Dáil Éireann Debate, Tuesday - 13 March 2012
71Deputy Seán Crowe asked the Minister for Justice and Equality if he will ensure protection for migrant women from domestic violence by introducing formal immigration rules for the granting of independent residence permits; and if he will make a statement on the matter. [13863/12]
View answer82Deputy David Stanton asked the Minister for Justice and Equality if he has given any consideration to allowing for the granting of independent residence permits to migrant women whose residency entitlement is dependent on their husbands or partners and who are forced to leave their husbands or partners as a result of domestic violence; and if he will make a statement on the matter. [13945/12]
View answerI propose to take Questions Nos. 71 and 82 together.
The Irish Naturalisation and Immigration Service, INIS, of my Department operates a flexible, pragmatic and humane approach to the status of non-EEA nationals, both men and women, who are in situations of domestic violence. Any person in such a situation can approach the INIS directly or through An Garda Síochána or a non-governmental organisation and their case will be examined with sensitivity. All cases are addressed on an individual basis and independent status is granted where the known circumstances of the case warrant it. In considering the circumstances of each such application every effort is made to ensure that the most appropriate permission stamp is granted consistent with overall public policy and the requirement to ensure that the integrity of the immigration system is upheld.
I am advised that very few non-EEA nationals who have experienced domestic violence have applied to my Department for independent status. There have been no more than a dozen such permissions granted. I would point out that not every victim of domestic violence will require a new residence permission. It is possible that a victim might be resident with their own independent status. However, where applications were made and the persons concerned were able to substantiate their claim with appropriate reports, an immigration status was granted which allowed them to access the labour force and to apply for State aid where required.
An Garda Síochána and non-governmental organisations working in the immigration area and those who offer services to victims of domestic violence are fully aware of the process and have acknowledged that the INIS will deal sensitively with domestic violence issues. I am satisfied that this system addresses the immigration requirements of non-EEA nationals who find themselves in such a terrible situation.
The primary concern for victims of domestic violence, whether they are Irish citizens or foreign nationals, is their physical safety. This concern is a primary focus of Cosc, the national office for the prevention of domestic, sexual and gender-based violence.
I recognise there is some flexibility. However, one of the issues - I am sure Deputy Stanton, as Chairman of the Oireachtas Joint Committee on Justice, Defence and Equality, will support this - is that people are unaware of the criteria on which decisions are based with regard to this flexibility. The Minister spoke about the low numbers who requested independent status. One of the reasons the numbers are so low is that people do not know this service is available. I have spoken to a number of groups who find it difficult to get a grasp of the criteria and the guidelines which apply in circumstances such as these. This is something the Minister should look at again.
Is the Minister aware of recent changes in the UK legislation to deal with this issue? Is he prepared to investigate and look into those changes with a view to bringing forward similar changes here?
I am very anxious to ensure that if any individuals are a victim of domestic violence or are threatened with domestic violence, they will know this flexibility exists and that appropriate arrangements can be made. I have no difficulty with looking at the legislation mentioned by Deputy Stanton. If a person in the State, whether a citizen or here on a visa, is a victim of domestic violence, the domestic violence legislation that exists here can be used to seek a protection order, a safety order or a barring order against the spouse or cohabitee who engages in or threatens violence or who threatens the safety or welfare of your children. I have heard it suggested that this legislation is confined to citizens of the State, but it is not. It is legislation that can be utilised by any victim of domestic violence to seek protection. Where someone is a victim of domestic violence and has obtained a protection, a safety or a barring order from the courts, this is clear evidence to provide to the INIS, if that person requires a separate visa facility, as it establishes clearly the person has been victimised in the way described and would be of great assistance in addressing the issue. However, it is not essential to have a court order in these circumstances as each case will be dealt with individually. In so far as there are communication deficiencies in that regard and in so far as there is any doubt on the issue, I will ensure it is made known and will discuss that matter with the officials in my Department.
