The Immigration Blog

REFUSALS OF LEAVE TO LAND

The recent news of a Brazilian woman who was detained overnight in Mountjoy Prison by Garda immigration officers has created waves of outcry from opposition politicians and members of the public. Paloma Aparezida Silva-Carvalho (24) was detained upon arrival in Dublin Airport on 18th July, despite the fact she was non visa required, she had proof of return flights home, and there was no obvious reason for the decision to refuse her leave to land.   Ms Silva-Carvalho was visiting Ireland on holidays, to stay with a Galway family with whom she had worked as an au pair.

DIPLOMATIC RELATIONSHIP (MISC ) BILL 2017

The Dáil debates regarding the Diplomatic Relations (Misc) Bill 2017 have reached their second stage of talks. The Bill purports to amend the Diplomatic Relations and Immunities Act 1967, as well as to enhance the clarity of various arrangements with respect to the staff of diplomatic missions and international organisations.

BAN ON VISAS FOR LIBYAN NATIONALS IN IRELAND

While Trump’s ‘Travel Ban’ may have made international headlines and drawn widespread criticism, Minister for Justice Frances Fitzgerald’s severe restrictions on Libyan nationals obtaining permission to enter Ireland has somehow escaped such public exposure and condemnation.

POLYGAMOUS MARRIGES IN IRELAND – THE CASE OF H.A.H AND S.A.A

On 15th June 2017, the Supreme Court case of H.A.H v S.A.A and Others ruled that the first marriage of a Lebanese man with two wives would be held as valid under Irish law, while his second marriage and all potentially subsequent marriages would not be legally recognised. The appeal followed from the case’s previous ruling in the High Court in 2010 which held that polygamous marriages were incompatible with the understanding of marriage in Ireland and in the Irish Constitution, and were thus entirely invalid.

UPDATE ON CONTINUED DELAYS IN PROCESSING OF VISAS FOR FAMILY MEMBERS OF EU CITIZENS

There are long and continued delays in the processing of visas for the family members of EU Citizens pursuant to Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. We have highlighted this issue on our blog on several previous occasions.

SUPREME COURT RULING ON THE RIGHT TO WORK FOR ASYLULM SEEKERS

On Tuesday the 30th May 2017, The Supreme Court ruled in favour of a Burmese man’s appeal over the legal ban preventing him from working or seeking employment while under asylum seeker status. This is major depart from the current legislative position that prevents asylum seekers from working while they are in the asylum process.

CHANGE TO CRITERIA FOR RESIDENCY PERMISSION FOR DE FACTO PARTNERS OF IRISH CITIZENS

The INIS have altered the eligibility criteria for applications for residency for the de facto partners of Irish citizens. Applicants are now required to have cohabited together with their Irish citizen partner for a period of one year. This has been reduced from the previous two year requirement. A new application form has also been published and is now to be used when making the de facto residency permission application. The application form includes statutory declarations to be sworn by the applicant, the Irish citizen and a supporting witness. The application form and a guidance note can be found on the INIS web page. If you have queries or wish to submit an application for residency permission on as the partner of an Irish citizen do not hesitate to contact the office.

UPDATE ON THE CASE OF MAHMOOD AND ATIF AND CONTINUED DELAYS IN THE PROCESSING OF VISA APPLICATIONS FOR FAMILY MEMBERS OF EU CITIZENS

We have written on our blog previously about the case of Mahmood and Atif v Minister for Justice and Equality, the judgment of the High Court issued on 14th October 2016. It is our understanding that this ruling of the High Court has been appealed to the Court of Appeal by the Respondent. We note that this case is to be mentioned before the Court of Appeal in late March 2017, to be given a date for hearing of the appeal. We understand that the Respondent has sought a stay on the High Court order that the visa applications in this case are processed within a six-week period. It is understanding that the Court of Appeal has refused to grant such an order. We hope that a decision in the Mahmood and Atif case is issued to the applicants within the time frame ordered by the High Court in these circumstances. We note that the Court of Appeal may go on to consider the appeal application in Mahmood and Atif on the principles raised by the case. Our clients still continue to experience unreasonable and unlawful delays in the processing of visas for their family members under Directive 2004/38/EC and The European Communities (Free Movement of Persons) Regulations 2015 and we submit that such delays are inexcusable and unjustifiable. If you or your family are impacted by these issues or similar issues, please do not hesitate to contact us to discuss this in more detail.

