of Directive 2011/95/EU (Recast Qualification Directive) and Directive 2013/32/EU (Recast Asylum Procedures Directive). However, other EU Member States, such as the UK and IE which have not adopted the single procedure, continue to use the term ‘asylum seeker’ for an applicant who requests protection under the Geneva Refugee Convention and Protocol only. In DE the term is still used to include, in addition to the provisions of Directive 2011/95/EU, those of the national legislation, Art. 16a Basic Law. 2. Outside EU legislation, the terms ‘asylum seeker’ or ‘asylum applicant’ are often used more frequently than ‘applicant for international protection’ in the everyday use of the term.

Budapest Process

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A consultative forum of more than 50 governments from the wider European region and ten international organisations, which aims to promote good governance in the field of migration, to develop comprehensive and sustainable systems for orderly migration and to exchange information and best practices on a wide range of migration issues (legal migration , irregular migration , asylum , visa, border management, trafficking in human beings and smuggling of migrants, readmission and return).

Charter of Fundamental Rights of the European Union

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A consultative forum of more than 50 governments from the wider European region and ten international The formal EU document which combines and declares all the values and fundamental rights of individuals (economic and social as well as civil and political) to which EU Member States are obliged.

Children of migrants: status

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A coThere is a considerable degree of misunderstanding around the immigration rules in relation to children and each EU country has its own regulations. In Ireland for instance, non-EU children living in Ireland must register with the Garda National Immigration Bureau (GNIB) when they turn 16 where they will be issued with an immigration stamp. However, there is a lack of appropriate, clear regulations on what the appropriate stamp should be. Some young people can be issued with stamps that are for second level students who come to Ireland for education (Stamp 2A). Others will be issued with Stamp 2 which is for 3rd level students coming to Ireland to study. Neither of these is appropriate for young people living in Ireland several years. Sometimes the child will be given a Stamp 3 which is issued to dependents. Some stamps (2A and 3) will mean the young person cannot work. Schools also can be confused about whether a child should be expected to have a registration card and can often request one when the child is under 16.

Common Basic Principles

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A In the context of EU integration policy, a set of 11 simple, non-binding but thoughtful guidelines intended to assist EU Member States in formulating their integration policies.

Common European Asylum System (CEAS)

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A IA framework of agreed rules which establish common procedures for international protection and a uniform status for those who are granted refugee status or subsidiary protection based on the full and inclusive application of the Geneva Refugee Convention and Protocol and which aims to ensure fair and humane treatment of applicants for international protection, to harmonise asylum systems in the EU and reduce the differences between Member States on the basis of binding legislation, as well as to strengthen practical cooperation between national asylum administrations and the external dimension of asylum.

Convention Refugee

An asylum seeker is a person seeking to be granted protection as a refugee outside their country of origin and is A Person recognised as a refugee by States under the criteria in Art. 1A of the Geneva Refugee Convention and Protocol, and entitled to the enjoyment of a variety of rights under that Convention.

Cultural Diversity

The diversity of forms of culture in a society composed of groups of people from many different cultural backgrounds.

Cultural Pluralism

A policy aimed at the ensuring of harmonious interaction among people and groups with plural, varied and dynamic cultural identities as well as their willingness to live together. (Art. 2 of UNESCO Universal Declaration on Cultural Diversity)

Displaced Person

In the EU context, a third-country national or stateless person who has had to leave their country or region of origin, or has been evacuated, particularly in response to an appeal by international organisations, and is unable to return in safe and durable conditions because of the situation prevailing in that country, who may fall within the scope of Art. 1A of the Geneva Refugee Convention and Protocol or other international or national instruments giving international protection, in particular:

  1. A person who has fled areas of armed conflict or endemic violence;
  2. A person at serious risk of, or who has been the victim of, systematic or generalised violations of their human rights.

