Tag Archive for: Berkeley Solicitors

EUROPEAN COMMISSION OUTLINES PROPOSALS TO EASE RESTRICTIONS ON NON-ESSENTIAL TRAVEL

In an announcement published on the 3rd May 2021, the European Commission has proposed that Member States begin to ease current restrictions on non-essential travel from outside the European Union.

This announcement was made in light of the progress associated with the vaccine rollout as scientific advice indicates that the risk of transmitting Covid-19 is significantly lowered once a person has been vaccinated.

It is submitted that those who have received both vaccination doses will be permitted to enter the EU on presentation of a vaccine certificate.

The Commission has acknowledged that with the development of the Digital Green Certificate, Member States should also accept certificates from Non-EU nationals.

It is suggested that:

‘Member States could consider setting up a portal allowing travellers to ask for the recognition of a vaccination certificate issued by a non-EU country.’

The full Commission announcement can be found at:

https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2121

In contrast to the Commission’s announcement, the Department of Justice issued notice on the 5th May 2021 that the suspension on processing non-priority visa and preclearance applications has been extended until further notice.

This notice can be found here:

http://www.inis.gov.ie/en/INIS/Pages/visas-updates

This means that the Minister is continuing to prohibit travel for non-EEA family members of Union citizens.

This does not appear to be in line with the current guidance from the European Commission.

 

HIGH COURT DECISION RELATING TO REVOCATION OF AN EU RESIDENCE CARD AND THE IRISH PASSPORT OF MINOR CHILD

BERKELEY SOLICITORS CONGRATULATES THE SUCCESSFUL APPLICANT AND LEGAL TEAM INVOLVED IN RECENT JUDICIAL REVIEW CASE

Berkeley Solicitors offers its congratulations to the successful applicant and legal team involved in the recent judgement MAH v The Minister for Justice , delivered on 30th April 2021.

The case involves a Somalian national who was granted refugee status in Hungary after fleeing from violent threats she had received from a fundamentalist group.

After facing further violence in Hungary, the applicant arrived in Ireland in 2016, where she applied for permission to reside.

The applicant is a qualified doctor and volunteers as a translator for members of the Somalian community and also with the Irish Cancer Society. Her lack of legal status in Ireland meant that she was unable to work in the State.

In February 2020, a deportation order was issued to the applicant, which was the subject of the Judicial Review proceedings before the High Court.

It was argued on behalf of the applicant that returning her to Hungary would amount to inhumane and degrading treatment, in breach of Article 3 of the Convention of European Human Rights.

In the judgment of Ms Justice Burns it is referenced that the applicant’s rights were not sufficiently protected in Hungary and that the Hungarian government were hostile towards migrants.

Ms Justice Burns assessed the Respondent’s consideration under Section 3 of the Immigration Act 1999 as amended, and stated her findings as follows:

I am of the view that the Respondent incorrectly assessed the COI; failed to consider whether the presumption that her fundamental rights would be upheld in Hungary had been rebutted; and failed to properly consider the Applicant’s employment prospects pursuant to s. 3(6)(f) of the 1999 Act, the Respondent’s determination in respect of the Deportation Order is vitiated by these errors.

In granting the applicant the reliefs sought, Ms Justice Burns summarised that:

‘the founding architects of the system of international protection which is in place in Europe today, would be of the view that we, as a people, have badly failed the Applicant in this case.’

Berkeley solicitors welcomes this very fair and just decision and hopes that it will benefit both the applicant and other non-nationals within similar circumstances.

If you require advices regarding any matters raised in this article, please do not hesitate to contact Berkeley Solicitors.

UPCOMING CITIZENSHIP CEREMONIES

CHILDREN BORN IN IRELAND WITHOUT ENTITLEMENT TO NATIONALITY OF ANY OTHER COUNTRY

Berkeley Solicitors continues to act for a number of children born in Ireland without an entitlement to nationality of any other country.

We believe that our clients are entitled to Irish citizenship pursuant to Article 6(3) of the Irish Nationality and Citizenship Act 1956.

Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended by section 3(1) of the Irish Nationality and Citizenship Act, 2001, states as follows:

“A person born in the island of Ireland is an Irish citizen from birth if he or she is not entitled to citizenship of any other country.”

Berkeley Solicitors is proud to have successfully acted for one client who was approved a Certificate of Nationality on foot of Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended.

We currently have a number of similar applications pending. However, these applications tend to be subject to very long delays.

Further difficulties arise because the Minister has failed to implement a lawful application procedure for such children applying for recognition of their Irish citizenship.

