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.
Non-EEA citizens resident in Ireland are required by law to register pursuant to Section 9 of the Immigration Act 2004, failure to register is in fact an offence under the 2004 Act.
Citizens of Ukraine are now non- visa required in the Irish Immigration context and it appears their re-entry to Ireland following any travel is being facilitated by production of their temporary protection letter, however the standard immigration procedure would be to produce to the immigration officer a valid IRP card.
A specific difficulty arises for holders of temporary protection, who fled from Ukraine, who are nationals of visa required countries.
Without an IRP card to recognise their legal residence in Ireland such persons are in fact restricted in being able to travel outside of the State as they have no document to facilitate their return to the State.
The Minister has abolished the re-entry visa system for adults and therefore the reality is that in absence of a valid IRP card, such persons would have no document to facilitate their return to Ireland.
Furthermore, it is unclear as to the rights of family reunification for holders of temporary protection as they do not hold a distinct immigration registration stamp.
Berkeley Solicitors has successfully obtained registration for a holder of temporary protection and are happy to note that our client has been issued with Stamp 4 registration permission.
This will allow our client to travel in and out of Ireland without difficulty. Our client also now holds Stamp 4 registration which is a clearly reckonable stamp for the purpose of a naturalisation application and has clearly defined rules as to the right to family reunification.
In our view the Minister for Justice should facilitate the registration of all persons in Ireland who have been issued temporary protection with Stamp 4 permission without further delay.