• Aaron Flynn

Immigration round-up Ireland July and August

These are the latest developments in Ireland since my last update in June.



Work Permits


Processing times as at 3 September are:


  • 2 weeks for Trusted Partner applications

  • 4 weeks for Standard applications

Meat Processing Operatives


The Employment Permits (Amendment) (No. 2) Regulations 2018, Statutory Instrument No. 163 of 2018, set a maximum quota of 1,500 General Employment Permits for Meat Processing Operatives, quota increased by 1,000 on 1/1/20


This quota has been filled.


Deboners


The Employment Permits Regulations 2017, Statutory Instrument No. 333 of 2019, set a maximum quota of 300 General Employment Permits for Meat Deboners.


There are a very limited number of Employment Permits available before the quota is filled.


Immigration


The Dublin area Registration Office at Burgh Quay has re-opened for first-time registrations with effect from 24 August, by appointment. All appointments which have been issued for a date on or after 24 August will be honoured, and the office will operate with strict social distancing measures in place to protect our staff and customers.


The Registration Offices outside Dublin (previously opened) also reopened on 24 August 2020. Appointments issued for a date after this will proceed with social distancing measures in place.


All renewals in the Dublin area are now being processed online only and the system has been available for all applicants since 20 July 2020 at https://inisonline.jahs.ie, and renewal applications will continue to be accepted and processed. Changes of permission can also be effected by this online process though the system does not appear to be set up to accept such applications. The system suggests only renewals in 30 days of expiry can be renewed but Immigration Service Delivery has confirmed to me changes in permission (such as Stamp 1G to Stamp 1) can also be changed in this manner.


Another fantastic addition to online processing is that Atypical Working Scheme applications can now be submitted online at https://inisonline.jahs.ie.

The online process applies to Medical, Clinical Adaptation, Fishing Fleet, 3rd Level Student Placements and Internships, Researcher, Entertainment Industry, and Contract Service Provider or ICT applicants. Unfortunately the documentary requirements are stated as:


'All documents submitted must be ink-signed (signed with a pen) and scanned or photographed documents can be accepted in PDF, PNG or JPEG format. Digitally inserted signatures will not be accepted. All documents must be of good enough quality to

be legible by processing staff. '


It is unclear why an online process is seeking ink-signed documents as it would appear to be contrary to the process of itself and in my view all online processes should dispense with the requirement for traditional wet signature based documents if possible.


Judgments in the Courts


MH and SH (A minor suing by her mother and next friend MH) -v- Minister for Justice and Equality (No.2) [2020] IEHC 360 - Barrett J has quashed a deportation order stating:


'[It is] discourteous in the extreme that a person faced with the prospect of a

deportation order should be left ‘dangling’ for eighteen months, not knowing whether the

order will issue or not. Life is short enough as it is, without month after month being

taken up in an immigration process that ought to be swift to arrive at decisions and swift

to arrive at any (if any) corrections of such decisions. Most people can deal with whatever

adversities life may bring, but it is the waiting and not knowing that can be nigh on

impossible to bear. No good explanation has been offered for the 18-month delay which

presented in terms of making the deportation order; the court suspects that this is

because no good reason exists. As it happens, there is a legal dimension to the foregoing.

The court accepts the contention by counsel for the applicants that a delay of 18 months

between the prospect of deportation being raised and the issuance of the related

deportation orders can have, and in this case has had, an adverse impact on the

applicants in the unhindered exercise of their personal and family rights under Arts. 40,

41 and 42A of the Constitution (and, even if this were not so, has had like impact on their

private and family law rights under Art. 8 ECHR) in circumstances where the respondent

is obliged to have regard for such rights and humanitarian conditions in considering the

appropriateness or otherwise of deportation. '


This will likely cause substantial difficulties for the State as immigration processing in a variety of matters takes considerable time and in deportation and leave to remain/permissions to remain often takes months or years.


M.R. (Albania) -v- The Minister for Justice and Equality & ors [2020] IEHC 402 - Humphreys J has ordered the State create a medical panel for the assessment of international protection applications as required by 23 of the International Protection Act 2015 on or before 1 December 2020 commenting:


'Where, following the enactment of legislation, a Government Department has second

thoughts about the desirability or wording of that legislation, the Department has a

number of options. It can seek to amend or repeal the legislation before commencement.

Alternatively, it can implement the legislation pending such amendment or repeal. Both

of those options are totally unproblematic. Other options that, conversely, undermine the

rule of law to a greater or lesser extent would be to leave the legislation uncommenced

for an indefinite if not permanent period (which while possibly theoretically lawful on

conventional jurisprudence, nonetheless undermines the integrity of the statute book), or

to provide perfunctory implementation that would not pass legal muster, or to commence

the legislation, but simply do nothing to implement it. The last is the least acceptable of

the options, but unfortunately it’s the one chosen by the Department of Justice and

Equality here.'



COVID-19 Passenger Locator Form


All persons arriving into Ireland must fill in a form before you arrive called the COVID-19 Passenger Locator Form. Failure to do so is an offence.


The COVID-19 Passenger Locator Form is now an online form. If you are arriving into Ireland on or after Wednesday 26 August 2020, you can complete this form by clicking on the link above in advance of arriving into the State.


The information provided may be used to contact passengers in the next 14 days to verify the details given on the form and to provide public health advice. This form may also be used for the purposes of contact tracing in relation to confirmed or suspected cases of COVID-19.


You are not required to complete a COVID-19 Passenger Locator Form if you are an essential supply chain worker (that is, air and ship crew and hauliers) or if you are an accredited diplomat.


If travelling onwards to Northern Ireland, paaengers will have to fill out a portion of the form.

 
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©2019 by Aaron Flynn Solicitors.