Dáil Éireann Debate, Tuesday - 22 March 2022
752. Deputy Mick Barry asked the Minister for Justice if those who have fled Ukraine to avoid the war but did so ahead of the EU Temporary Protection Directive will be able to access the enhanced status that those that come under the Directive will get; and if she will make a statement on the matter. [14193/22]
Amharc ar fhreagra753. Deputy Mick Barry asked the Minister for Justice if those who have fled Ukraine to avoid the war but are not Ukrainian nationals will be able to access the rights and status that are in the EU Temporary Protection Directive; and if she will make a statement on the matter. [14194/22]
Amharc ar fhreagraI propose to take Questions Nos. 752 and 753 together.
As the Deputy is aware, the EU Temporary Protection Directive (2001/55/EC) has been activated for the first time in response to the Ukraine crisis. Ireland participates in this measure, which has been given legal effect under Section 60 of the International Protection Act 2015.
Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare, accommodation and other State supports as necessary.
Under the Council Implementing Decision (EU 2022/382), those who have fled Ukraine can avail of a temporary protection to reside in Ireland if they meet one of the following criteria:
a) They are a Ukrainian national who was residing in Ukraine before 24 February 2022;b) They are a national of a third country (other than Ukraine) or stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;c) They are a family member* of persons covered by a) and b) above, where their family already existed in Ukraine at the time of events leading to the mass influx prior to 24 February.
*Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit.
Temporary protection also applies to people who were residing in Ukraine before 24 February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.
Other people who were legally residing in Ukraine without a permanent residence permit will be assisted to return to their country of origin, if it is safe for them to do so.
Given the events that have unfolded in Ukraine, I intend to continue to keep this matter under active review and adopt a pragmatic approach in managing the residency permissions of Ukrainians who are in Ireland.
