STAMP 0 UPDATE

I refer to our blog posts that referred to confusion around the introduction of Stamp 0. As previously noted, we wrote to the Department in order to seek express clarification in this regard and I am happy to confirm we have received a helpful response.

The letter notes that Stamp 0 has no provision in the Irish Nationality and Citizenship Act 1956 (as amended). However, this also means that the permission is not amongst the express exclusions for eligibility for citizenship by naturalisation and is thus ‘not excluded from reckonability’. It is further stated in the letter that naturalisation is a discretionary determination, which is why INIS has sought to ‘dampen expectations that Stamp 0 would lead to citizenship, and it is being granted on the basis that naturalisation would not be the probable outcome’. 

However, as with any resident who is granted reckonable permission, anyone within the state on stamp 0 permission is entitled to apply and have their case decided by the Minister on their own merits, in a manner identical to that of all such applications. 

Our arguments in respect of the confusion and lack of clarification on the INIS website in this regard have been accepted and furthermore assurance has been provided that this issue will be addressed shortly. 

Therefore, it has been established that Stamp 0 is accountable in respect of reckonable residency, and all naturalisation applications on the basis of this permission will be determined within the Minister’s discretion, as is the standard procedure with all naturalisation applications.

Naomi Pollock

Brophy Solicitors

UPDATE - GOOD NEWS ON WORK PERMIT APPLICATION

Many clients have attended our offices recently and expressed concern about how difficult it is to secure a work permit at present. We are pleased to report however that we recently received another positive decision in a work permit application. 

Our client has been in the State since 20007 and has resided as a student on Stamp 2 permission. Our client had made two previous applications for a work permit that had been rejected partly on the basis that the proposed job was not suitable and did not fit within the work permit criteria. Our client is extremely well-qualified however and with our advice, was able to show that the job offer did fit within the criteria and he was indeed eligible. 

The key to success in this and other recent cases we have dealt with is ensuring that the applicant provides sufficient supporting documentation and squarely addresses any issues arising in the previous applications that have been refused. 

Our client is extremely pleased with the outcome as is his employer, who believes the particular skills and experience of his new employee will help grow the business and create more employment in the future.

Rebecca Keatinge

Brophy Solicitors

THE URGENT NEED FOR REFORM OF DIRECT PROVISION SYSTEM

With significant immigration reform promised for 2014, most specifically with respect to the Immigration, Residence, and Protection Bill, many have called for changes to the State’s direct provision system. Direct provision is a system designed to provide for the welfare of asylum seekers and their families on a “no choice” basis while awaiting application decisions. Composed of a monitored network of institutional buildings, local hostels, hotels, and guest houses, direct provision provides room and board, medial care, and a nominal personal allowance for asylum seekers and their families. 

The system was originally instated in April of 2000 and aimed to house asylum seekers for approximately 6 months while their application was processed. Today, however, most spend between three to seven years in direct provision, most often in accommodation that were never meant for long term living. With 35 centres spread across the country, living conditions vary, however most require shared housing for single applicants, single rooms for families, and scheduled meals three times a day. They also prohibit applicants from seeking work and provide little integration support in the form of psychological aid, education, and legal support.

With many asylum seekers now spending lengthy periods of time living under these circumstances, critics have focused primarily on the systems impact on the mental and physical well being of both applicants and their families, most especially with respect to children. Growing up in this institutionalized setting, children are provided little space to play, minimal stimulation, deprived of family meal times, and given little opportunity to integrate into a community or educational setting with children their age. The mental health of adults is of similar concern, as they are essentially forced to remain idle throughout their time in direct provision and given little opportunity or means to integrate into society.

In responding to these issues, the Irish Refugee Council has called for a series of reforms to the direct provision system including:

• Creation of a non-profit centre providing essential psychological and legal services for this vulnerable population
• Appropriate accommodations with respect to family life
• A system that embodies the best interest of the child
• A system that identifies and properly supports individuals with special needs and vulnerabilities
• Availability of legal advise
• Independent companies and inspection mechanisms
• Transfer to independent living within a maximum of 6 months
• Healthcare
• Right to work

Many of these reforms are required by the EU Reception Conditions Directive (2003) which ensured access to housing, food, healthcare, employment, medical and psychological care for asylum seekers. While Ireland chose not to sign up to this Directive, the Irish Refugee Council argues that Ireland is held accountable to many of these standards by various EU provisions and emphasizes Ireland’s international obligations most specifically with respect to human rights.

While the Irish Refugee Council acknowledges that these changes cannot occur over night and encourages steps to be taken over time, it aims to have these reforms addressed and implemented in the promised 2014 Immigration, Residence, and Protection Act.