The Immigration Blog

REFUSALS OF LEAVE TO LAND

The recent news of a Brazilian woman who was detained overnight in Mountjoy Prison by Garda immigration officers has created waves of outcry from opposition politicians and members of the public. Paloma Aparezida Silva-Carvalho (24) was detained upon arrival in Dublin Airport on 18th July, despite the fact she was non visa required, she had proof of return flights home, and there was no obvious reason for the decision to refuse her leave to land.   Ms Silva-Carvalho was visiting Ireland on holidays, to stay with a Galway family with whom she had worked as an au pair.

DIPLOMATIC RELATIONSHIP (MISC ) BILL 2017

The Dáil debates regarding the Diplomatic Relations (Misc) Bill 2017 have reached their second stage of talks. The Bill purports to amend the Diplomatic Relations and Immunities Act 1967, as well as to enhance the clarity of various arrangements with respect to the staff of diplomatic missions and international organisations.

BAN ON VISAS FOR LIBYAN NATIONALS IN IRELAND

While Trump’s ‘Travel Ban’ may have made international headlines and drawn widespread criticism, Minister for Justice Frances Fitzgerald’s severe restrictions on Libyan nationals obtaining permission to enter Ireland has somehow escaped such public exposure and condemnation.

POLYGAMOUS MARRIGES IN IRELAND – THE CASE OF H.A.H AND S.A.A

On 15th June 2017, the Supreme Court case of H.A.H v S.A.A and Others ruled that the first marriage of a Lebanese man with two wives would be held as valid under Irish law, while his second marriage and all potentially subsequent marriages would not be legally recognised. The appeal followed from the case’s previous ruling in the High Court in 2010 which held that polygamous marriages were incompatible with the understanding of marriage in Ireland and in the Irish Constitution, and were thus entirely invalid.

UPDATE ON CONTINUED DELAYS IN PROCESSING OF VISAS FOR FAMILY MEMBERS OF EU CITIZENS

There are long and continued delays in the processing of visas for the family members of EU Citizens pursuant to Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015. We have highlighted this issue on our blog on several previous occasions.

SUPREME COURT RULING ON THE RIGHT TO WORK FOR ASYLULM SEEKERS

On Tuesday the 30th May 2017, The Supreme Court ruled in favour of a Burmese man’s appeal over the legal ban preventing him from working or seeking employment while under asylum seeker status. This is major depart from the current legislative position that prevents asylum seekers from working while they are in the asylum process.

CHANGE TO CRITERIA FOR RESIDENCY PERMISSION FOR DE FACTO PARTNERS OF IRISH CITIZENS

The INIS have altered the eligibility criteria for applications for residency for the de facto partners of Irish citizens. Applicants are now required to have cohabited together with their Irish citizen partner for a period of one year. This has been reduced from the previous two year requirement. A new application form has also been published and is now to be used when making the de facto residency permission application. The application form includes statutory declarations to be sworn by the applicant, the Irish citizen and a supporting witness. The application form and a guidance note can be found on the INIS web page. If you have queries or wish to submit an application for residency permission on as the partner of an Irish citizen do not hesitate to contact the office.

UPDATE ON THE CASE OF MAHMOOD AND ATIF AND CONTINUED DELAYS IN THE PROCESSING OF VISA APPLICATIONS FOR FAMILY MEMBERS OF EU CITIZENS

We have written on our blog previously about the case of Mahmood and Atif v Minister for Justice and Equality, the judgment of the High Court issued on 14th October 2016. It is our understanding that this ruling of the High Court has been appealed to the Court of Appeal by the Respondent. We note that this case is to be mentioned before the Court of Appeal in late March 2017, to be given a date for hearing of the appeal. We understand that the Respondent has sought a stay on the High Court order that the visa applications in this case are processed within a six-week period. It is understanding that the Court of Appeal has refused to grant such an order. We hope that a decision in the Mahmood and Atif case is issued to the applicants within the time frame ordered by the High Court in these circumstances. We note that the Court of Appeal may go on to consider the appeal application in Mahmood and Atif on the principles raised by the case. Our clients still continue to experience unreasonable and unlawful delays in the processing of visas for their family members under Directive 2004/38/EC and The European Communities (Free Movement of Persons) Regulations 2015 and we submit that such delays are inexcusable and unjustifiable. If you or your family are impacted by these issues or similar issues, please do not hesitate to contact us to discuss this in more detail.