Foreign nationals and asylum seekers

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 I am a foreign national - do I have to register with the immigration authorities?

If you are not a national of the European Economic Area (EEA), you must register with your local immigration office if you plan to stay in Ireland for more than three months. The Garda National Immigration Bureau (GNIB) keeps a register of foreign nationals who have permission to stay in Ireland. GNIB is the Garda section that deals with immigration issues. 

 The European Economic Area (EEA) consists of all the countries in the European Union (EU) as well as Iceland, Liechtenstein and Norway. 

 What information must I give to get my registration certificate?

You must give your:

  • name
  • nationality
  • date of birth
  • sex
  • signature
  • photograph

 When you receive your certificate, it will also contain:

  • the GNIB number
  • department number
  • stamp number
  • issue date
  • expiry date
  • registration office

 If you are on the register and have a registration certificate, it may be an offence if you do not produce the certificate when asked to do so by an immigration officer or a Garda. 

Do I have to give my fingerprints?

Yes, under immigration law, you must give your fingerprints to officials at the Office of the Refugee Applications Commissioner (ORAC) or the Garda National Immigration Board (GNIB) if you are not an EEA national.

Where are my fingerprints kept?

Your fingerprints are stored on the Automated Fingerprint Identification System (AFIS). This system shares your fingerprints with the European Automated Fingerprinting Identification System (EURODAC).  EURODAC contains fingerprints from all asylum seekers in the European Union (EU) together with fingerprints from people who have been stopped for crossing EU borders unlawfully.  Fingerprints are collected from anyone over the age of 14 years.

How long are my fingerprints kept?

If someone is caught attempting to cross an EU border without papers, their fingerprints are kept on AFIS for two years. Fingerprints from asylum seekers are held for 10 years or until the applicant becomes a citizen of an EU member state

I am an asylum seeker and I live at an accommodation centre. Do I have the right to privacy?

Yes, you have a right to your privacy. This includes privacy with your wife or husband and your family. 

Most accommodation centres are managed by private providers, but the Reception and Integration Agency (RIA) oversees this. It has published rules and a code of practice for the running of accommodation centres. You can contact the RIA for a copy of these documents (see contact details at the end of this pack). 

See the ICCL pack Know Your Rights: Criminal Justice & Garda Powers for more information on Garda powers of search.

Can officials or staff from my accommodation centre search my personal belongings?

No, you have the right to privacy in relation to your belongings.  Only a Garda can carry out a search of your personal belongings and he or she will generally need a search warrant to do this. (However, search warrants are not always needed.)

 Where can I go to complain about an invasion of my privacy?

It is a good idea to try and sort out the problem with the accommodation centre manager first. If that fails, you can complain to the RIA, which has developed a complaints system. You should ask the accommodation centre manager for information about this system. 

 What should I do if I think that the Office of the Refugee Applications Commissioner (ORAC) or another government agency has wrong information about me?

You must give accurate personal information to the authorities when you apply for asylum. The authorities must keep this information in line with data protection laws.  You have the right to ask for a copy of the information that the authorities have about you. You must ask in writing and, generally, you will receive a copy of the information within 40 days. You can then correct any mistakes. If you have a problem getting access to the information that the authorities hold about you, you should contact the Office of the Data Protection Commissioner (see contact details at the end of this pack). 

 Remember, you have a right under data protection law to see the personal information that is held about you.  This will not affect your claim for asylum, which is a separate legal procedure.

 


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