Entries by berkeleysolicitors

RECENT SUPREME COURT JUDGEMENT REGARDING THE BEST INTERESTS OF CHILDREN IN THE CONTEXT OF DEPORTATION DECISIONS

The Supreme Court delivered a judgement in the case of A.Z, M.Z and C.Z (a minor) v Minister for Justice and Equality [2024] IESC 35 on 25th July 2024. The facts of this case surrounded the deportation order of a man who is the father of an Irish citizen child, and is also married to an Irish national. A challenge was brought by the family against the decision of the Minister not to revoke the father’s deportation order. Judge Phelan found in the applicants’ favour in the High Court and the matter was appealed by the Minister for Justice.

DEPARTMENT OF ENTERPRISE ANNOUNCES 150 NEW WORK PERMITS FOR SEA FISHERS

The Department of Enterprise has announced a new quota of 150 employment permits for sea fishers in a bid to address skills shortages in the Irish fishing fleet.

This decision moves the role of sea fisher from the Atypical Working Scheme to the employment permit system. The role of sea fisher in the Irish fishing fleet is now eligible for a General Employment Permit with a minimum salary requirement of €34,000, up to a quota of 150 permits. This move will ensure that non-EEA sea fishers will have access to the same benefits and protections as other non-EEA nationals employed in the State.

NEW REVOCATION PROCEDURE FOR NATURALISED IRISH CITIZENS

The Court, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 has passed through both Houses of the Oireachtas and is now awaiting being signed into law by the President. Once enacted, the Bill will insert new provisions into the Irish Nationality and Citizenship Act 1956 (as amended) that deals with the revocation of citizenship for naturalised Irish citizens. The previous system for revocation was struck down by the Supreme Court four years ago in the Supreme Court case of Damache v Minister for Justice [2020] IESC 63 for failing to meet the “high standards of natural justice” which the Court held must apply to the process of revocation of certificates of naturalisation. The Supreme Court held that any such process must comply with fair procedures and contain adequate safeguards for persons facing the revocation of their citizenship.

NEW VISA REQUIREMENTS ANNOUNCED FOR NATIONALS OF BOTSWANA AND SOUTH AFRICA

The Department of Justice has announced that nationals of Botswana and South Africa will be required to obtain a visa before travelling to Ireland, effective from Wednesday 10th July 2024. Previously, people travelling from either of these countries to Ireland have not required visas to enter the State. According to the Department, this decision will […]

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

The Employment Permits Act 2024 has now been signed into law, although a commencement order is required before the Act will come into effect.

The new Act’s purpose is to consolidate and update employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017. The Act will promote flexibility in the employment permits system through by allowing many criteria to be prescribed and amended through regulations.

NATURALISATION APPROVAL BASED ON STAMP 2A (SPOUSE OF PHD STUDENT)

Clients of Berkeley Solicitors have recently received a positive decision regarding a naturalisation application for a minor child of a Stamp 2A holder, based on their parent’s residence. It was previously thought that Stamp 2A was not reckonable for naturalisation purposes and this continues to be stated on the ISD website.

CLIENTS OF BERKELEY SOLICITORS GRANTED LEAVE TO APPEAL TO THE SUPREME COURT

Clients of Berkeley Solicitors have received a positive determination granting leave to appeal to the Supreme Court to challenge the Court of Appeal decision FSH and Others v Minister for Justice [2024] IECA 44. The case concerns a Somali woman residing in Ireland by way of family reunification under S.18(4) of the Refugee Act 1996.

UPDATE ON UKRAINIAN NATIONALS TRAVELLING TO IRELAND

The Department of Justice recently announced that from 5th June 2024, temporary measures which allowed Ukrainian nationals to travel to Ireland without a valid biometric passport ceased to be in effect. In accordance with Section 4 of the Immigration Act 2004, all third country nationals, including Ukrainians, must possess a valid biometric passport.

UPDATE REGARDING ELIGIBLE SPOUSES AND PARTNERS OF GENERAL EMPLOYMENT PERMIT AND INTRA-COMPANY TRANSFEREE IRISH EMPLOYMENT PERMIT HOLDERS

The Department of Justice and Department of Enterprise, Trade, and Employment recently announced that eligible spouses and partners of General Employment and Intra-Corporate Transferee Permit holders who have applied for and been granted family reunification in the State in accordance with the Department of Justice Non-EEA Family Reunification Policy will now be registered on a Stamp 1G rather than a Stamp 3 permission.