The Immigration Blog

Supreme Court to make a reference to the CJEU in Subhan and Ali test case

COURT OF APPEAL JUDGMENT ON MEMBERSHIP OF THE SAME HOUSEHOLD IN EU TREATY RIGHTS CASES

On the 19th December 2019, the Court of Appeal delivered its judgment in the case of Subhan and Ali v the Minister for Justice and Equality. The central issue before the Court of Appeal was the meaning of the term ‘household of the Union Citizen’ for the purposes of the Citizens’ Directive. Ms Justice Baker ultimately upheld the decision of the High Court in finding that the criterion of ‘membership of the same household’ is not simply established where family members live under the same roof. Rather, members of the household of the Union citizen must be those persons who are some way central to the family life of the Union citizen.
IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

FURTHER DECISION ISSUED IN WHICH MINISTER RETROSPECTIVELY AMENDS STAMP 2 A PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT

Berkeley Solicitors has received a second decision in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission.

2,000 PEOPLE FROM OVER 100 COUNTRIES CONFERRED WITH IRISH CITIZENSHIP

Congratulations to the almost 2,000 people who were conferred with Irish citizenship at ceremonies in Co. Kerry on Monday 9th December 2019. We especially wish to congratulate a number of our clients who have recently received positive naturalisation decisions.

RETROSPECTIVE AMENDMENT OF STAMP 2 A RESIDENCE PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT, REPRESENTED BY BERKELEY SOLICITORS

Berkeley Solicitors has recently received a significant decision in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission for a number of years. We believe that this is an extremely important and highly positive precedent for others who may have been issued the wrong residence permissions and confirms that, if appropriate, the Department of Justice and Equality can back date residence permission retrospectively.
REFUSAL OF NATURALISATION APPLICATION ON GOOD CHARACTER GROUNDS OVERTURNED BY HIGH COURT

HIGH COURT DECISION ON 12 MONTH TIME LIMIT FOR REFUGEE FAMILY REUNIFICATION

On 29th October 2019, Mr Justice Humphreys delivered his judgement in I.I (Nigeria) v Minister for Justice and Equality in relation to the 12-month time limit to apply for Family Reunification under Section 56(8) of the International Protection Act 2015. The high court judge found in favour of the State.

COURT OF APPEAL JUDGEMENT IN THE JONES CASE

The Court of Appeal have delivered their much-awaited judgement today in the case of Jones v Minister for Justice and Equality. Applications for naturalisation have been on hold since a judgement from the High Court in July 2019. In dealing with the High Court’s finding the Court of Appeal held that this was not a correct interpretation of Section 15 of the Irish Nationality and Citizenship Act 1956 (as amended).

THE PROBLEM WITH STAMP 3 IMMIGRATION PERMISSION

Our office continues to meet clients whose lives are severely negatively impacted by holding Stamp 3 permission. Persons on Stamp 3 immigration permission are restricted from taking up employment or working in Ireland. Many adults, who wish to work and integrate into Ireland are prevented from doing so unless their area of expertise or work experience leaves the option of an employment permit open to them. However, the vast majority of occupations are ineligible for employment permits.

PROPOSED CHANGES TO IRISH EMPLOYMENT PERMIT SYSTEM

The general scheme of the Employment Permits (Consolidation and Amendment) Bill 2019 has been published. The aim of the Bill is to consolidate existing legislation, as the Government believes any further amendment to the existing Employment Permit Acts 2003-2014 would significantly increase the complexity of the current system. Major changes proposed by the Bill including streamlining the processes for ‘trusted partner’ and renewal applications, and making the system more agile and easier to modify to meet changing economic circumstances, technological advances and process changes as they arise.

The Immigration Blog

Supreme Court to make a reference to the CJEU in Subhan and Ali test case

COURT OF APPEAL JUDGMENT ON MEMBERSHIP OF THE SAME HOUSEHOLD IN EU TREATY RIGHTS CASES

On the 19th December 2019, the Court of Appeal delivered its judgment in the case of Subhan and Ali v the Minister for Justice and Equality. The central issue before the Court of Appeal was the meaning of the term ‘household of the Union Citizen’ for the purposes of the Citizens’ Directive. Ms Justice Baker ultimately upheld the decision of the High Court in finding that the criterion of ‘membership of the same household’ is not simply established where family members live under the same roof. Rather, members of the household of the Union citizen must be those persons who are some way central to the family life of the Union citizen.
IMMIGRATION IN IRELAND STATISTICS MID-TERM REVIEW

FURTHER DECISION ISSUED IN WHICH MINISTER RETROSPECTIVELY AMENDS STAMP 2 A PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT

Berkeley Solicitors has received a second decision in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission.

2,000 PEOPLE FROM OVER 100 COUNTRIES CONFERRED WITH IRISH CITIZENSHIP

Congratulations to the almost 2,000 people who were conferred with Irish citizenship at ceremonies in Co. Kerry on Monday 9th December 2019. We especially wish to congratulate a number of our clients who have recently received positive naturalisation decisions.

RETROSPECTIVE AMENDMENT OF STAMP 2 A RESIDENCE PERMISSION TO STAMP 3 FOR SPOUSE OF PHD STUDENT, REPRESENTED BY BERKELEY SOLICITORS

Berkeley Solicitors has recently received a significant decision in which the Department of Justice and Equality has agreed to retrospectively amend Stamp 2A permission, incorrectly assigned to our client, to Stamp 3 immigration permission for a number of years. We believe that this is an extremely important and highly positive precedent for others who may have been issued the wrong residence permissions and confirms that, if appropriate, the Department of Justice and Equality can back date residence permission retrospectively.
REFUSAL OF NATURALISATION APPLICATION ON GOOD CHARACTER GROUNDS OVERTURNED BY HIGH COURT

HIGH COURT DECISION ON 12 MONTH TIME LIMIT FOR REFUGEE FAMILY REUNIFICATION

On 29th October 2019, Mr Justice Humphreys delivered his judgement in I.I (Nigeria) v Minister for Justice and Equality in relation to the 12-month time limit to apply for Family Reunification under Section 56(8) of the International Protection Act 2015. The high court judge found in favour of the State.

COURT OF APPEAL JUDGEMENT IN THE JONES CASE

The Court of Appeal have delivered their much-awaited judgement today in the case of Jones v Minister for Justice and Equality. Applications for naturalisation have been on hold since a judgement from the High Court in July 2019. In dealing with the High Court’s finding the Court of Appeal held that this was not a correct interpretation of Section 15 of the Irish Nationality and Citizenship Act 1956 (as amended).

THE PROBLEM WITH STAMP 3 IMMIGRATION PERMISSION

Our office continues to meet clients whose lives are severely negatively impacted by holding Stamp 3 permission. Persons on Stamp 3 immigration permission are restricted from taking up employment or working in Ireland. Many adults, who wish to work and integrate into Ireland are prevented from doing so unless their area of expertise or work experience leaves the option of an employment permit open to them. However, the vast majority of occupations are ineligible for employment permits.

PROPOSED CHANGES TO IRISH EMPLOYMENT PERMIT SYSTEM

The general scheme of the Employment Permits (Consolidation and Amendment) Bill 2019 has been published. The aim of the Bill is to consolidate existing legislation, as the Government believes any further amendment to the existing Employment Permit Acts 2003-2014 would significantly increase the complexity of the current system. Major changes proposed by the Bill including streamlining the processes for ‘trusted partner’ and renewal applications, and making the system more agile and easier to modify to meet changing economic circumstances, technological advances and process changes as they arise.