Entries by berkeleysolicitors

LUXIMON CASE: SUPREME COURT’S JUDGEMENT

Berkeley Solicitors is happy to announce that the Irish Supreme Court has delivered its judgment in the cases of Luximon v Minister for Justice and Equality and Balchand v Minister for Justice and Equality. These proceedings where both appealed from the Court of Appeal by the Minister for Justice and Equality. The outcome of this case is one that potentially affects a large number of our clients, and we note that this judgement is a positive judgement for many non-EEA persons resident in Ireland

IRELAND COMMENCES RATIFICATION PROCESS OF THE UN CONVENTION ON DISABILITY RIGHTS

On the 7th March 2018, the Dail has commenced the process of ratification of the UN Convention of the Rights of Persons with Disabilities 2006, following the enactment of the Disability (Miscellaneous Provisions) Bill 2016.
The Tánaiste and Minister for Foreign Affairs Simon Coveney will be signing the Instrument of Ratification, which will come into force 30 days after it is received by the UN. Ireland will be the last member of the EU to ratify the 2006 Convention, despite having signed the framework in 2007.

REDUCTION IN SUCCESSFUL HUMANITARIAN APPLICATIONS

The past two years have seen a steep drop in the rate of successful humanitarian applications in the State. While 2015 saw a 60% rise in the granting of leave to remain over one year (Holland, 2015) the introduction of the International Protection Act, 2015 has seen the rate of humanitarian leave granted plummet to only 163 people in 2017, down from 465 in 2016 and 1,201 in 2015 (Power, 2018).

The Leave to Remain process is explained by the McMahon report (Department of Justice, 2015) as follows;

WORKPLACE RELATIONS COMMISSION CASE CONCERNING THE EMPLOYMENT RIGHTS OF AU PAIRS: McCORMACK v GENEROSO

The case in question concerns an appeal by the employers, Ms Bernardine & Thomas McCormack against the Decision of an Adjudication Officer in the Labour Court.

Facts of the Case:

The AU pair in this case, a Brazilian national, came to Ireland on a Stamp 2 visa for the purpose of learning English. This Stamp 2 allowed her to work a maximum of 20 hours a week during term time, and 40 hours outside of term time. She was hired as an AU pair by the employers, Mr and Ms McCormack in February 2016. Ms Generoso was paid €150 a week and was provided with bed and lodgings. Ms Generoso’s effective hourly rate was €2.78 per hour.

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.