Berkeley Solicitors calls on the Minister to implement a lawful procedure for the small cohort of children resident in Ireland, who are entitled to Irish citizenship pursuant to Section 6 (3) of the Irish Nationality and Citizenship Act 1956 as amended.

 

BERKELEY SOLICITORS CALLS ON THE MINISTER TO ADDRESS THE ISSUE OF STATELESS PEOPLE IN IRELAND

It is a matter of great concern to Berkeley Solicitors that Ireland continues to deny stateless persons the right to have their status recognised contrary to the UN Convention for Stateless Persons.

The Immigrant Council of Ireland has stated that:

‘Ireland continues to fail in meeting international standards for providing legal framework to protect stateless people and does not have sufficient safeguards in place to prevent and reduce statelessness from occurring through legal gaps.’

The first applicant in Ireland to obtain a declaration of ‘stateless’ status was in 2014, and a client of Ms Karen Berkeley. A summary of the case can be found at:

https://www.irishtimes.com/news/social-affairs/ireland-gives-legal-status-to-first-stateless-resident-1.1742516

Acting for the client, Ms Berkeley commented that Ireland’s failure to establish an administrative process for stateless residents was a breach of its obligations under the 1954 Convention.

However, following this case no application procedure has yet been created by the Minister for Justice.

It is a very unsatisfactory situation that stateless persons generally have to apply for refugee status and fit their case into the narrow legal definition of a refugee.

Berkeley Solicitors calls on the Minister to establish a legal procedure for stateless persons in the UN Convention for Stateless Persons.

 

REOPENING OF BURGH QUAY REGISTRATION OFFICE

The Burgh Quay Registration Office will reopen for non-nationals who are registering for their first immigration permission on Monday 10th May 2021.

In the notice published on the 6th May 2021, INIS stated that the office will be in contact with applicants whose appointments were cancelled due to the closures in line with the level 5 restrictions.

It is intended that these cancelled appointments will be rescheduled as quickly as possible.

Applicants in the Dublin region who wish to register for their first immigration permission can book an appointment at:

https://burghquayregistrationoffice.inis.gov.ie/

For those located outside of Dublin, applications are processed by the Garda National Immigration Bureau. Contact details for these offices can be found here:

https://www.garda.ie/

The reopening now means that those who have been granted residence permission can apply for an Irish Residence Permit and will have evidence of their right to reside and work.

This is very welcome news for our clients who have been facing practical difficulties due to the closures.

The full announcement can be found at:

http://www.inis.gov.ie/en/INIS/Pages/updates-announcements

Berkeley Solicitors advises all our clients who have received their first residence permission approval since the closure of Burgh Quay on the 23rd December 2020 to immediately apply for an appointment to register.

 

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

SUSPENSION OF VISA AND PRECLEARANCE APPLICATIONS EXTENDED UNTIL FURTHER NOTICE

The decision to temporarily suspend the processing of new visa and preclearance applications has been extended as of 5th May 2021.

In its notice, the Department of Justice stated that:

‘these measures will remain in place until further notice’ and that ‘the situation will continue to be reviewed in consultation with the relevant authorities in the coming weeks.’

Due to the level 5 restrictions, there are a limited number of applications currently being processed, including priority and emergency cases.

These cases include applications for essential workers, patients travelling for necessary medical treatment and persons travelling for urgent family reasons.

The notice also states that applications received before the 29th January will continue to be processed.

Applications for appeal are also being accepted and processed.

There is no indication of when the Department will recommence accepting new visa and preclearance applications.

The full announcement can be found at:

http://www.inis.gov.ie/en/INIS/Pages/visas-updates

If this notice affects you or your family, please get in contact with Berkeley Solicitors to discuss your case

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

CONGRATULATIONS TO CLIENTS OF BERKELEY SOLICITORS WHO HAVE BEEN RECENTLY APPROVED FOR NATURALIZATION

Berkeley Solicitors offers congratulations to a number of our clients who have recently received approval on their naturalization applications.

This is very welcome news for our clients who have all been waiting in excess of two years to have their applications approved.

Covid-19 restrictions have resulted in delays for over 24,000 people awaiting approval for naturalization.

With in-person citizenship ceremonies not set to resume until December, the approved applicants can now sign a statutory declaration in the presence of a designated official.

In a letter, the Minister for Justice offered her ‘warmest congratulations’ to the approved applicants as they begin a new chapter in their lives as Irish citizens.

Berkeley Solicitors congratulates our clients on receiving this good news after a very long wait.

