The Immigration Blog

REGISTRATION WITH THE IRISH NATURALISATION AND IMMIGRATION SERVICE

If you are not an-EU/EEA and non-Swiss citizen and you wish to stay in Ireland for a period longer than 90 days you must apply for immigration permission and if successful register. For those who do not know there are a variety of categories under which immigration permission can be requested. The most common of which being to study, to work or to live with your spouse, partner, child or family member.

DEPENDENCY IN EU FREE MOVEMENT LAW – THE KHAN CASE

Berkeley Solicitors is acting for a number of applicants who currently have Judicial Review proceedings pending in the High Court challenging decisions of the Minister for Justice and Equality to refuse residence cards pursuant to to Directive 2004/38EC and the European Communities (Free Movement of Persons) Regulations 2015.

HUMANITARIAN ADMISSION PROGRAMME (IHAP) NOW OPEN FOR APPLICATIONS

The Humanitarian Admission Programme 2, also known as “IHAP” allows naturalised Irish citizens, programme refugees, persons with Convention refugee status, and subsidiary protection status to apply for immediate eligible family members to join them in the State between May 14th 2018 and 30th June 2018. The scheme will therefore be closed on the 30th June 2018. Up to 530 vulnerable family members will qualify for admission under the scheme. Beneficiaries accepted under the IHAP receive Programme Refugee Status from the Minister under the Irish Refugee Protection Programme.

LUXIMON CASE: SUPREME COURT’S JUDGEMENT

Berkeley Solicitors is happy to announce that the Irish Supreme Court has delivered its judgment in the cases of Luximon v Minister for Justice and Equality and Balchand v Minister for Justice and Equality. These proceedings where both appealed from the Court of Appeal by the Minister for Justice and Equality. The outcome of this case is one that potentially affects a large number of our clients, and we note that this judgement is a positive judgement for many non-EEA persons resident in Ireland

FAMILY REUNIFICATION FOR NATURALIZED REFUGEES

On the 26th February 2018, Mr Justice Humphries delivered his judgement in the three test cases concerning the Minister of Justice and Equality’s recent decisions to refuse family reunification to naturalized refugees.

IRELAND COMMENCES RATIFICATION PROCESS OF THE UN CONVENTION ON DISABILITY RIGHTS

On the 7th March 2018, the Dail has commenced the process of ratification of the UN Convention of the Rights of Persons with Disabilities 2006, following the enactment of the Disability (Miscellaneous Provisions) Bill 2016. The Tánaiste and Minister for Foreign Affairs Simon Coveney will be signing the Instrument of Ratification, which will come into force 30 days after it is received by the UN. Ireland will be the last member of the EU to ratify the 2006 Convention, despite having signed the framework in 2007.

REDUCTION IN SUCCESSFUL HUMANITARIAN APPLICATIONS

The past two years have seen a steep drop in the rate of successful humanitarian applications in the State. While 2015 saw a 60% rise in the granting of leave to remain over one year (Holland, 2015) the introduction of the International Protection Act, 2015 has seen the rate of humanitarian leave granted plummet to only 163 people in 2017, down from 465 in 2016 and 1,201 in 2015 (Power, 2018). The Leave to Remain process is explained by the McMahon report (Department of Justice, 2015) as follows;

WORKPLACE RELATIONS COMMISSION CASE CONCERNING THE EMPLOYMENT RIGHTS OF AU PAIRS: McCORMACK v GENEROSO

The case in question concerns an appeal by the employers, Ms Bernardine & Thomas McCormack against the Decision of an Adjudication Officer in the Labour Court. Facts of the Case: The AU pair in this case, a Brazilian national, came to Ireland on a Stamp 2 visa for the purpose of learning English. This Stamp 2 allowed her to work a maximum of 20 hours a week during term time, and 40 hours outside of term time. She was hired as an AU pair by the employers, Mr and Ms McCormack in February 2016. Ms Generoso was paid €150 a week and was provided with bed and lodgings. Ms Generoso’s effective hourly rate was €2.78 per hour.

