INTERNATIONAL PROTECTION ACT 2015- NOTICE OF COMMENCEMENT

The Irish Naturalisation and Immigration Service (INIS) have issued an information notice for applicants for family reunification. The notice advises that the International Protection Act 2015 (2015 Act) will be commenced by the Tánaiste and Minister for Justice and Equality on 31st December 2016. The procedure and statutory framework for the assessment of applications for family reunification for recognised refugees is set to be overhauled by the commencement of this Act.

It is important for family reunification applicants to note that once their application has been received by the Minister for Justice and Equality before commencement of the 2015 Act, these applications will be processed under the existing legislation, that is the Refugee Act 1996.

New applicants or those considering making an application for family reunification should be aware that any applications for family reunification received by the Minister after commencement on 31st December 2016 will be processed under the 2015 Act.

In cases where an application is made before commencement of the 2015 Act and permission for family reunification is granted after the Act’s commencement, the approved family members will be given permission to enter and reside in the State for a period of no less than one year, provided the sponsor’s permission is in force and provided the sponsor is entitled to remain in the State.

The INIS have placed a notice on their web page as of 8th December stating as follows:

Applications for Family Reunification received by INIS no later than close of business on Friday 30 December 2016 will be processed under the current legislation.

Applications for Family Reunification received by INIS after 30 December 2016 with a post-mark date, or certificate of posting, of 30 December 2016 or earlier will be accepted as being received before close of business on 30 December and will be processed under current legislation.

All new applications for Family Reunification made after commencement of the 2015 Act will be processed under the 2015 Act.

BERKELEY SOLICITORS