Entries by berkeleysolicitors

RIGHT TO WORK FOR ASYLUM SEEKERS: RECENT DEVELOPMENTS

The indications by the Supreme Court last year that they would hold the absolute ban on asylum-seekers working as unconstitutional was heralded as a hugely significant and positive change for those seeking asylum in Ireland, and was previously written about in our Blog. Recent developments however indicate that the State proposes to limit this right so that only a small minority of asylum-seekers can actually benefit.

VISA REQUIREMENTS FOR UNITED ARAB EMIRATES LIFTED

Mr Charlie Flanagan T.D., the Minister for Justice and Equality has recently announced the lifting of the visa requirement for UAE citizens travelling to Ireland.
This change will be in effect from the 31st January 2018, with Minister Flanagan signing an order to this effect.
This change was affected with regard to the growing economic ties between Ireland and the United Arab Emirates, with Minister Flanagan stating that the lifting of the visa requirement was necessary so that areas such as trade, tourism, education, healthcare and technology can continue to strengthen and improve between the two states.

ISSUES REGARDING VENEZUELAN PASSPORTS

Venezuela continues to be plagued by a number of issues caused largely due to the unpopular socialist president Nicolá Maduro who entered office in 2013. Previous months have seen large anti-government protests, calls for a presidential election, dwindling supplies of food and basic medical supplies as well as the mass exodus of Venezuelan nationals from the State. The issues currently faced by the people of Venezuela are considered a “humanitarian crisis”, and for many Venezuelans leaving the State is considered their best option.

UNLAWFUL SEIZING OF PASSPORTS

The case of Herrera v An Garda Síochana & Others

The plaintiff in this case was an Argentinean national who had been resident in the State since 2012. He was arrested in February 2013 in connection with allegations of serious criminal offences. It was at this stage that the arresting Gardaí took his Argentinean passport. The plaintiff was then charged under S.3 of the Non-Fatal Offences Against the Person Act 1997 and remanded in custody.

IRISH RESIDENCE PERMITS REPLACE GNIB CARDS

The Garda National Immigration Bureau card (GNIB card) is currently being phased out and replaced by the new Irish Residence Permit (IRP) since the 11th December 2017. Individuals who are not EEA citizens or a national of Switzerland and who currently have a GNIB card do not have to apply for a new Irish Residence Permit until their GNIB cards expire, are lost or stolen.

CHANGE IN POLICY FOR FAMILY REUNIFICATION FOR NATURALISED REFUGEES

There appears to be a recent worrying change in policy within the Family Reunification Section of the Irish Naturalisation and Immigration Services regarding refugee family reunification applications made under Section 18 of the Refugee Act 1996 by naturalised refugees.

VISA DELAYS – THE ATIF AND MAHMOOD CASE

The Irish Naturalisation and Immigration Service indicates that it renders a decision in that majority of visa applications within eight weeks of receipt. It further indicates that Join Family visas take significantly longer, estimating six months for circumstances where the sponsor is an Irish citizen or in Ireland and entitled to immediate family reunification, and twelve months for all other instances.

RECOGNIZING FOREIGN ADOPTIONS FOR IMMIGRATION PURPOSES

The recognition of a foreign adoption for the purposes of immigration arises in circumstances where an individual who is legally residing in Ireland applies family reunification with their adopted child, where the child is resident in their own country of origin and by consequence, the adoption is done through their country of origin’s law.

REVISED RULES ON THE STUDENT PATHWAY

In 2016 the Irish government introduced a new Stamp for international non-EEA students who wish to stay in the State once they are finished their Irish degree programmes. The Stamp 1G is a stamp for non-EEA international students which allows those currently holding Stamp 2 permissions to avail of a Stamp 1G Third Level Graduate programme.