Tuesday, July 31, 2012

Migrants Petition for Regularisation


A petition signed by 4,000 members of the public landed on the desk of Tom Cooney, special advisor to Minister for Justice Alan Shatter, reports an article in the Irish Times. The petition was organised by the members of the Justice for the Undocumented campaign, which seeks to illuminate the plight of undocumented immigrants in Ireland. The petition had a specific mission, to seek support for the Migrant Rights Centre Ireland, which “aims to allow undocumented migrants living in Ireland to enter an earned regularisation scheme which would require undocumented people to work over a period of time, pay taxes and meet other criteria before being allowed residency.” This scheme is crucial to give undocumented migrants a voice in Ireland. It is not a hand-out, and it is not amnesty, it is simply recognising the presence of undocumented migrants, allowing them to step out of the shadows, and stop living in constant fear. For most undocumented workers, living illegally in the State is better than the alternative, which is to return home lawfully and risk being unable to support their families. The petition aimed to encourage the state to commence searching for a solution.

Brophy Solicitors
31.07.12

http://www.irishtimes.com/newspaper/breaking/2012/0718/breaking29.html

Immigration: are foreign students visitors or migrants?


A video report released by BBC recently discusses the on-going governmental debate about whether or not international students studying in the UK should be considered immigrants or visitors. Right now, the official answer is immigrants, but there is talk of changing it to visitors.

The Business and Education Department supports the change in status of international students from immigrants to visitors. They argue that students arrive in the UK with the intent to study for a few years and then return to their home country upon the completion of their degree. The Department recognizes the significant economic contribution that international students make to the economy—currently estimated at £8 billion per annum, and that figure is expected to rise. The Department also raises concerns that other countries such as the US, Australia, and Canada are aggressively campaigning for foreign students to come to their countries to study, and the UK recognizes that it is falling behind.

The Home Office, however, is dead set against the change. They believe that international students should be classified as immigrants. They acknowledge the figure that 20% of international students never actually leave the State following the completion of their degree, for a number of reasons, including marriage to a UK national, a work permit, or other strong ties to the State. They are, without question, immigrants, and the Home Office believes that classifying these students as anything other than immigrants would be “fiddling the figures.” It is surprising, however, to note that the Home Office is against the change. The UK tries to keep their net inward migration totals below 100,000 per annum, whereas the level is currently at about 250,000. A change in status of international students would lower this number significantly, meaning that the UK would be more on target with their net inward migration goals, but the Home Office allows that such a change would be simply manipulating the data. Critics say that classifying international students as visitors may deter them from applying to study in the UK, but the Home Office rejects this argument, saying that there has been a 9% increase in foreign applicants in the past year.

Brophy Solicitors


Monday, July 30, 2012

BULGARIAN AND ROMANIANS OBTAIN FULL ACCESS TO LABOUR MARKET IN IRELAND



On the 20th of July, 2012, in a statement from the Department of Jobs, Enterprise, and Innovation,  the Minister officially granted Romanian and Bulgarian nationals access to the labour market in Ireland. Originally, these restrictions to the Irish labour market were set to be lifted  on 1st January 2014, following a seven-year transition period that allowed EU member states to prepare for Bulgaria and Romania’s full adoption of EU law on free movement of workers.

After reviewing the restrictions that were previously in place before the 20th of July, the Government discovered that “in 2003 some 3,600 permits were sought from nationals of both countries [Romania and Bulgaria], declining to just over 50 applications in 2011.” Also, the population of Bulgarians and Romanians living in Ireland has declined by 3,000 between 2008 and 2011. The Government decided that continuing restrictions in light of these figures is questionable, and has decided to bring forward the transition date from 1st January 2014 to 20th July 2012.

There are numerous benefits to eliminating the restrictions, namely fostering positive relations between Ireland and the two countries, as well as with the European Commission and the other member states, since only 9 of the 27 members retain the restrictions on Bulgarians and Romanians in the labour markets. Also, students and self-employed or self-sufficient nationals from the two countries already have access to the labour markets in Ireland anyway.

Questions have been raised in an article from the Immigrant Council of Ireland about whether or not time spent in Ireland before the free access to the labour market restrictions were lifted counted as reckonable residency, but so far, the decisions by the department have been inconsistent. We will have to watch to see if they develop a line of authority with their judgements in this matter.

