The Immigration Blog

EXTENSION OF 5-YEAR MULTI-ENTRY SHORT-STAY VISA OPTION TO ALL VISA REQUIRED COUNTRIES

EXTENSION OF 5-YEAR MULTI-ENTRY SHORT-STAY VISA OPTION TO ALL VISA REQUIRED COUNTRIES

On April 22nd 2022, the Minister for Justice, Helen McEntee TD, announced the extension of the 5-year, multi entry, short-stay visa option to all visa required countries. A multi entry visa permits the visa holder to travel to Ireland on a number of occasions during the dates shown on the visa. Prior to this, Ireland had offered 1 year, 2 year and 3-year multi entry visas. The option of a 5-year multi-entry visa was only available to Chinese passport holders; a measure which was introduced on the 1st of July 2019.

EXCLUSION OF UKRANIAN CITIZENS AND HOLDERS OF TEMPORARY PROTECTION FROM REGISTER OF NON-NATIONALS

It has now been five months since the Council Implementing Decision (EU) 2022/382 of the 4th March 2022 and since the Department of Justice commenced granting Temporary Protection for persons fleeing the conflict in Ukraine in accordance with Section 60 of International Protection Act of 2015. Currently, the Minister still has yet to open the Register of Non Nationals to Ukrainians and holders of temporary protection.

JUDGMENT ON FAMILY REUNIFICATION OF ADOPTED CHILDREN UNDER SECTION 56

On 22nd July 2022, Ms. Justice Donnelly of the Civil Court of Appeal delivered judgment in the case of H.A. v. The Minister for Justice. The Minister for Justice appealed to the Court of Appeal following the Judgment in favour of the applicant in the High Court. H.A. is a national of Somalia who was granted refugee status in the State by the Minister on 9th July 2019. On 11th June 2020, H.A. submitted a request for her husband, niece and nephew to join her in the State on the ground of family reunification under section 56 of the International Protection Act. H.A.’s request was granted for her husband and rejected for her niece and nephew.

EXCLUSION OF NON-EEA FISHERMEN FROM THE LONG-TERM RESIDENCE SCHEME

The Atypical Worker Permission Scheme for non-EEA fishers states the non-EEA migrants need an Irish work permit, visa or immigration permission to work on a fishing vessel that operates in or passes through Ireland’s territorial water or docks at an Irish port. To qualify for the scheme, a non-EEA fisherman must be directly employed by the holder of a sea-fishing boat license in Ireland for at least 12 months. To switch to a different sea-fishing employer, non-EEA fishermen must complete an online application form. This form takes at least 20 days to process with no guarantee of approval. A Government Task Force appointed to investigate the Atypical Working Scheme for non-EEA crew noted that the procedures in place for changing one’s employer on their fishing permit are not reliable in practice.

IRELAND SUSPENDS OPERATION OF EUROPEAN AGREEMENT ON THE ABOLITION OF VISAS FOR REFUGEES FOR 12 MONTHS

Ireland is a signatory to the European Agreement on the Abolition of Visas for Refugees and as part of this arrangement the holder of a Convention Travel Document issued by another contracting State is not subject to Irish visa requirements for short stays of up to 90 days and can request entry to Ireland for up to 90 days as a non-visa required person. The Government announced yesterday that Ireland’s temporary suspension of the Agreement will be notified to the Council of Europe.
IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

On 27th June 2022, Mr Justice Ferriter of the High Court gave judgment in the judicial review cases of SH and AJ. Both cases address the application of s.56 of the International Protection Act 2015. S.56(a)(d) of the International Protection Act 2015 states that the child of an applicant for family reunification must be under 18 years of age and unmarried at the time of application for family reunification. A basic understanding of the cases of SH and AJ is necessary to understand the High Court ruling. SH is a national of Syria. His wife and their three children, NH (born 31st May 2009), AH (born 24th April 2003) and ZH (born 29th April 2000) remain in Syria.
IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