Art. 2(c) of Council Directive 2001/55/EC (Temporary Protection Directive)

Dublin Convention

Convention determining the EU Member State responsible for examining an application for asylum lodged in one of the EU Member States. EU Relocation Programme This is a scheme whereby EU members states, including Ireland, were asked to demonstrate solidarity with Greece and Italy by agreeing to relocate a number of people from camps in Greece and Italy to have their applications for asylum processed in their country.

EU Resettlement Programme

This is a scheme whereby EU members states were asked to commit to offer resettlement to their country for programme refugees from places like the Lebanon and Jordan. The people brought to Ireland under this scheme are already recognised as refugees and have been processed by UNHCR before their arrival. Ireland has a long history of accepting resettled refugees under Resettlement Programmes.

European Union (EU)

The European Union (EU) is an economic and political union of 27 countries. It operates an internal (or single) market which allows free movement of goods, capital, services and people between member states. Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Family Reunification

The establishment of a family relationship which is either: 
a) the entry into and residence in an EU Member State, in accordance with Council Directive 2003/86/EC (Family Reunification Directive), by family members of a third-country national residing lawfully in that EU Member State (‘sponsor’) in order to preserve the family unit, whether the family relationship arose before or after the entry of the sponsor; or 
b) between an union citizen and third-country national established outside the European Union who then subsequently enters the European Union (Part (a): Art. 2 (d) of Council Directive 2003/86/EC (Family Reunification Directive

Female Genital Mutilation

All procedures which involve the partial or total removal of the external genitalia or other injury to the female genital organs whether for cultural or any other non-medical reasons. 

Gender-based Persecution 

The causal relationship between gender and persecution i.e. when the reason for persecution is related to a person’s gender. 

Humanitarian Protection Header text

A form of non-EU harmonised protection nowadays normally replaced by subsidiary protection, except in some EU Member States. 

Long-term residency

The causal relationship between gender and persecution  i.e. when the reason for persecution is related to a person’s gender. 

Humanitarian Protection 

EU countries have different rules in relation to long-term residency. In Ireland for instance an individual who has been legally resident in Ireland for over five years (60 months) on the basis of an employment permit can apply to the Department of Justice and Equality for a five-year residency permit. In calculating their 5 years/60 months in the country, only time spent on an employment permit is counted. Time spent as a student or undocumented is not. Once granted a long-term residency permit, the individual no longer needs a work permit. This is called a Stamp 4.  

Non-EEA citizens may be permitted to remain in Ireland. (EEA is any country outside EU, Norway, Switzerland or Iceland) based on a number of grounds including:  

  • for employment 
  • to study 
  • to operate a business, or 
  • as a dependant family member of an Irish or EEA (European Economic Area) citizen residing in the State. 

Permission is given on behalf of the Minister for Justice and Equality in the form of a stamp on the person’s identification card issued from GNIB (Garda National Immigration Bureau). Permission needs to be renewed on a regular basis.  

Multiculturalism 

A policy that endorses the principle of cultural diversity and supports the right of different cultural and ethnic groups to retain distinctive cultural identities ensuring their equitable access to society, encompassing constitutional principles and commonly shared values prevailing in the society (source: EU https://bit.ly/2xxzqcz). 

Permission to remain

Each EU country has its own rules relating to ‘Permission to Remain’.  In Ireland, for instance, a person may be granted ‘permission to remain’  for humanitarian or other compelling reasons. This is at the discretion of the Minister for Justice.  People with permission to remain can live and work in the country, but cannot apply for family reunification.  The conditions attached to ‘permission to remain’ can vary considerably. 

Refugee

A refugee is anyone who cannot return to their country for fear of persecution for one of the following five reasons: 

Race – including ethnicity 

Religion – in some countries having no religion is viewed as badly as being of the ‘wrong’ religion 

Nationality 

Membership of a particular social group – this can include things like membership of a trade union, your gender (i.e. male or female), your sexual orientation 

Political opinion – this does not simply mean that you have to be a member of a political party, but if you have any political opinions, or even if people think you do. 

Refugees are entitled to be protected against forcible return to their countries of origin. 