The Immigration Blog

REGISTRATION WITH THE IRISH NATURALISATION AND IMMIGRATION SERVICE

If you are not an-EU/EEA and non-Swiss citizen and you wish to stay in Ireland for a period longer than 90 days you must apply for immigration permission and if successful register. For those who do not know there are a variety of categories under which immigration permission can be requested. The most common of which being to study, to work or to live with your spouse, partner, child or family member.

DEPENDENCY IN EU FREE MOVEMENT LAW – THE KHAN CASE

Berkeley Solicitors is acting for a number of applicants who currently have Judicial Review proceedings pending in the High Court challenging decisions of the Minister for Justice and Equality to refuse residence cards pursuant to to Directive 2004/38EC and the European Communities (Free Movement of Persons) Regulations 2015.

HUMANITARIAN ADMISSION PROGRAMME (IHAP) NOW OPEN FOR APPLICATIONS

The Humanitarian Admission Programme 2, also known as “IHAP” allows naturalised Irish citizens, programme refugees, persons with Convention refugee status, and subsidiary protection status to apply for immediate eligible family members to join them in the State between May 14th 2018 and 30th June 2018. The scheme will therefore be closed on the 30th June 2018. Up to 530 vulnerable family members will qualify for admission under the scheme. Beneficiaries accepted under the IHAP receive Programme Refugee Status from the Minister under the Irish Refugee Protection Programme.

LUXIMON CASE: SUPREME COURT’S JUDGEMENT

Berkeley Solicitors is happy to announce that the Irish Supreme Court has delivered its judgment in the cases of Luximon v Minister for Justice and Equality and Balchand v Minister for Justice and Equality. These proceedings where both appealed from the Court of Appeal by the Minister for Justice and Equality. The outcome of this case is one that potentially affects a large number of our clients, and we note that this judgement is a positive judgement for many non-EEA persons resident in Ireland

FAMILY REUNIFICATION FOR NATURALIZED REFUGEES

On the 26th February 2018, Mr Justice Humphries delivered his judgement in the three test cases concerning the Minister of Justice and Equality’s recent decisions to refuse family reunification to naturalized refugees.

IRELAND COMMENCES RATIFICATION PROCESS OF THE UN CONVENTION ON DISABILITY RIGHTS

On the 7th March 2018, the Dail has commenced the process of ratification of the UN Convention of the Rights of Persons with Disabilities 2006, following the enactment of the Disability (Miscellaneous Provisions) Bill 2016. The Tánaiste and Minister for Foreign Affairs Simon Coveney will be signing the Instrument of Ratification, which will come into force 30 days after it is received by the UN. Ireland will be the last member of the EU to ratify the 2006 Convention, despite having signed the framework in 2007.

REDUCTION IN SUCCESSFUL HUMANITARIAN APPLICATIONS

The past two years have seen a steep drop in the rate of successful humanitarian applications in the State. While 2015 saw a 60% rise in the granting of leave to remain over one year (Holland, 2015) the introduction of the International Protection Act, 2015 has seen the rate of humanitarian leave granted plummet to only 163 people in 2017, down from 465 in 2016 and 1,201 in 2015 (Power, 2018). The Leave to Remain process is explained by the McMahon report (Department of Justice, 2015) as follows;

WORKPLACE RELATIONS COMMISSION CASE CONCERNING THE EMPLOYMENT RIGHTS OF AU PAIRS: McCORMACK v GENEROSO

The case in question concerns an appeal by the employers, Ms Bernardine & Thomas McCormack against the Decision of an Adjudication Officer in the Labour Court. Facts of the Case: The AU pair in this case, a Brazilian national, came to Ireland on a Stamp 2 visa for the purpose of learning English. This Stamp 2 allowed her to work a maximum of 20 hours a week during term time, and 40 hours outside of term time. She was hired as an AU pair by the employers, Mr and Ms McCormack in February 2016. Ms Generoso was paid €150 a week and was provided with bed and lodgings. Ms Generoso’s effective hourly rate was €2.78 per hour.