Family Reunification

The ORAC is responsible for the investigation of applications from persons granted refugee status ( and to whom a declaration is in force), who subsequently seek permission for a family member to enter and reside in the State. Applications for family reunification must be made to the Minister for Justice, Equality and Law Reform and are subsequently referred to the ORAC.

A questionnaire, requesting the provision of information in respect of the family members concerned, is issued to applicants for completion. Consideration is given to the facts provided by the applicant, and a report is compiled and forwarded to the Minister setting out the relationship between the refugee and the person the subject of the application, as well as the domestic circumstances of that person.

Family Reunification Process

All applications are referred to ORAC from the Family Reunification Unit, Immigration Division, Dept. Of Justice, Equality and Law Reform, whether for family members outside the State or already in the State.

For family members outside the State a visa application on his / her behalf must first be made to the Visa Office, Department of Justice, Equality and Law Reform, 13 - 14 Burgh Quay, Dublin 2 for processing, before it is forwarded to Family Reunification Section, Immigration Division. For those family members already in the State a written application must be made by the refugee directly to Family Reunification Section, Immigration Division, Department of Justice, Equality and Law Reform.

All applications are then forwarded to the Office of the Refugee Applications Commissioner for investigation and only upon completion of the investigation will a Section 18 Report be finalised and forwarded to the Minister for a decision. At no point does ORAC accept applications for Family Reunification from the refugee.

Applying for Family Reunification
Who Can Apply for Family Reunification.
A person granted refugee status in Ireland may apply for Family Reunification under Section 18 of the Refugee Act, 1996 (as amended). This section of the Act allows for a family member to enter and reside in the State and be reunified with him / her. The Refugee Act confers responsibility on ORAC for the investigation of such applications and to report to the Minister for Justice, Equality and Law Reform, for a decision in each case.

Definition of Family Member for Purposes of Family Reunification.

The Refugee Act defines "family members" for the purposes of Family Reunification as follows :

(a) If the refugee is married, his / her spouse (providing that the marriage was subsisting on the date of the application) ;
(b) If the refugee is, on the date of the application, under 18 years of age and not married, his / her parents ;
(c) The child / children of the refugee, who, on the date of the application is under 18 years and unmarried.
(d) The Act also specifies that the Minister may also, at his / her discretion, grant permission to a "dependent family member" of a refugee to enter and reside in the State. "Dependent family member" is defined by the Act as : "any grandparent, parent, brother, sister, child or grandchild, ward or guardian of the refugee, who is dependent upon the refugee, or who is suffering from a mental or physical illness to such an extent that it is not reasonable to maintain himself or herself fully".

Investigation of Family Reunification Application by ORAC

All of the information provided by the refugee, and / or received from other agencies, in respect of the family member, is considered during the investigation into his / her application for Family Reunification and a report is then compiled by ORAC.

The report seeks to establish the relationship between the refugee and the family member who is the subject of the Family Reunification application and it also sets out the current domestic circumstances of that family member. In the case where the refugee applies for a "dependent family member", as outlined under Section 18.4, and who may be allowed join the refugee at the Minister's discretion, the report will also outline how the family member is a dependant of the refugee.
The completed report is then forwarded to Family Reunification, Immigration for a decision by the Minister of Justice, Equality and Law Reform.

Information that should be provided by the Applicant for Family Reunification

Refugees should provide as much detail as possible about his / her family member and submit relevant supporting documentation in order to verify his / her relationship with that family member and to verify his / her current domestic circumstances. Evidence of how a family member is dependent upon the refugee is required if he or she wishes to apply for a "dependent family member".

He / she should also submit identity documents on behalf of the family member and, if residing outside the State, evidence of postage from there and copies of identity documents of any other individual writing or forwarding details in support of the refugee's application.

In the absence of the above information at application stage, ORAC may issue a query to the refugee seeking clarification with regard to his / her application and to obtain the relevant documentation.

On occasion ORAC may find it necessary to contact other Statutory organisations either by correspondence or by telephone. These could include, among others, Dept. of Social and Family Affairs, Garda National Immigration Bureau, Health Service Executive, General Registrar's Office, Dept. of Enterprise, Trade and Employment etc.

(Albanian Community in Ireland)