The United Kingdom has decided to retain its restriction on the labour market for Bulgarian and Romanian nationals. In a report from the UK Border Agency on the 23rd November 2011, Minister Damian Green announced that the restrictions will be extended until the end of 2013, fulfilling the full seven year transition period after the initial acceptance of Bulgaria and Romania to the EU in 2007. This means that in order to work in the UK, nationals from those two countries will be required to seek permission from the UK Border Agency. The Border Agency expressed a commitment to reduce employer’s dependence on migrant workers, and a potential negative impact on wages nationwide.

Brophy Solicitors
30.07.12

ZAMBRANO - SUCCESSFUL OUTCOME FOR FAMILY RESIDING OUTSIDE THE STATE


We are delighted for our clients, a Syrian family of five residing in Saudi Arabia, who have all been granted visas to reside in Ireland on the basis of our submissions under the Zambrano ruling and under the Treaty on the Functioning of the European Union.

The two parents of a young Irish citizen child who had been granted Irish citizenship wished to relocate to Ireland based on the fact that they were prevented from returning to Syria.  Their life in Homs had been completely destroyed and the father of the family found temporary work  in Saudi Arabia. The family’s initial application was refused as it was held the Irish citizen child had no connection with the State having never resided here (she obtained her Irish passport based on her birth in Belfast.)  The case was considered under Article 8 of the ECHR, under the proportionality test and the Constitution but the deciding officer failed to consider the child’s rights as an EU citizen and her rights established under the ruling in Zambrano.  Within a matter of weeks the application was re-considered on appeal and the family will enter the State this year.

In a separate but related case, a Syrian family was recently granted permission to enter the State on visitor visas.  The family of two parents of two Irish citizen children left their home in Homs, Syria.  They secured a visitor visa within a matter of weeks and applied for residency under Zambrano.  Their application was made in October 2011 and was decided favourably in June 2012.  

We note that a huge volume of residency applications relying on the Zambrano case are still pending and 9-12 months appears to be the average processing time.  We will keep you updated as to any further developments in this regard.

Brophy Solicitors
30.07.12

Friday, July 27, 2012

Skilled migrants ruling prompts emergency action by Theresa May


                                                                                                                                                    
An article in the UK Guardian from Wednesday, 18th July, described how a Supreme Court ruling challenged previous changes to the skilled migrant program. The ruling threatened to make thousands of previous decisions illegal, because the court declared that the changes were unlawful, since they had not been brought before parliament before their implementation. In addition, the ruling said that “changes to lists of shortage occupants, salary and skill levels, and advertising requirements had been set out in codes of practice that had not been laid out before parliament and so could not be relied on by UKBA to refuse work permits or visa applications.” The lead justice in this case, Lord Hope, stressed that changes to the immigration legislation had to be scrutinized by parliament, no matter what, or else the practices would be unlawful. This ruling could influence cases reaching as far back as 2008, but it should not have a direct effect on applications being made at the present moment. Home secretary Theresa May has put a statement of immigration policy changes before Parliament today, 19th July, and they should go into effect tomorrow, however, this is a further blow on her already poor reputation. An unnamed Home Office spokesperson claimed that the ruling yesterday was intended to further simplify the immigration process, but it appears to have just muddled the waters even further.

Brophy Solicitors


Best interests of the child considered – UK Court of Appeal


Case Study: SS (Sri Lanka) v Secretary of State for the Home Department (Court of Appeal UK)

The Applicant is a Sri Lankan woman of Tamil ethnicity. Her husband worked as a counsellor for Tamil victims of rape and abuse perpetrated by the  Sri Lankan authorities.  The Applicant claimed that her home was raided by the army on 17th December 2010.  She was raped during the raid and her husband was abducted. After receiving  hospital treatment, she fled to the United Kingdom with her two children, and they claimed asylum in January 2011.

The Applicant’s initial claim for asylum was refused, and was unsuccessful on appeal.   Since the attack she suffered post traumatic stress disorder and depression, as well as increased anxiety, inability to concentrate, and flashbacks of the incident. She was also discovered to be suffering from advanced breast cancer.

Where  the first Tribunal has made an error in law, the judge can in certain cases allow a second appeal which was permitted in this case. Firstly, the judge held  that the original appeals trial judge had hastily dismissed the medical evidence presented in respect of  the Applicant’s poor mental and physical health. Secondly,  the Tribunal failed to consider the best interests of the children, as was necessary following the judgement in the case ZH (Tanzania v Secretary of State for the Home Department) [2011] UKSC 4, [2011] 2 A.C. 166.

