Entries by berkeleysolicitors

JUDGMENT ON FAMILY REUNIFICATION OF ADOPTED CHILDREN UNDER SECTION 56

On 22nd July 2022, Ms. Justice Donnelly of the Civil Court of Appeal delivered judgment in the case of H.A. v. The Minister for Justice. The Minister for Justice appealed to the Court of Appeal following the Judgment in favour of the applicant in the High Court.
H.A. is a national of Somalia who was granted refugee status in the State by the Minister on 9th July 2019. On 11th June 2020, H.A. submitted a request for her husband, niece and nephew to join her in the State on the ground of family reunification under section 56 of the International Protection Act. H.A.’s request was granted for her husband and rejected for her niece and nephew.

EXCLUSION OF NON-EEA FISHERMEN FROM THE LONG-TERM RESIDENCE SCHEME

The Atypical Worker Permission Scheme for non-EEA fishers states the non-EEA migrants need an Irish work permit, visa or immigration permission to work on a fishing vessel that operates in or passes through Ireland’s territorial water or docks at an Irish port.
To qualify for the scheme, a non-EEA fisherman must be directly employed by the holder of a sea-fishing boat license in Ireland for at least 12 months. To switch to a different sea-fishing employer, non-EEA fishermen must complete an online application form. This form takes at least 20 days to process with no guarantee of approval. A Government Task Force appointed to investigate the Atypical Working Scheme for non-EEA crew noted that the procedures in place for changing one’s employer on their fishing permit are not reliable in practice.

IRELAND SUSPENDS OPERATION OF EUROPEAN AGREEMENT ON THE ABOLITION OF VISAS FOR REFUGEES FOR 12 MONTHS

Ireland is a signatory to the European Agreement on the Abolition of Visas for Refugees and as part of this arrangement the holder of a Convention Travel Document issued by another contracting State is not subject to Irish visa requirements for short stays of up to 90 days and can request entry to Ireland for up to 90 days as a non-visa required person. The Government announced yesterday that Ireland’s temporary suspension of the Agreement will be notified to the Council of Europe.

IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

On 27th June 2022, Mr Justice Ferriter of the High Court gave judgment in the judicial review cases of SH and AJ. Both cases address the application of s.56 of the International Protection Act 2015.
S.56(a)(d) of the International Protection Act 2015 states that the child of an applicant for family reunification must be under 18 years of age and unmarried at the time of application for family reunification.
A basic understanding of the cases of SH and AJ is necessary to understand the High Court ruling.
SH is a national of Syria. His wife and their three children, NH (born 31st May 2009), AH (born 24th April 2003) and ZH (born 29th April 2000) remain in Syria.

SIGNIFICANT SUPREME COURT DECISION- REFUSAL TO ISSUE IRISH PASSPORT TO MINOR CHILD BORN IN IRELAND

The Supreme Court have delivered a very significant judgement in the case of U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors.

U.M is a minor child, born in Ireland on 1st June 2013. UM’s father is a citizen of Afghanistan, who was granted a declaration of refugee status on 14th July 2006, having arrived in Ireland on 22nd April 2005.

UM’s father in 2012 returned to Afghanistan and returned to the State at a time when his Stamp 4 registration had lapsed. His fingerprints were taken at Dublin airport and were found to match with the identity of another person, who had been refused refugee status in the United Kingdom in 2004.

UM’s father subsequently received a decision from the Minister for Justice revoking his refugee status, on the basis that he had returned to Afghanistan and had not given truthful information in his asylum application. UM’s refugee status was revoked pursuant to the Minister’s powers under the now repealed Section 21(1) of the Refugee Act 1996. Under the International Protection Act 2015 revocation of refugee status must take place where various circumstances arise, the Minister no longer has a discretion as she did have under the 1996 Act. The 2015 Act also confirms the revocation will have prospective effect. UM’s father’s refugee status was revoked with effect from 31st August 2013. UM’s father did not appeal the Minister’s decision.

RECOMMENCEMENT OF CITIZENSHIP CEREMONIES

The first citizenship ceremony since early 2020 was recently held on the 20th June 2022 in Killarney, County Kerry.
The in-person ceremonies were postponed for over two years due to Covid-19 restrictions.
The ceremonies were temporarily replaced with the signing of a declaration of fidelity to the State.
Berkeley Solicitors wishes to congratulate all those who have recently received their Irish Citizenship and we welcome the return of the citizenship ceremonies which allows the recipients to celebrate this occasion.
If you or a family member has any queries regarding your immigration status please do not hesitate to contact us.

FAILURE TO REGISTER TEMPORARY PROTECTION HOLDERS

The Minister for Justice has made a decision not to register the immigration permission of persons legally resident in Ireland with Temporary Protection in accordance with Section 60 of the International Protection Act, the Temporary Protection Directive (2001/55/EC) and Council Implementing Decision (EU) 2022/382 of 4 March 2022.

The Minister has granted such persons letters confirming their temporary protection along with a right to work, PPS numbers and accompanying supports. The provision of residence permission and such rights to persons who have fled Ukraine is very welcome.

However, the failure to register the holders of temporary protection and provide them with IRP registration cards is problematic for a number of reasons.

RE-ENTRY VISAS FOR CHILDREN UNDER 16 SUSPENDED UNTIL FURTHER NOTICE

In a notice published on the 14th June 2022 it was announced that the requirement to obtain a re-entry visa has been suspended indefinitely for children under 16.
The notice states that children under 16 must be accompanied by a parent or guardian who hold legal residence permission in the State.

DEPARTMENT OF JUSTICE PUBLISHES “NOTICE FOR EMPLOYERS- MAY 2022”

On 23rd May 2022, the Department of Justice published on their website a “Notice for Employers- May 2022”
The notice relates to the Covid-19 temporary extensions of immigration permissions set to expire on the 31st May 2022. This temporary permission extension covers persons who have had their permission extended by any of the previous eight temporary extensions since March 2020. You can find our previous blog post regarding this extension here.
The Department of Justice has announced that there are no plans to issue an extension beyond the 31st May 2022 but states that those covered by the extension are entitled to remain, reside and work in the State if their permission previously granted permitted them to do so.