ADDITION OF THAILAND TO THE IRISH SHORT-STAY VISA WAIVER PROGRAMME

Beginning 18 November 2013, citizens of Thailand were permitted to avail of the Irish Short-stay Visa Waiver Programme. Initiated to promote tourism from emerging markets in July 2011, the Programme has since achieved significant economic success in attracting increasing numbers of visitors to Ireland, a success that it hopes to continue with the addition of Thailand to the list of countries covered by the scheme. 

The Irish Short-stay Visa Waiver Programme allows visitors or business people from 17 countries who have lawfully entered the UK, on a valid UK visa, to travel to Ireland without the requirement of obtaining an Irish visa. The minister notes that while well over 500,000 Thais visited Europe in 2012, with about 140,000 going to the UK, less than 6,000 came to Ireland. By removing the Visa requirement, the Minister hopes to capitalize on this market in working to attract increasing numbers of Thai tourists and 

business people.

This endeavour is also further supported by continued efforts to work with UK counterparts on developing reciprocal visa arrangements for the Common Travel Area. The end goal of these arrangements is to establish a “system whereby only one visa is required to travel to and around the Common Travel Area.”

SUBSIDIARY PROTECTION – UPDATE ON THE IMPLEMENTATION OF THE NEW PROCEDURE

The processing of all existing and future subsidiary protection applications was transferred from Minister for Justice & Equality to the Office of the Refugee Applications Commissioner (ORAC) under Statutory Instrument No 426 of 2013, the European Union (Subsidiary Protection) Regulations 2013. This involved the creation of a new determination process, which includes a second interview. Previously the application was judged on the interview with the applicant during the asylum applications, which lead to many issues in respect of fair procedure, including credibility.

For a comprehensive break down of the new determination process, please see the following information chart provided by the UNHCR: http://www.unhcr.ie/news/irish-story/subsidiary-protection-what-you-need-to-know

As January 2014 drew to a close, clients have attended interviews administrated by ORAC in respect of their subsidiary cases.

We have been informed that the format is very similar to the interviews at the asylum stage. Clients have been told that they should expect to receive a decision in respect of their applications in a month’s time.

As many applicants have been within the subsidiary protection procedure for periods extending beyond even 5 years, being finally provided with an estimated time frame regarding the determination of their case, within the near future, is greatly welcomed.

Naomi Pollock

Brophy Solicitors

REVOCATION OF IRISH CITIZENSHIP

We have been working on a number of cases involving the proposed revocation of Irish citizenship in the recent months.

As of 2012, the Minister stated that for the period 2002-2012, there had been no cases where a Certificate of Naturalisation was revoked by either he or his predecessors. While no further numbers have since been released, an article published in the Metro Eireann in February of 2013 notes that the Department informed them of an unspecified number of cases being considered under the revocation provisions of the Irish Nationality and Citizenship Act 1956 and that some or all of the cases could result in the revocation of the certificate of Naturalisation in 2013. (http://metroeireann.com/article/citizenship-on-the-line,3541)

Basis for Revocations of Irish Citizenship:

The Irish Nationality and Citizenship Act, 1956, section 19, states the Minister may revoke a certificate of naturalisation if he is satisfied:

a) You obtained it through fraud, misrepresentation or concealment of material facts or circumstances 

b) You have, through an overt act, failed in your duty of fidelity to the nation and loyalty to the State 

c) You were ordinarily resident outside Ireland (other than in public service) for a continuous period of 7 years and, without a reasonable excuse, did not register your name and a declaration of your intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister for Justice and Equality on an annual basis

d) You are also, under the law of a country at war with the State, a citizen of that country 

e) You have, by any other voluntary act other than marriage or registration of civil partnership, acquired citizenship of another country 

This section further states, before revocation of a certificate of naturalisation, the Minister will inform the person in advance of his intention to revoke the certificate, stating the grounds and the right of that person to apply to the Minister for an inquiry as to the reasons for revocation. On application for an inquiry, the Minister will refer the case to a Committee of Inquiry who will report their findings to the Minister. A notice of revocation of one’s certificate of naturalisation will be published in Iris Oifigiuil (Ireland’s official State Gazette).

Form 5-Declaration of Intention to Retain Irish Citizenship by a Naturalised Irish Citizen Residing Outside Ireland

Of particular importance is point c) – i.e for those naturalized persons outside the State, who have failed to register their name and a declaration of their intention to retain Irish citizenship, become liable for revocation after having been ordinarily a resident outside Ireland for a continuous period of 7 years. Thus, in order to retain citizenship under these circumstances, it is essential to complete Form 5, prior to the end of one’s 7 year period. Failure to complete this form could result in revocation of one’s citizenship. **Please note that there is a new version of this form, updated January 2014, available on the INIS website (http://www.inis.gov.ie/en/INIS/Form%205%20%28Ver%205.0%20Jan%202014%29.pdf/Files/Form%205%20%28Ver%205.0%20Jan%202014%29.pdf)

Karen Berkeley 

Brophy Solicitors