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Immigration & Residence Bill - January 2008

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

yankeegirl
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Post by yankeegirl » Thu Jan 31, 2008 3:07 pm

There are also new rules for recognising marriage between non-EU citizens, and for marriage between non-EU and Irish citizens.
I've seen this mentioned in a couple of articles with no elaboration. I've *tried* to read the full bill but to be honest I either go cross-eyed or nod off after the first couple of pages. What are the new rules re: Irish/non-EU marriages?

archigabe
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Post by archigabe » Thu Jan 31, 2008 3:30 pm

microlab wrote:
· Marriage of foreign nationals in the State (Section 123) – this provision is intended to provide a mechanism to combat marriages of convenience which are being increasingly availed of to avoid removal from the State. Foreign nationals who wish to contract a marriage in the State will be required to be lawfully resident in the State at the time of the marriage and notify the Minister of the intended marriage
Similar to certificate of aproval in the UK.(as usual)
I reckon people will need some kind of permission to get married.

http://www.ind.homeoffice.gov.uk/visiti ... fapproval/
These nitwits copy the more restrictive parts of UK law, and deliberately ignore the fair proceedures enshrined in UK law...seems like even though McDowell's gone, he must have packed the department with far right dearly beloved like him.

archigabe
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Post by archigabe » Thu Jan 31, 2008 3:33 pm

The Immigration, Residence and Protection Bill allows people suspected of being here illegally to be arrested without warrant and detained in a Garda station or "prescribed place", including a prison, pending deportation.
This is a breach of basic legal principle of 'habeas corpus'...
Under the law there will be more restricted access to judicial reviews of asylum refusals, with provision for deportations to continue while awaiting trial.Costs are to be awarded against lawyers who bring "frivolous or vexatious" challenges.There are also new rules for recognising marriage between non-EU citizens, and for marriage between non-EU and Irish citizens.
This goes from bad to worse...Is this guy a disciple of Kim Jong Il?

Sometimes it seems this country is only marginally better than a banana republic!
http://www.ireland.com/newspaper/frontp ... tml?via=mr

no offense intended to banana republics :(

archigabe
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Post by archigabe » Thu Jan 31, 2008 11:39 pm

Does anyone familiar with the Irish politics know how long it is before a bill becomes legislation and what are the processes before it gets voted in?

microlab
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Post by microlab » Fri Feb 01, 2008 8:29 am


yankeegirl
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Post by yankeegirl » Fri Feb 01, 2008 9:28 am

Totally off-topic Archigabe, but your question remined me of a Schoolhouse Rock video that I think most American adults watched when they were kids lol.
http://www.youtube.com/watch?v=mEJL2Uuv-oQ

On topic, I don't really know the process in Ireland. Hopefully the process will be VERY SLOW like just about everything else, but I have a sneaking suspicion that the very idea that the bill will talk to hundreds of people will be like a fire under their arses and make them move quickly. Ugh. They should be ashamed of themselves.

archigabe
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Post by archigabe » Fri Feb 01, 2008 10:29 am

yankeegirl wrote:Totally off-topic Archigabe, but your question remined me of a Schoolhouse Rock video that I think most American adults watched when they were kids lol.
http://www.youtube.com/watch?v=mEJL2Uuv-oQ
A bit tacky but Cute :) ...I had learnt a bit of that in my land use law classes at A&M.

Giri
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Post by Giri » Sat Feb 02, 2008 3:35 pm

Hi,

Is this new bill is for all the new comers to Ireland or it includes the people already in work visa/ work authorisation/work permit etc?

regards

:roll:

Giri

mendo
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Post by mendo » Sun Feb 03, 2008 11:29 am

Last edited by mendo on Fri Feb 25, 2011 11:08 am, edited 1 time in total.

archigabe
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Post by archigabe » Sun Feb 03, 2008 7:34 pm

The Immigration, Residence and Protection Bill allows people suspected of being here illegally to be arrested without warrant and detained in a Garda station or "prescribed place", including a prison, pending deportation.
This just makes me worried that if I don't have my GNIB card on me if I am stopped on the street, will I find myself on a plane to some random country the next day?...you think these sort of things are far fetched,but with our experience so far in this country nothing is too far fetched!

microlab
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Post by microlab » Mon Feb 04, 2008 4:26 pm

Code: Select all

Similar to certificate of aproval in the UK.(as usual) 
I reckon people will need some kind of permission to get married
I was dead right here!

http://www.independent.ie/national-news ... 80695.html

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Feb 04, 2008 8:41 pm

archigabe wrote:This just makes me worried that if I don't have my GNIB card on me if I am stopped on the street, will I find myself on a plane to some random country the next day?
Do they issue a GNIB card to spouses of (non-Irish) EU citizens?

Ben
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Post by Ben » Mon Feb 04, 2008 8:52 pm

Directive/2004/38/EC wrote:
archigabe wrote:This just makes me worried that if I don't have my GNIB card on me if I am stopped on the street, will I find myself on a plane to some random country the next day?
Do they issue a GNIB card to spouses of (non-Irish) EU citizens?
Yes.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Feb 04, 2008 9:08 pm

Is the GNIB card issued at no cost to family of EU citizens?