SIGNIFICANT SUPREME COURT DECISION- REFUSAL TO ISSUE IRISH PASSPORT TO MINOR CHILD BORN IN IRELAND

The Supreme Court have delivered a very significant judgement in the case of U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors. U.M is a minor child, born in Ireland on 1st June 2013. UM’s father is a citizen of Afghanistan, who was granted a declaration of refugee status on 14th July 2006, having arrived in Ireland on 22nd April 2005. UM’s father in 2012 returned to Afghanistan and returned to the State at a time when his Stamp 4 registration had lapsed. His fingerprints were taken at Dublin airport and were found to match with the identity of another person, who had been refused refugee status in the United Kingdom in 2004. UM’s father subsequently received a decision from the Minister for Justice revoking his refugee status, on the basis that he had returned to Afghanistan and had not given truthful information in his asylum application. UM’s refugee status was revoked pursuant to the Minister’s powers under the now repealed Section 21(1) of the Refugee Act 1996. Under the International Protection Act 2015 revocation of refugee status must take place where various circumstances arise, the Minister no longer has a discretion as she did have under the 1996 Act. The 2015 Act also confirms the revocation will have prospective effect. UM’s father’s refugee status was revoked with effect from 31st August 2013. UM’s father did not appeal the Minister’s decision.

RECOMMENCEMENT OF CITIZENSHIP CEREMONIES

The first citizenship ceremony since early 2020 was recently held on the 20th June 2022 in Killarney, County Kerry. The in-person ceremonies were postponed for over two years due to Covid-19 restrictions. The ceremonies were temporarily replaced with the signing of a declaration of fidelity to the State. Berkeley Solicitors wishes to congratulate all those who have recently received their Irish Citizenship and we welcome the return of the citizenship ceremonies which allows the recipients to celebrate this occasion. If you or a family member has any queries regarding your immigration status please do not hesitate to contact us.

The Immigration Blog

EXTENSION OF 5-YEAR MULTI-ENTRY SHORT-STAY VISA OPTION TO ALL VISA REQUIRED COUNTRIES

EXTENSION OF 5-YEAR MULTI-ENTRY SHORT-STAY VISA OPTION TO ALL VISA REQUIRED COUNTRIES

On April 22nd 2022, the Minister for Justice, Helen McEntee TD, announced the extension of the 5-year, multi entry, short-stay visa option to all visa required countries. A multi entry visa permits the visa holder to travel to Ireland on a number of occasions during the dates shown on the visa. Prior to this, Ireland had offered 1 year, 2 year and 3-year multi entry visas. The option of a 5-year multi-entry visa was only available to Chinese passport holders; a measure which was introduced on the 1st of July 2019.

EXCLUSION OF UKRANIAN CITIZENS AND HOLDERS OF TEMPORARY PROTECTION FROM REGISTER OF NON-NATIONALS

It has now been five months since the Council Implementing Decision (EU) 2022/382 of the 4th March 2022 and since the Department of Justice commenced granting Temporary Protection for persons fleeing the conflict in Ukraine in accordance with Section 60 of International Protection Act of 2015. Currently, the Minister still has yet to open the Register of Non Nationals to Ukrainians and holders of temporary protection.

JUDGMENT ON FAMILY REUNIFICATION OF ADOPTED CHILDREN UNDER SECTION 56

On 22nd July 2022, Ms. Justice Donnelly of the Civil Court of Appeal delivered judgment in the case of H.A. v. The Minister for Justice. The Minister for Justice appealed to the Court of Appeal following the Judgment in favour of the applicant in the High Court. H.A. is a national of Somalia who was granted refugee status in the State by the Minister on 9th July 2019. On 11th June 2020, H.A. submitted a request for her husband, niece and nephew to join her in the State on the ground of family reunification under section 56 of the International Protection Act. H.A.’s request was granted for her husband and rejected for her niece and nephew.

