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Wednesday, 30 Jan 2013

Written Answers Nos. 154 - 157

Immigration Policy

Questions (155)

Clare Daly

Question:

155. Deputy Clare Daly asked the Minister for Justice and Equality if he will consider altering the criteria for non-EEA citizens to join the workforce here with regard to considering work permits in the de facto visa status. [4694/13]

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Written answers

Before being granted immigration permission to enter the workforce, persons in a "de facto" relationship must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intending to reside, as a family unit in the State. The required duration of the relationship is two years in the case of a person who is the partner of an Irish/EEA national and four years where the partners are both non EEA nationals. A de-facto partner of an Irish citizen or of an EU national who is exercising rights of free movement and who meets the eligibility criteria as to duration of relationship receives an immigration permission that allows them to work without requiring an employment permit.

Where both parties are non-EEA nationals the immigration permission granted to the partner of the person already lawfully in the State, is that of dependent with an immigration stamp 3. This status does not exempt them from the requirement to hold an employment permit but they would be able to obtain one if they meet the conditions set out by the Department of Jobs, Enterprise and Innovation. There is a balance to be struck between facilitating the de facto family to live together while also ensuring that immigration of this nature is not used as a means of circumventing immigration law requirements, or labour market law and public policy in this area.

Asylum Applications

Questions (156)

Thomas P. Broughan

Question:

156. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons refused entry at Dublin Airport and Dublin Port for the years 2010, 2011 and 2012; and if he will make a statement on the matter. [4772/13]

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Written answers

In each of the years 2010, 2011 and 2012, the number of non-nationals refused permission to enter the State at Dublin Airport was 2,017, 1,981 and 1,690, respectively. Of those refused permission to enter in the years in question, 259, 206 and 135 were subsequently permitted to enter the State having made an application pursuant to the Refugee Act, 1996 (as amended). At Dublin Port, a total of 135, 32 and 44 non-nationals were refused permission to enter the State in the years 2010, 2011 and 2012. Of these, 4, 1 and 3 respectively were subsequently allowed to enter the State having made an asylum application.

I might add that in all cases, removals from the State, whether in respect of those who are removed on arrival at ports of entry or those already in the State, are conducted in accordance with the law with removals at the Port of Entry being, essentially, an operational matter for the Garda National Immigration Bureau. The removal of illegal immigrants from the State is a necessary feature of the enforcement of immigration legislation with the purpose of upholding the integrity of the immigration system. In enforcing the law in this respect, Ireland is no different from other countries who also remove individuals who have no lawful right to remain within their territory.

Proposed Legislation

Questions (157)

Pearse Doherty

Question:

157. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans to progress the Immigration, Residence and Protection Bill; if this will substantially simplify and streamline the existing arrangements; if the reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their application in a more straightforward and timely fashion; the date on which this system will be implemented; and if he will make a statement on the matter. [4819/13]

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Written answers

Work on the details of the Immigration, Residence and Protection Bill 2010 is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for National Recovery, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way". The Bill provides, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. This change of the processing framework will remove the current multi-layered and sequential processes associated with the existing system.

As I have outlined previously to the Joint Committee on Justice, Equality and Defence, several hundred amendments to the Bill are anticipated, the majority of a technical nature. On that occasion, I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced text. Such an approach can incorporate the many anticipated amendments while addressing key outstanding issues, several of which have been of concern to Members, including that of a streamlined, single application procedure. This proposition was broadly welcomed by the Joint Committee. Work on the Bill continues, therefore, on that basis, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General while also taking account of any relevant rulings by the Courts. It remains my objective under this new approach, and mindful of our having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring a revised Bill to Government for approval and publication later this year.

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