In no case would the non-EU spouse of an EU citizen be required to carry one until is manditory for an Irish citizen to carry an ID card.
Last edited by Directive/2004/38/EC on Mon Feb 04, 2008 9:42 pm, edited 1 time in total.

Ben
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Post by Ben » Mon Feb 04, 2008 9:15 pm

Directive/2004/38/EC wrote:Is the GNIB card issued at no cost to family of EU citizens?..
Yes, at no cost. GNIB cards are normally issued at the bargain price of €100 per head (:roll:), however for those exercising EU treay rights, the fee is waived.

archigabe
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Post by archigabe » Tue Feb 05, 2008 12:43 am

Directive/2004/38/EC wrote:Is the GNIB card issued at no cost to family of EU citizens?

In no case would the non-EU spouse of an EU citizen be required to carry one until is manditory for an Irish citizen to carry an ID card.

Hopefully that requirement in the new bill will be removed.

microlab
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Post by microlab » Thu Feb 14, 2008 9:02 am


walrusgumble
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Post by walrusgumble » Sat Feb 16, 2008 7:07 pm

archigabe wrote:
The Immigration, Residence and Protection Bill allows people suspected of being here illegally to be arrested without warrant and detained in a Garda station or "prescribed place", including a prison, pending deportation.
This is a breach of basic legal principle of 'habeas corpus'...
Under the law there will be more restricted access to judicial reviews of asylum refusals, with provision for deportations to continue while awaiting trial.Costs are to be awarded against lawyers who bring "frivolous or vexatious" challenges.There are also new rules for recognising marriage between non-EU citizens, and for marriage between non-EU and Irish citizens.
This goes from bad to worse...Is this guy a disciple of Kim Jong Il?(
true. and the government are concerned with lowering the caseload of the judiciary. oh well plenty of habeas corpus applications will keep the judiciary busy not to mention further overcrowding of the penal insitutions... all of course at tax payers expense (many of you to- how do the taxpayers here like that) the irony

archigabe
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Post by archigabe » Thu Mar 13, 2008 7:14 pm

About time someone called out the Irish government on the 'Nazi era' 'immigration bill!


Immigration Bill should be changed, says UN refugee body

http://www.ireland.com/newspaper/frontp ... 11226.html
THE UNHCR is seeking substantial amendment of the Immigration, Residence and Protection Bill currently before the Oireachtas.

In a 40-page commentary on the Bill, the UN body responsible for refugees makes 76 recommendations, ranging from access to the State for asylum seekers, to the use of detention and the assessment of asylum claims, which it is concerned fall short of international standards. The Bill will be discussed in its Committee stage after Easter.

In its commentary the UNHCR welcomes many aspects of the Bill, noting in particular that it introduces a single procedure for all applicants for protection, both those seeking asylum and those eligible for other kinds of protection from persecution, known as subsidiary protection.

It also welcomes the fact that the Bill is transposing into Irish law the latest EU Directive on minimum standards for those seeking asylum and other protections.

However, it is concerned that a number of sections of the Bill are not fully consistent with the UN Convention on Refugees, as interpreted by case law, in that they could lead to people being denied an opportunity to land in the State and apply for asylum. It is also concerned that other provisions violate the "non-refoulement principle", according to which people should not be sent to a country where their lives or liberty would be in danger, without an opportunity to claim protection.

Referring to the question of access to fair procedures,the UNHCR stresses that the Protection Review Tribunal, set to replace the existing Refugee Appeals Tribunal, should be independent, impartial and transparent in its procedures.

It recommends that its impartiality should be explicitly mentioned in the Bill.

Its independence and impartiality could be compromised by the fact that under the Bill the Minister will appoint part-time members of the tribunal, it states. It is also concerned that the Minister can ask it to prioritise certain applications.

Both these matters should be addressed, it said. Referring to fairness and transparency, it says that guidelines on the operation of the tribunal should be made public, or that at least they should be provided to the UNHCR.

Referring to access to previous decisions, it states: "The procedures to access previous tribunal decisions lacks clarity and transparency and [ the UNHCR] considers that decisions should be made available with the least restrictions possible ensuring client confidentiality."

The question of access to previous decisions was the subject of a protracted legal battle between eight asylum seekers and the Refugee Appeals Tribunal, and went to the Supreme Court when the High Court found in the asylum seekers' favour. The Supreme Court ruled against the tribunal in July 2006.

The UNHCR is also concerned about the suggested use of detention of asylum applicants. Such a measure should only occur in line with the Convention and with international human rights law, meaning it should be seen as exceptional.

Speaking in the Dáil on the adjournment debate on Tuesday night, the Minister for Justice, Brian Lenihan, said: "Deputy [ Pat] Rabbitte might recall the comments made by a former UNHCR representative to Ireland who was quoted as saying that Ireland is now a model for the new member states of the European Union and that we have a system which in many respects is one of the best in Europe."