The Court in this case needed to balance the interests of the children in allowing the Applicant to remain in the State with the evidence pointing towards her removal. They allowed that the previous Tribunal’s failure to consider the interests of the children constituted an error of law, but that had the previous tribunal considered the interests of the children, the outcome would have remained the same.

The Court considered whether the Applicant’s  removal from the State would violate her rights under Article 8 of the European Convention of Human Rights. It was held that there would be no violation of Article 8, because the children would leave the State and travel back to Sri Lanka with their mother, hence preserving their family unit.

The Court also found that the interests of the children would not be harmed upon their removal to Sri Lanka. They had not established roots in the State nor had they formed any semblance of a stable private life and so their social circumstances would not be affected. Their mother was in poor health, which could pose problems, but there is no evidence that the Applicant could not receive equivalent medical treatment upon her return to Sri Lanka. Although the Tribunal was held to have unfairly discounted medical evidence, the Court held that a more careful consideration of the medical evidence would not have changed the ultimate decision of the Court.

The safety of the Applicant is ultimately linked to that of her children.  After the attack, her husband was abducted by the army, and she has had no further contact with him. Since her husband’s activities were the catalyst for the attack, the Court concluded  that she and her children were  in no further danger if they return to Sri Lanka.

The appeal was ultimately dismissed because the core of the previous opinion had not changed. If the Applicant was removed to Sri Lanka, she and her children would face no significant danger. Since the violence she encountered was a direct result of the activities of her husband, and he is no longer an active member of her life, upon her return to Sri Lanka, she would be able to maintain her family life and obtain adequate medical treatment.

Brophy Solicitors


New Irish programme supporting child asylum seekers; RIPN materials on PILA website


The latest PILA bulletin from 25th July includes an article that discussing the rights of child asylum seekers. The Minister for Children has introduced a program entitled “One Good Adult” that will help ease the transition into living in Ireland for child asylum seekers. Each child will be paired up with an adult, who will act as a mentor for him or her and assist them in adapting to life in the State. The report quotes Tanya Ward, stating that, “separated children are alone in Ireland without love, care and solidarity from their families. This project provides them with a person who will walk with them every step of the way on their journey through the care and asylum process ensuring their best interests are taken into account and their voices are heard.” This program is exciting because it will mean that there are less bereft migrant children living in the state with no one to look out for their interests.

Also, the Immigrant Council of Ireland (ICI) has called for a reform on immigration processes that affect children. The number of migrant children in Ireland is growing significantly, and the immigration and education systems are not adequately equipped to deal with the needs of this growing group. The ICI specifically called for a reform of immigration policies, a review of current tuition fees, and schemes targeted and eliminating xenophobia and racism.

Tuesday, July 24, 2012

Work visas not working for tech sector


While most industries in Ireland are stagnant or declining, the technical sector is experiencing surprising growth, reports an article in the Irish Times from Monday, 23rd July 2012. There is an increased need for highly skilled technical workers, but the graduates from Irish universities are not sufficient to fill the demand. Companies are attempting to fill the vacant jobs with international workers, but they’re experiencing trouble with the bureaucratic element.

In Ireland, workers are given a green card, which allows them to obtain a visa to work in the State. The green card scheme is designed to recruit highly skilled workers to fill specific voids in various industries in Ireland. In order to obtain a green card, however, the worker must already have a job. In the time it takes to process the paperwork, the worker might not be available anymore. Smaller firms especially have a difficult time with the bureaucratic process, considering that many of them do not have an HR representative.

Most of the EU operates under a blue card scheme, which is an easier process. A blue card allows a highly skilled technical worker to enter into the EU and work in the region, allowing for a greater flexibility and mobility. Most of the EU already operates under this system, with Germany set to implement it on 1st August. However Ireland, along with the UK and Denmark, has not participated yet.