A refugee is someone who has had to leave their country of origin because of “a well-founded fear of persecution because of reasons including their race, religion, nationality, membership of a particular social group or political opinion. Ireland is a signatory to the “1951 United Nations Convention Relating to the Status of Refugees”, which obliges us to provide protection to people fleeing their country for the reasons above. Refugees are entitled to apply for ‘family reunification’ to bring their immediate family members (within certain criteria) to Ireland. 

The terms asylum-seeker and refugee are often confused: an asylum-seeker is someone who claims he or she is a refugee, but whose claim has not yet been evaluated by the authorities in the country in which they apply.  

Programme refugees  have their claims evaluated in refugee camps abroad and are brought into countries under specific resettlement programmes. Europe has taken several groups of programme refugees into the country over the last number of years including Sudanese, Rohingya, Somalians, and more recently Syrians. 

Subsidiary Protection

does face a real risk of suffering serious harm if returned to his or her country of origin, they are eligible for subsidiary protection.  In European law, Directive 2004/83/EC defines the minimum standards for qualifying for subsidiary protection status.  

Torture

Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from them or a third person information or a confession, punishing them for an act they or a third person has committed or is suspected of having committed, or intimidating or coercing them or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 

In the context of the case law of the European Court of Human Rights, deliberate inhuman treatment causing very serious and cruel suffering. 

Source(s) 

Global context : Art. 1 of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 

Context of the ECHR: ECHR: Case of Ireland vs United Kingdom, Judgment of 18 January 1978, A 25, para. 167. 

Vulnerable Migrant (Learning to Live Definition)Header text

A vulnerable migrant is a person who has mental or physical health needs due to difficult experiences either in their home country before migration, during the migration process or after migration (Public Health England, 2017). This includes people, who are asylum seekers, refugees, have been forced to marry or trafficked, migrant workers and homeless migrant people. 

In this context a vulnerable migrant is a person who has mental or physical health needs due to difficult experiences either in their home country before migration, during the migration process or after migration (Public Health England, 2017). This includes people, who are asylum seekers, refugees, have been forced to marry or trafficked, migrant workers and homeless migrant people. 

Smuggling

Trafficking is not to be confused with people smuggling. Smuggling refers to situations where a person or persons pay someone to be transported to a different country of their own free will. In many cases the person acquiring the services of a smuggler is in a very difficult situation and this may be the only available option to them to access a place of safety or country in which they wish to apply for asylum. In most cases smugglers operate as a business and charge people large sums of money for journeys with no guarantees for their safety or of reaching their intended destination. 

Trafficking

Trafficking refers to situations where people are moved from place to place or country to country against their will or under duress, by means such as deception, coercion or force, usually for the gains of others, in that the person(s) trafficked will be exploited for financial gain. 

Migrant Worker

A migrant worker is a person who is working in a state of which s/he is not a national. A migrant worker can be documented or undocumented. 

Vulnerable Person (EU Definition)

Minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of trafficking in human beings, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation Art. 21 of Directive 2013/33/EU (Recast Reception Conditions Directive) 

Work Permit

A Work Permit gives permission for a migrant worker to be employed in a specific job. Each EU country has its own rules relating to who can work and for how long they can work for in that country. 

Why ‘illegal’ is wrong? 

Migrants who do not have a valid work permit or visa in Ireland are sometimes described as ‘illegal’. There are several reasons why someone could find themselves in such a situation, for example people who have been trafficked or a worker whose employer did not renew their work permit or a student who has completed their studies and stayed on. The accurate term to describe someone with irregular migration status is ‘undocumented’. For instance, there are estimates that approximately 25,000 – 30,000 undocumented Irish workers reside in the USA. There is currently no route in Ireland to regularise one’s migration status once someone becomes undocumented. Undocumented people in Ireland receive no social welfare so they are working, often in precarious employment situations or being taken advantage of.  

Asylum seekers cannot be illegal as everyone has a recognised human right to seek asylum. Asylum seekers have a right to be in Ireland while their case is being decided. 

Xenophobia

Attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identity (UNESCO Glossary of migration-related terms).