Entries by berkeleysolicitors

BAN ON VISAS FOR LIBYAN NATIONALS IN IRELAND

While Trump’s ‘Travel Ban’ may have made international headlines and drawn widespread criticism, Minister for Justice Frances Fitzgerald’s severe restrictions on Libyan nationals obtaining permission to enter Ireland has somehow escaped such public exposure and condemnation.

POLYGAMOUS MARRIGES IN IRELAND – THE CASE OF H.A.H AND S.A.A

On 15th June 2017, the Supreme Court case of H.A.H v S.A.A and Others ruled that the first marriage of a Lebanese man with two wives would be held as valid under Irish law, while his second marriage and all potentially subsequent marriages would not be legally recognised. The appeal followed from the case’s previous ruling in the High Court in 2010 which held that polygamous marriages were incompatible with the understanding of marriage in Ireland and in the Irish Constitution, and were thus entirely invalid.

CHANGE TO CRITERIA FOR RESIDENCY PERMISSION FOR DE FACTO PARTNERS OF IRISH CITIZENS

The INIS have altered the eligibility criteria for applications for residency for the de facto partners of Irish citizens.
Applicants are now required to have cohabited together with their Irish citizen partner for a period of one year. This has been reduced from the previous two year requirement.
A new application form has also been published and is now to be used when making the de facto residency permission application. The application form includes statutory declarations to be sworn by the applicant, the Irish citizen and a supporting witness.
The application form and a guidance note can be found on the INIS web page.
If you have queries or wish to submit an application for residency permission on as the partner of an Irish citizen do not hesitate to contact the office.

UPDATE ON THE CASE OF MAHMOOD AND ATIF AND CONTINUED DELAYS IN THE PROCESSING OF VISA APPLICATIONS FOR FAMILY MEMBERS OF EU CITIZENS

We have written on our blog previously about the case of Mahmood and Atif v Minister for Justice and Equality, the judgment of the High Court issued on 14th October 2016.

It is our understanding that this ruling of the High Court has been appealed to the Court of Appeal by the Respondent.

We note that this case is to be mentioned before the Court of Appeal in late March 2017, to be given a date for hearing of the appeal.

We understand that the Respondent has sought a stay on the High Court order that the visa applications in this case are processed within a six-week period. It is understanding that the Court of Appeal has refused to grant such an order.

We hope that a decision in the Mahmood and Atif case is issued to the applicants within the time frame ordered by the High Court in these circumstances.

We note that the Court of Appeal may go on to consider the appeal application in Mahmood and Atif on the principles raised by the case.

Our clients still continue to experience unreasonable and unlawful delays in the processing of visas for their family members under Directive 2004/38/EC and The European Communities (Free Movement of Persons) Regulations 2015 and we submit that such delays are inexcusable and unjustifiable.

If you or your family are impacted by these issues or similar issues, please do not hesitate to contact us to discuss this in more detail.

THE INTERNATIONAL PROTECTION ACT 2015 AND ITS IMPACT ON REFUGEE FAMILY REUNIFICATION

The International Protection Act 2015, which came into effect on 31st December 2016, provides for a single application procedure for international protection. Under Section 2 of the Act, a person who qualifies for international protection is “a person who is either:
(a) a refugee and in relation to whom a refugee declaration is in force, or
(b) a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force”

Some Key changes for Asylum Applications
• All information for all three applications for Refugee Status, Subsidiary Protection and Permission to remain under a single procedure will be taken at the same time (this means they will be processed at the same time).

THE AMERICAN PRECLEARANCE PROCEDURE MUST BE SUSPENDED

The United States operates border preclearance facilities at a number of ports and airports around the world, including Dublin Airport and Shannon Airport. The preclearance facilities at Dublin Airport and Shannon Airport are now under intense scrutiny following President Trump’s recent Executive Order suspending all refugees’ entry to the US for a 120 day period, and issuing an indefinite ban on refugees from Syria and a 90-day ban on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

CONCERNS ARE RAISED ON LEGALITY OF THE AMERICAN PRECLEARANCE PROCEDURE AT IRISH AIRPORTS FOLLOWING PRESIDENT TRUMP’S TRAVEL BAN

In the recent days, President Trump has enacted an Executive Order suspending all refugees’ entry to the US for a 120 day period, an indefinite ban on refugees from Syria and a 90-day ban on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Citizens from these countries will not be issued visas to the US, and will be stopped at the point of entry at US airports.

CURRENT SYSTEM FOR APPLICATIONS FOR STAMP 4 FOR NON VISA REQUIRED DE FACTO PARTNERS OF IRISH CITIZENS

This article will highlight the current system for applications for Stamp 4 residency for de facto partners of Irish citizens living together in Ireland. In particular, those applicants who are not required to obtain a visa to enter Ireland.

At present, our office is currently experiencing an increase of clients seeking advice in relation to decisions refusing their de facto partners application, based on irrelevant considerations.