Dáil Éireann Debate, Tuesday - 8 May 2012
85 Deputy Michael Colreavy asked the Minister for Justice and Equality the number of migrant women with dependant immigration status who are experiencing domestic violence who have requested independent status during each of the past four years; the number of these requests which have been granted by the Irish Naturalisation Immigration Service during each of those years; and if he will make a statement on the matter. [22685/12]
Amharc ar fhreagraIt is not possible to provide the information requested by the Deputy as records on applications and decisions in relation to a change to a person's immigration status in the State are not broken down in this manner. It would require that every such application (some thousands in the period concerned) be examined to determine if domestic violence was a ground or was disclosed as a ground for the application and a factor in any decision to grant the application; the Deputy will appreciate that this would require an excessive amount of time and resources.
However, I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the experience in recent years has been that a relatively small number of non-EEA nationals apply to change their status on this basis. My officials have indicated that in total the number is likely to be no more than a dozen a year.
INIS 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 to remain in the State is granted consistent to overall public policy, the requirement to ensure that the integrity of the immigration system is upheld and, of course, to address the particular issues of the applicant.
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, to date 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 access to the labour force and to apply for State aid where required.
This system works and I understand that organisations working with victims of domestic violence have publically acknowledged that cases are dealt with sensitively and compassionately. I have also asked INIS to keep the matter under review so to ensure that it continues to meet the needs of victims in the context of overall immigration public policy as well as policy on tackling domestic violence.
I would add that the primary concern for victims of domestic violence, whether they are Irish citizens or foreign nationals is their physical safety. The concern is a primary focus of Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence.