EXCLUSION OF NON-EEA FISHERMEN FROM THE LONG-TERM RESIDENCE SCHEME

The Atypical Worker Permission Scheme for non-EEA fishers states the non-EEA migrants need an Irish work permit, visa or immigration permission to work on a fishing vessel that operates in or passes through Ireland’s territorial water or docks at an Irish port. To qualify for the scheme, a non-EEA fisherman must be directly employed by the holder of a sea-fishing boat license in Ireland for at least 12 months. To switch to a different sea-fishing employer, non-EEA fishermen must complete an online application form. This form takes at least 20 days to process with no guarantee of approval. A Government Task Force appointed to investigate the Atypical Working Scheme for non-EEA crew noted that the procedures in place for changing one’s employer on their fishing permit are not reliable in practice.

IRELAND SUSPENDS OPERATION OF EUROPEAN AGREEMENT ON THE ABOLITION OF VISAS FOR REFUGEES FOR 12 MONTHS

Ireland is a signatory to the European Agreement on the Abolition of Visas for Refugees and as part of this arrangement the holder of a Convention Travel Document issued by another contracting State is not subject to Irish visa requirements for short stays of up to 90 days and can request entry to Ireland for up to 90 days as a non-visa required person. The Government announced yesterday that Ireland’s temporary suspension of the Agreement will be notified to the Council of Europe.
IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

On 27th June 2022, Mr Justice Ferriter of the High Court gave judgment in the judicial review cases of SH and AJ. Both cases address the application of s.56 of the International Protection Act 2015. S.56(a)(d) of the International Protection Act 2015 states that the child of an applicant for family reunification must be under 18 years of age and unmarried at the time of application for family reunification. A basic understanding of the cases of SH and AJ is necessary to understand the High Court ruling. SH is a national of Syria. His wife and their three children, NH (born 31st May 2009), AH (born 24th April 2003) and ZH (born 29th April 2000) remain in Syria.
IMPORTANT HIGH COURT JUDGEMENT ON FAMILY REUNIFICATION RIGHTS OF REFUGEES

SIGNIFICANT SUPREME COURT DECISION- REFUSAL TO ISSUE IRISH PASSPORT TO MINOR CHILD BORN IN IRELAND

The Supreme Court have delivered a very significant judgement in the case of U.M ( a minor) v Minister for Foreign Affairs and Trade and Ors. U.M is a minor child, born in Ireland on 1st June 2013. UM’s father is a citizen of Afghanistan, who was granted a declaration of refugee status on 14th July 2006, having arrived in Ireland on 22nd April 2005. UM’s father in 2012 returned to Afghanistan and returned to the State at a time when his Stamp 4 registration had lapsed. His fingerprints were taken at Dublin airport and were found to match with the identity of another person, who had been refused refugee status in the United Kingdom in 2004. UM’s father subsequently received a decision from the Minister for Justice revoking his refugee status, on the basis that he had returned to Afghanistan and had not given truthful information in his asylum application. UM’s refugee status was revoked pursuant to the Minister’s powers under the now repealed Section 21(1) of the Refugee Act 1996. Under the International Protection Act 2015 revocation of refugee status must take place where various circumstances arise, the Minister no longer has a discretion as she did have under the 1996 Act. The 2015 Act also confirms the revocation will have prospective effect. UM’s father’s refugee status was revoked with effect from 31st August 2013. UM’s father did not appeal the Minister’s decision.

RECOMMENCEMENT OF CITIZENSHIP CEREMONIES

The first citizenship ceremony since early 2020 was recently held on the 20th June 2022 in Killarney, County Kerry. The in-person ceremonies were postponed for over two years due to Covid-19 restrictions. The ceremonies were temporarily replaced with the signing of a declaration of fidelity to the State. Berkeley Solicitors wishes to congratulate all those who have recently received their Irish Citizenship and we welcome the return of the citizenship ceremonies which allows the recipients to celebrate this occasion. If you or a family member has any queries regarding your immigration status please do not hesitate to contact us.