The document is critical of the lack of provisions for family reunification in the Bill. Given the backlog of family reunification applications at present in the system, family members in the State should be granted residency rights, the UNHCR believes. There should be a specific application system, other than a visa application, for family members outside the State, according to the body.

The office makes 10 recommendations concerning separated children, starting with the inclusion in the Bill of a standard provision that the best interests of the child be the determining factor in all decisions made.
© 2008 The Irish Times

microlab
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Post by microlab » Sat Mar 15, 2008 7:51 am

Bishops are not happy!

http://www.independent.ie/national-news ... 16146.html
l The bill lacks statutory provision for family reunification. "Minor refugees" will not be allowed apply to be reunited here with their siblings.

l The bishops say the bill gives insufficient protection for trafficked women, young girls and young boys.

l Increased powers of detention would allow the Irish authorities to detain persons at every stage of the asylum (protection) process. The bishops are worried too about the possible detention of children which they say would be in violation of the UN Convention on the Rights of the Child.

l In the absence of clear and comprehensive immigration policies and procedures, the bill fails to set out clear regulations regarding rights and obligations of migrants seeking to come to Ireland.

l The bill's lack of an appeal mechanism for review of immigration decisions is contrary to the commitment made in the Programme for Government -- Toward 2016 to introduce a "visibly independent appeals process".

l While acknowledging that the Government has the right to control inward migration, the bishops contend that proposed restrictions on access to benefits and services for persons in an irregular situation must not be at the expense of vulnerable migrants in the State who, often through no fault of their own, have become undocumented. To allow access, as the bill does, to essential medical treatment only risks forcing HSE staff to assume the role of immigration officers, warn the bishops.

l The bishops are wary of the bill's stipulation that a marriage contracted in the Irish State, where one or each of the persons is a foreign national, is invalid unless notification of the intention to marry is given -- by one or both -- to the Justice Minister, not later than three months before the date of solemnisation of the marriage.

Two Aerials meet on a roof - fall in love - get married.
The ceremony was rubbish but the reception was brilliant.

greentea
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Post by greentea » Sat Mar 15, 2008 11:37 am

Migrant right centre is organising a petetition to urge govenment to amend certain contents of the bill, ie LTR, Family Reunification, degree of power of discretion of DOJ etc. It really covers most concerns. see the link here http://www.mrci.ie/news_events/document ... e-IRPB.pdf

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Post by walrusgumble » Tue Mar 25, 2008 1:51 pm

microlab wrote:Bishops are not happy!

http://www.independent.ie/national-news ... 16146.html
l The bill lacks statutory provision for family reunification. "Minor refugees" will not be allowed apply to be reunited here with their siblings.

l The bishops say the bill gives insufficient protection for trafficked women, young girls and young boys.

l Increased powers of detention would allow the Irish authorities to detain persons at every stage of the asylum (protection) process. The bishops are worried too about the possible detention of children which they say would be in violation of the UN Convention on the Rights of the Child.

l In the absence of clear and comprehensive immigration policies and procedures, the bill fails to set out clear regulations regarding rights and obligations of migrants seeking to come to Ireland.

l The bill's lack of an appeal mechanism for review of immigration decisions is contrary to the commitment made in the Programme for Government -- Toward 2016 to introduce a "visibly independent appeals process".

l While acknowledging that the Government has the right to control inward migration, the bishops contend that proposed restrictions on access to benefits and services for persons in an irregular situation must not be at the expense of vulnerable migrants in the State who, often through no fault of their own, have become undocumented. To allow access, as the bill does, to essential medical treatment only risks forcing HSE staff to assume the role of immigration officers, warn the bishops.

l The bishops are wary of the bill's stipulation that a marriage contracted in the Irish State, where one or each of the persons is a foreign national, is invalid unless notification of the intention to marry is given -- by one or both -- to the Justice Minister, not later than three months before the date of solemnisation of the marriage.

no one listens to the church anymore in this country, sure the non nationals keep most of this lads in business

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English language tests by the Irish - what a laugh!

Post by injasuti » Sun Apr 06, 2008 10:13 am

Open any Irish newspaper and witness their butchering of the English language. The Irish seem to have particular difficulty with the correct use of the words bring and take. FFS it's 'take me to the airport' and not 'bring me to the airport'!

microlab
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Post by microlab » Wed Apr 09, 2008 12:26 am

Whats that got to do with Immigration and Residence bill?
This thread is not about linguistics :lol:
Two Aerials meet on a roof - fall in love - get married.
The ceremony was rubbish but the reception was brilliant.

walrusgumble
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Re: English language tests by the Irish - what a laugh!

Post by walrusgumble » Wed Apr 23, 2008 1:06 pm

injasuti wrote:Open any Irish newspaper and witness their butchering of the English language. The Irish seem to have particular difficulty with the correct use of the words bring and take. FFS it's 'take me to the airport' and not 'bring me to the airport'!
at least we have the decency to say please with that, lol. could you please highlight a link from a reputiable irish paper that has buthered this foreign language of english.

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