Dáil Éireann Debate, Thursday - 22 October 2020
23. Deputy Denis Naughten asked the Minister for Justice her plans to recognise the residency of non-EEA nationals under 16 years of age; if she is satisfied that the current situation is not open to legal challenge; and if she will make a statement on the matter. [30684/20]
Amharc ar fhreagraPersons under the age of 16 years are exempt from the requirement to register under Section 9(6)(a) of the Immigration Act 2004. This does not mean that their residency in the State is not recognised. In the vast majority of cases, persons under 16 years derive their right to be in the State from their parents or guardians. This is recognised when applications for residency from families are considered as family units. Visa required nationals under the age of 16 years are also issued with re-entry visas, free of charge, on request when travelling outside the State.
Unaccompanied minors in the State are under the statutory care of TULSA, who make the appropriate applications to my Department on behalf of the unaccompanied minor.
There is a balance to be struck when considering any change to register persons under the age of 16 years. For example, in order for any registered person to be issued with a resident permit, they must be fingerprinted as part of the process. The question of fees to be levied would also arise. Currently, there are no plans to introduce registration of under 16 year olds but the matter is kept under review in the Immigration Service of my Department.