Zartis is a software recruiting website, and John Dennehy, an employee, commented on the situation. He said, “If you brought in 10,000 people with computer science degrees, they would all have jobs within two or three months. Companies are crying out for those skills. We don’t have enough people in Ireland. They’re not going to take anybody’s jobs, because they are vacant.” His speech highlights one of the top concerns that governments face when bringing in international workers. A government does not want to handicap its own industrial sector by allowing international workers to arrive that might steal the work from Irish nationals, but Dennehy’s point is that the jobs are vacant anyway. People have expressed concerns that open borders might be taken advantage of, but for right now, the negatives are outweighed by the benefits.

Brophy Solicitors
24.07.12


Refusal of refugee tribunal to grant refugee status a 'breach of fair procedures'


An article in the Irish Times from Thursday, 19th July 2012, reports that the High Court quashed an order refusing a Kosovan man refugee status. Mr Justice McDermott ruled that the case should be returned to the Refugee Appeals Tribunal to be reheard.

The man is a member of the minority gypsy Ashkali group, and he claimed in court that he was shot in the leg by Albanians outside his home in Kosovo in a racially motivated attack. The court denied him the ability to present medical records detailing the injury he acquired in the shooting on the grounds that his account of the shooting was implausible. He was not granted refugee status, and he appealed that decision to the high court.

Mr Justice McDermott ruled that this was a breach of fair procedures, and that the Refugee Appeals Tribunal was required to wait until the “expiration of a period allowed for the furnishing of medical reports” in order to refuse the documents.

Brophy Solicitors
24.07.12

Monday, July 23, 2012

Debunking the myths about international student migration


An article from the UK Guardian on 20th July 2012 engages in a discussion about the benefits of having international students study at universities in the UK. Foreign students studying in England have been the topic of much controversy and debate, and the author of this article aims to put these arguments to rest.

He begins by debunking three common myths about foreign students. First, he says, foreign students are not taking the place of home students. They are evaluated for acceptance in completely different systems, and there is a cap on the number of UK students admitted to any university, so UK students are never competing for spots. Second, he addresses the myth that foreign students arrive in the UK, soak up knowledge, and then leave without contributing anything back. The author argues that the presence of global perspectives in a classroom is a valuable learning experience for home students. The third myth, and arguably the most common, is that international students will continue to arrive to study in the UK. There are new competitors seeking international students, namely the United States, Canada, and Australia, and the UK will have to work to make sure that international students continue to choose British universities. Already, international students only comprise 13% of the student body, and if international students feel as though their presence is unwelcome, they might seek their education in a different country. It is widely accepted that international students greatly benefit the classroom, they are an important part of the economy, and they foster beneficial relationships between countries, so the UK would benefit from making sure that international students continue to come there to study. The author concludes by saying, “We are convinced now more than ever that the international dimensions of higher education are central to the wellbeing and prosperity of the UK.”

Brophy Solicitors
23.07.12


Wednesday, July 18, 2012

Lack of Legal Advice given to Illegal Immigrants


In an article in the Irish Independent last Tuesday, the 10th July, the author describes how many illegal immigrants detained in Northern Ireland are not receiving proper legal council. Reports have shown that the number of people being detained has risen by almost 75% since the stricter border patrol enforcement, known as Operation Gull, was introduced six years ago. While many of those detained are illegal, thus making it within the rights of the state to deport them, a good number have legitimate claims to stay in the state, and they are not receiving proper legal representation to ensure that their rights are being recognized. They arrive without intending to break immigration laws; they have legitimate reasons for wanting to come to the UK. They just lack the language, agency, and voice to make their situations known on a legal stage.
Not only that, but there is a growing concern of ethnic profiling at these ports of entry, and that many people who are being detained without consideration of their situation are being denied their rights because of their ethnicity.

Brophy Solicitors
18.07.12


Deportation Order for a Chinese National


An article in the Irish Times from Wednesday, 18th July, reported that a Chinese national, Qing Wu, had lost his High Court challenge. He had received a deportation order in 2009, but he had changed addresses without notifying the Minister, so his notices went unread. He attempted to challenge the deportation order, owing at least in part to the fact that he has an Irish-born child and part because he had not received the deportation orders, but the case was ultimately unsuccessful. The onus was on him to notify the Minister if his circumstances changed. The author reports that by the time the case came to be heard before the High Court, Mr Wu was on a plane to Frankfurt, where he will be further escorted to Beijing.


