Tag Archive for: immigration law

Clients of Berkeley Solicitors win their judicial review case before the High Court in N.I. V MJE 2022 / 442 /JR

ONUS ON MINISTER TO CARRY OUT RIGOROUS INVESTIGATIONS BEFORE MAKING AN ALLEGATION OF FRAUD AGAINST APPLICANTS

In the judgment of Mr Justice Max Barrett in the case of Jaysheering Saneecher and Nikolajs Samkovs V The Minister for Justice and Equality delivered on 5th May 2021 it was concluded that:

‘an investigation resulting in a determination that an application is fraudulent must be rigorous’

In this case, the Minister had disputed several facts which had been submitted by the applicants in their EU Treaty Rights application and therefore it was refused on fraudulent grounds.

In response to this Mr Justice Barrett commented that:

‘an error on a payslip could not, by itself, reasonably ground the serious finding that the applicant’s application was fraudulent.’ and that ‘the Minister’s investigation process in this regard was disproportionately lacking in rigour and did not yield a safe finding.’

Furthermore, Mr Justice Barrett was critical of the Minister’s failure to conduct a proportionality assessment and stated that:

‘a blanket cessation of any EU treaty rights presenting – is utterly dis-proportionate.’

This is a welcome judgment which reiterates that there is a strong onus on the Minister to carry out a rigorous and thorough investigation before making an allegation of fraud in an EU Treaty Rights application.

Please do not hesitate to contact us if you are affected by this notice or by the matters raised in this blog.

GUIDELINES ON MANDATORY HOTEL QUARANTINE IN IRELAND

On 26th March 2021 mandatory hotel quarantine was introduced in Ireland in an effort to prevent the spread of Covid-19.

The system is legislated for under the Health (Amendment) Act 2021 which makes provision for:

‘the mandatory quarantine of persons coming into the State from certain areas from where there is known to be sustained human transmission of Covid-19 or any variant of concern.’

Therefore, any person travelling from a designated State or any person who has been in a designated State 14 days prior to entering Ireland is obliged to complete mandatory hotel quarantine which can be pre-booked at:

https://www.quarantinehotelsireland.ie/

Additionally, any person arriving from a non-designated State without a ‘not detected’ PCR test result taken within 72 hours of their arrival must also complete mandatory hotel quarantine.

The list of designated States is updated regularly and the full list can be found at:

https://www.gov.ie/en/publication/b4020-travelling-to-ireland-during-the-covid-19-pandemic/#designated-states-mandatory-hotel-quarantine

There are several circumstances under which a person can be exempt from mandatory hotel quarantine.

These include:

  • transit passengers who do not leave the port or airport before leaving the State
  • a person who has completed a full course of an EMA approved vaccine
  • persons travelling to the State to compete in a Sports Ireland certified sports event
  • an adult resident of Ireland who is accompanying a child who was not born in the State and has never previously been in Ireland, travelling for the purpose of becoming ordinarily resident in Ireland
  • a person who is returning to Ireland having gone abroad for unavoidable, imperative and time-sensitive medical reasons and in possession of medical certification of this
  •  a person arriving in the State in the course of their duty and who hold a valid Annex 3 certificate (ensuring the availability of goods and essential services)
  • drivers of a heavy goods vehicle arriving in the State in the course of their duty
  • airline pilots, aircrew, maritime master or maritime crew and who arrive in the State in the course of performing their duties
  • a person travelling to the State pursuant to an arrest warrant, extradition proceedings or other mandatory legal obligation
  • a member of An Garda Síochána or Defence Forces travelling to the State in course of their duty
  • a person travelling to the State for unavoidable, imperative and time-sensitive medical reasons and these reasons are certified by a registered medical practitioner or person with equivalent qualifications outside the State
  • a person having been outside of the State to provide services to or perform the functions of an office holder (under any enactment or the Constitution) or a member of either house of the Oireachtas or the European Parliament
  • diplomats and certain other categories of persons entitled to privileges and immunities in the State

Further information on these categories can be found at:

https://www.gov.ie/en/publication/3b8e1-mandatory-hotel-quarantine-your-questions-answered/#exemptions-from-mandatory-hotel-quarantine

Please do not hesitate to contact us if you are affected by this notice or by the matters raised in this blog.

HIGH COURT CHALLENGES TO THE SUSPENSION ON PROCESSING VISA APPLICATIONS

In a notice published on the 5th May 2021, it was announced that the suspension of processing new visa and preclearance applications would continue until further notice.

Our blog post on this extension can be read here:

https://berkeleysolicitors.ie/suspension-of-visa-and-preclearance-applications-extended-until-further-notice/

Under these restrictions it is currently only priority or emergency applications which are being processed.

The restrictions do not appear to be in line with the European Commission guidance dated 3rd May 2021, which  states “the Commission is proposing that Member States ease the current restrictions on non-essential travel into the EU to take into account the progress of vaccination campaigns and developments in the epidemiological situation worldwide.”

Furthermore, Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction, at Annex II, states the specific categories of travellers with an essential function as:

“Passengers travelling for imperative family reasons;

“Persons in need of international protection or for other humanitarian reasons;”

We note this Council recommendation does not apply to Ireland, but acts as a guide, in respect of determining essential travel within the EU during the current pandemic.

The Minister’s ongoing suspension on issuing visa applications has greatly affected individuals and families, with many being separated for long periods of time.

We have successful made representations to the Minister on behalf of one client to issue the visa for his dependent mother due to “imperative family reasons.” However, unfortunately we are aware of a substantial number of clients who cannot obtain visas for their family, even though the visas have been approved.

In light of the difficult situation faced by the affected families, recent challenges have been brought before the High Court regarding the failure to process visa applications for family members of EU citizens.

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