The Immigration Blog

INIS RELEASES 2018 ANNUAL REPORT: “IMMIGRATION IN IRELAND STATISTICS”

This annual release has once again highlighted the concerning increase in refusals of leave to land. INIS reports that 4797 persons were refused leave to land in the State meaning individuals were refused entry at the airport/border. This is an increase from the 3,746 persons refused entry into the state in 2017.

IMPORTANT JUDGEMENT RELATING TO PERMITTED FAMILY MEMBERS IN EU TREATY RIGHTS APPLICATIONS: AF AND AF V THE MINISTER FOR JUSTICE AND EQUALITY

Mr Justice Barrett delivered an important judgement on the 26th September 2019 in relation to permitted family members in EU Treaty Rights applications. We believe that this judgment will have an extremely positive impact on permitted family members for such applications. The High Court found that the Minister’s refusal of the application for an EU residence card for a dependent brother was unreasonable and to some extent irrational, and therefore quashed the Minister’s decision.

BRITISH CITIZENS AND THEIR FAMILY MEMBERS IN IRELAND- THE RIGHT TO RESIDE IN THE EVENT OF A NO-DEAL BREXIT

As previously highlighted on our blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit. Further information and clarification has been outlined on The European Commission’s website.

CHENCHOOLIAH V MINISTER FOR JUSTICE- IMPORTANT JUDGEMENT ON RIGHTS OF EU CITIZEN SPOUSES

The European Court of Justice has clarified the correct procedure for the spouses of EU citizens, whose EU citizen spouse has left Ireland and therefore have lost their right to reside under Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015 to have their right of residence considered by the Minister.

NEW PRE-CLEARANCE PROCESS FOR NON-EEA DE FACTO PARTNERS OF IRISH CITIZENS

Launched on the 19th of August 2019, this new process enables De Facto Partners of Irish nationals to apply for their permission to reside in Ireland prior to travelling, providing heightened certainty for those planning on moving home to Ireland with their De Facto Partners.

EFFECTS OF BREXIT FOR NON-EEA FAMILY MEMBERS OF UNION CITIZENS RESIDENCE IN IRELAND

On the 31st of October, the United Kingdom will leave the EU and become a third country unless a draft withdrawal agreement is ratified prior to this. Brexit has left many unanswered questions for Non-EU/EEA British citizen family members.

NEW ONLINE IMMIGRATION RENEWAL SYSTEM FOR DUBLIN-BASED STUDENTS

In order to support the increasing number of non-EEA students, a new online renewal immigration registration system has been established. Starting 26th August 2019, Dublin-based students from outside of Europe will be able to renew their immigration registration online without any additional fees. Nearly 8,000 students are expected to use the new online renewal system in the coming months.

IMPORTANT JUDGMENT ON DEPENDENCY EU TREATY RIGHTS CASES - THE KUHN AND KHAN CASES

The Court of Appeal has issued a highly important and long-awaited decision on the matter of dependency in favour of the Applicants in the cases of Khan and ors. v the Minister for Justice and Equality and K and ors. V the Minister for Justice and Law Reform and the Minister for Foreign Affairs. The decision is very significant for family members of EU citizens who have applications, or who have previously been refused applications, for visas or residence cards based on the fact that they are dependent on an EU citizen family member.

The Immigration Blog

INIS RELEASES 2018 ANNUAL REPORT: “IMMIGRATION IN IRELAND STATISTICS”

This annual release has once again highlighted the concerning increase in refusals of leave to land. INIS reports that 4797 persons were refused leave to land in the State meaning individuals were refused entry at the airport/border. This is an increase from the 3,746 persons refused entry into the state in 2017.

IMPORTANT JUDGEMENT RELATING TO PERMITTED FAMILY MEMBERS IN EU TREATY RIGHTS APPLICATIONS: AF AND AF V THE MINISTER FOR JUSTICE AND EQUALITY

Mr Justice Barrett delivered an important judgement on the 26th September 2019 in relation to permitted family members in EU Treaty Rights applications. We believe that this judgment will have an extremely positive impact on permitted family members for such applications. The High Court found that the Minister’s refusal of the application for an EU residence card for a dependent brother was unreasonable and to some extent irrational, and therefore quashed the Minister’s decision.

BRITISH CITIZENS AND THEIR FAMILY MEMBERS IN IRELAND- THE RIGHT TO RESIDE IN THE EVENT OF A NO-DEAL BREXIT

As previously highlighted on our blog, the family members of British citizens resident in Ireland on the basis of EU FAM Residence Cards have received recent correspondence outlining “transitional arrangements” will be put in place in the event of a no- deal Brexit. Further information and clarification has been outlined on The European Commission’s website.

CHENCHOOLIAH V MINISTER FOR JUSTICE- IMPORTANT JUDGEMENT ON RIGHTS OF EU CITIZEN SPOUSES

The European Court of Justice has clarified the correct procedure for the spouses of EU citizens, whose EU citizen spouse has left Ireland and therefore have lost their right to reside under Directive 2004/38/EC and the European Communities (Free Movement of Persons) Regulations 2015 to have their right of residence considered by the Minister.

NEW PRE-CLEARANCE PROCESS FOR NON-EEA DE FACTO PARTNERS OF IRISH CITIZENS

Launched on the 19th of August 2019, this new process enables De Facto Partners of Irish nationals to apply for their permission to reside in Ireland prior to travelling, providing heightened certainty for those planning on moving home to Ireland with their De Facto Partners.

EFFECTS OF BREXIT FOR NON-EEA FAMILY MEMBERS OF UNION CITIZENS RESIDENCE IN IRELAND

On the 31st of October, the United Kingdom will leave the EU and become a third country unless a draft withdrawal agreement is ratified prior to this. Brexit has left many unanswered questions for Non-EU/EEA British citizen family members.

NEW ONLINE IMMIGRATION RENEWAL SYSTEM FOR DUBLIN-BASED STUDENTS

In order to support the increasing number of non-EEA students, a new online renewal immigration registration system has been established. Starting 26th August 2019, Dublin-based students from outside of Europe will be able to renew their immigration registration online without any additional fees. Nearly 8,000 students are expected to use the new online renewal system in the coming months.

IMPORTANT JUDGMENT ON DEPENDENCY EU TREATY RIGHTS CASES - THE KUHN AND KHAN CASES

The Court of Appeal has issued a highly important and long-awaited decision on the matter of dependency in favour of the Applicants in the cases of Khan and ors. v the Minister for Justice and Equality and K and ors. V the Minister for Justice and Law Reform and the Minister for Foreign Affairs. The decision is very significant for family members of EU citizens who have applications, or who have previously been refused applications, for visas or residence cards based on the fact that they are dependent on an EU citizen family member.