It is my intention to republish the Immigration Residence and Protection Bill 2010 later this year. As part of that process some provisions of the existing Bill are likely to be amended before publication, including if necessary elements of Part 5. In relation to family reunification and the other matters referred to by the Deputy, and without prejudice to the future engagement with the legislation by the Oireachtas, I am open to considering secondary legislation, using the regulation making powers conferred by the Bill.
I should say however that in respect of cases of domestic violence, where the victim is seeking immigration status independent of that of the perpetrator, the current system places no legal impediment in the way of dealing with such issues in a sympathetic manner and in fact this is what happens in practice. In that respect I refer the Deputy to my earlier reply to PQs numbers 71 and 82 of 13th March 2012 on this specific issue.
Reply to PQs numbers 71 and 82 of 13th March 2012:
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 INIS either directly or through an Garda Síochána or a non-governmental organisation and their case will be examined with sensitivity. All cases are addressed on a 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 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. I would add that 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.
