Refugee Act 1996

“Refugee”.

2

2.In this Act “ a refugee” means 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, but does not include a person who—

( a) is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

( b) 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,

F5 [ ( c ) there are serious grounds for considering that he or she

(i) 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,

(ii) has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(iii) has been guilty of acts contrary to the purposes and principles of the United Nations. ]

( d) F6 [ ]

( e) F6 [ ]

Annotations:

Amendments:

F5

Substituted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(a), S.I. No. 415 of 2003.

F6

Deleted (15.09.2003) by Immigration Act 2003 (26/2003), s. 7(a), S.I. No. 415 of 2003.

Editorial Notes:

E9

Acts of persecution for purposes of section prescribed (10.10.2006) by European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006), reg. 9, in effect as per reg. 1(2).