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

MINISTER FOR JUSTICE ANNOUNCES FURTHER EXTENSION OF IMMIGRATION PERMISSIONS

On 26th March 2021, the Minister for Justice Helen McEntee published a notice announcing a further temporary extension of immigration and international protection permissions. This extension applies to immigration and international protection permissions to reside in the State that are due to expire between 21st April 2021 and 20th September 2021.

It applies to all persons with a current valid permission, whether pursuant to domestic law or powers of the Minister, or pursuant to Directive 2004/38/EC (the EU Free Movement Directive).

All such permissions are automatically renewed by the Minister to the 20th of September 2021.

Any permission that was renewed by the previous notices and was due to expire between 21st April 2021 and 20th September 2021 is automatically renewed by this notice until 20th September 2021.

The automatic renewal is on the same basis as the existing permission and the same conditions will continue to apply.

Announcing the measure, the Minister for Justice commented:

“As the COVID-19 situation continues to evolve, I want to reassure people whose immigration permissions are due to expire shortly that your legal status in the country will continue to be maintained. To do this, I am introducing a further automatic extension to 20 September 2021 for anyone already holding a valid permission.

“This extension will benefit those who cannot get an appointment to register or renew an existing permission. However, I encourage anyone who can renew, particularly Dublin-based customers who can use the online system, to do so and not to wait until September.”

The notice also confirms that the Registration Office in Burgh Quay remains closed due to Covid-19 restrictions. Persons who were issued with appointments for first time registrations will be contacted directly by the Immigration Service and they will be prioritised for appointments once the Public Office can safely reopen.

The notice can be read in full here.

If you or a family member have queries about your immigration permission, please do not hesitate to contact our office.

PROCESSING TIMES FOR FOREIGN BIRTH REGISTRATION

MINISTER FOR JUSTICE ANNOUNCES CHANGES TO REQUIREMENTS FOR CHILDREN APPLYING FOR IRISH CITIZENSHIP

On 23rd March 2021, the Minister for Justice, Helen McEntee, announced that she will make it easier for children born here, whose parents are not Irish citizens and who are not entitled to citizenship at birth, to gain Irish citizenship themselves.

The current policy is that a child born in the State, but who is not entitled to citizenship by birth, needs to be resident in Ireland for five of the previous eight years before they can apply for citizenship.

Minister McEntee announced that she intends to reduce the residency requirements for such children from five years to three years.

These changes will be contained in the upcoming Civil Law (Miscellaneous Provisions) Bill 2021, which is expected to be submitted to Government in the coming weeks.

Once this legislation comes into force, the number of years a minor must be resident in Ireland will now be two years out of the previous eight, in addition to the requirement to have one year’s continuous residence immediately prior to their citizenship application.

Announcing this step, the Minister for Justice commented:

“The granting of Irish citizenship is a privilege and an honour which is recognised by the thousands of people who apply every year. It is my hope that reducing the amount of time children of non-Irish nationals born in Ireland have to wait before being eligible for citizenship will provide comfort and reassurance to many families across the country.

…

 This amendment provides increased security for children where a parent subsequently falls out of permission as the child will be entitled to Irish citizenship and will therefore be an EU citizen with the right to remain in the State with a non-EEA national guardian or parent.

However, it will not broaden the categories of children who are entitled to citizenship and this amendment will only apply to the children of those parents who are legally resident in the State. Children born here to non-national parents who have three years prior residency will continue to be Irish citizens from birth.”

This is a welcome development which will allow children who are currently on a pathway to citizenship to attain this status at a much earlier stage.

The full announcement can be read here.

If you or a family member have any queries about applying for Irish citizenship, please contact our office.

DEPARTMENT OF JUSTICE ANNOUNCES EU TREATY RIGHTS AND DOMESTIC RESIDENCE APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY DURING COVID-19 RESTRICTIONS

On 15th January 2021, the Department of Justice published an updated notice regarding the submission of certain immigration applications during Covid-19 restrictions.

The notice confirms that as a temporary measure between Monday 18th January 2021 and Friday 30th April 2021, both EU Treaty Rights and Domestic Residence applications can be submitted by email with copies of supporting documentation.

In normal circumstances these applications need to be submitted by post with hard copy documents.

Any original documentation that is required for the application may need be submitted by post at a later date. The notice further states that documents should be submitted in PDF format.

This is a welcome development which will simplify the application process during the current Covid-19 lockdown.

The full notice can be read here.

If you have queries about EU Treaty Rights and Domestic Residence applications, please do not hesitate to contact the office.