The Immigration Blog

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 UM’s refugee status was revoked pursuant to the Minister’s powers under the now repealed Section 21(1) of the Refugee Act 1996.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 UM’s father’s refugee status was revoked with effect from 31st August 2013.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.

FAILURE TO REGISTER TEMPORARY PROTECTION HOLDERS

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.

RE-ENTRY VISAS FOR CHILDREN UNDER 16 SUSPENDED UNTIL FURTHER NOTICE

In a notice published on the 14th June 2022 it was announced that the requirement to obtain a re-entry visa has been suspended indefinitely for children under 16. The notice states that children under 16 must be accompanied by a parent or guardian who hold legal residence permission in the State.

MINISTER FOR JUSTICE ANNOUNCES ARRANGEMENTS FOR THE RENEWAL AND REGISTRATION OF IMMIGRATION PERMISSIONS

For the first time since March 2020, the Minister for Justice has announced that immigration permissions that expired between March 2020 and May 2022 will no longer be automatically renewed. The Minister announced that the exemption from renewing is to end from the 31st May 2022.

DEPARTMENT OF JUSTICE PUBLISHES “NOTICE FOR EMPLOYERS- MAY 2022”

On 23rd May 2022, the Department of Justice published on their website a “Notice for Employers- May 2022” The notice relates to the Covid-19 temporary extensions of immigration permissions set to expire on the 31st May 2022. This temporary permission extension covers persons who have had their permission extended by any of the previous eight temporary extensions since March 2020. You can find our previous blog post regarding this extension here. The Department of Justice has announced that there are no plans to issue an extension beyond the 31st May 2022 but states that those covered by the extension are entitled to remain, reside and work in the State if their permission previously granted permitted them to do so.

CLIENTS OF BERKELEY SOLICITORS APPROVED CERTIFICATES OF NATIONALITY

Berkeley Solicitors would like to congratulate our clients and their minor children who were recently granted certificates of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956. The applicants were minor children who were born in the State but not entitled to citizenship at birth of any other country.

ELIGIBILITY FOR TEMPORARY PROTECTION

On the 9th March 2022, the Department of Justice published an information page on Temporary Protection for persons fleeing the conflict in Ukraine. It is indicated that the categories of persons eligible for temporary protection are as follows......

The Immigration Blog

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.

FAILURE TO REGISTER TEMPORARY PROTECTION HOLDERS

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.

RE-ENTRY VISAS FOR CHILDREN UNDER 16 SUSPENDED UNTIL FURTHER NOTICE

In a notice published on the 14th June 2022 it was announced that the requirement to obtain a re-entry visa has been suspended indefinitely for children under 16. The notice states that children under 16 must be accompanied by a parent or guardian who hold legal residence permission in the State.

MINISTER FOR JUSTICE ANNOUNCES ARRANGEMENTS FOR THE RENEWAL AND REGISTRATION OF IMMIGRATION PERMISSIONS

For the first time since March 2020, the Minister for Justice has announced that immigration permissions that expired between March 2020 and May 2022 will no longer be automatically renewed. The Minister announced that the exemption from renewing is to end from the 31st May 2022.

DEPARTMENT OF JUSTICE PUBLISHES “NOTICE FOR EMPLOYERS- MAY 2022”

On 23rd May 2022, the Department of Justice published on their website a “Notice for Employers- May 2022” The notice relates to the Covid-19 temporary extensions of immigration permissions set to expire on the 31st May 2022. This temporary permission extension covers persons who have had their permission extended by any of the previous eight temporary extensions since March 2020. You can find our previous blog post regarding this extension here. The Department of Justice has announced that there are no plans to issue an extension beyond the 31st May 2022 but states that those covered by the extension are entitled to remain, reside and work in the State if their permission previously granted permitted them to do so.

CLIENTS OF BERKELEY SOLICITORS APPROVED CERTIFICATES OF NATIONALITY

Berkeley Solicitors would like to congratulate our clients and their minor children who were recently granted certificates of nationality pursuant to Section 28 of the Irish Nationality and Citizenship Act 1956. The applicants were minor children who were born in the State but not entitled to citizenship at birth of any other country.

ELIGIBILITY FOR TEMPORARY PROTECTION

On the 9th March 2022, the Department of Justice published an information page on Temporary Protection for persons fleeing the conflict in Ukraine. It is indicated that the categories of persons eligible for temporary protection are as follows......