Brophy Solicitors
18.07.12

Thursday, July 12, 2012

Médecins Sans Frontières (MSF) Ireland Event for Next Wednesday on Refugees in South Sudan


News coverage has demonstrated that the condition in South Sudan has worsened as we approach the one year anniversary of its secession from Sudan. Médecins Sans Frontières (MSF) Ireland is hosting a free event on 18th July at the Royal Irish Academy, Academy House, 19 Dawson Street, Dublin 2 at 6.30pm. This event will address the growing refugee crisis in South Sudan, accompanied with photographs and highlights of MSF projects. Jane-Anne McKenna, head of the MSF Ireland office, has just returned from nearly a month in the region, and she will comment on her experience, as well as the work that MSF has done there, and hopes to achieve in the future. The event promises to be a powerful statement on the lives of refugees, and interesting to observe from an immigration standpoint. Many immigrants from East Africa are arriving in Ireland to seek asylum, and it is important to understand where they have come from.
The event is free, but donations will be accepted for the South Sudan Emergency Appeal. For more information, please visit: www.msf.ie/south-sudan-appeal.

http://www.activelink.ie/node/9553

Brophy Solicitors
12.07.12 

Wednesday, July 11, 2012

Immigrant Council of Ireland calls for a reform on immigration policies that affect children


In an article published in the Irish Times on Monday, 9th July, the ICI released a report where it mentioned concerns specifically regarding migrant children. One in seven children in Ireland is an immigrant, and the needs of this growing group must be addressed. The stigma on this group could have a detrimental effect on their emotional, social, and cultural well-being.

Many of these children have grown up in Ireland, and have rooted themselves well in Irish society, speaking fluent English, receiving high marks in school, and establishing a wide network of friends and peers. They are required, at the age of sixteen, to obtain a GNIB identification card, clearly establishing them as different from their peers, and costing up to €150. This card must be presented whenever requested, and often prevents students from acquiring after school employment or participating in extra curricular activities.

Not only does the GNIB identification card cost €150, but if a migrant student has not been naturalised to become an Irish citizen by the time she is ready to go to college, she faces the risk of being charged international student fees. These costs are exorbitant and often well outside of the means of immigrant families.

The article stresses how disruptive and upsetting these bureaucratic measures can be on a young migrant, and calls for  reform as soon as possible. Not only does the ICI call for a closer look at the tuition fee structure and the immigration laws in general, but the Council believes that preventing racism, xenophobia, and negative social stigmas is crucial to assisting migrant children’s full integration into Ireland.

Brophy Solicitors
11.07.12

Friday, July 6, 2012

Testing times for citizenship exam as Conservatives seek overhaul


An article in the Irish times today, entitled “Testing times for citizenship exam as Conservatives seek overhaul” discussed the nature of the UK citizenship exam.

Despite insistence that history questions would prove to be unfair, considering the fact that many UK citizens by birthright wouldn’t be able to answer the questions themselves, Conservative home secretary Theresa May insisted that questions that concerned England’s history were important, because it would clue in the immigrants about what type of culture they were attempting to join. There is a high success rate on the citizenship test among English-speaking applicants, such as those from New Zealand, Canada, and the United States. Applicants from non-English speaking countries, such as Turkey, Bangladesh, and Afghanistan, had nearly a 50% success rate, but this is nothing compared to what Bernard Crick, drafter of the first UK citizenship test, fears for his fellow countrymen. “Could any test for immigrants be devised that 80 per cent of our fellow citizens would not fail?”

He raises an interesting point. Should the test be tailored specifically to be easier for those more unfamiliar with British culture? Or should more specific details be included, because the UK does not want naturalized citizens who don’t know the answers? The article mentions how Channel 4 put out some of the questions to viewers, and the results were  dismal.

It appears May is reacting to a fear of British culture being usurped by the culture of the incomers. “Immigrants must integrate,” the article boldly states. The UK has a history of sheltering those who need it, and critics believe that this tolerance has been exacerbated by immigrants who would come in and demand that England accommodate their culture, instead of the other way around. At the end of the article, frustration at an apparent injustice was evident. “Local authorities have bent over backwards to translate documents into several languages, while Christians have been admonished, or worse, for wearing crosses at work.” The point is this: why is it at once okay for an aspect of a foreign culture, the language, to be recognized, but those who try and demonstrate an aspect of English culture, Christianity, aren’t tolerated?

Brophy Solicitors
06..07.12 

Monday, July 2, 2012

DEPENDANT PARENTS ON EU NATIONAL


We are very pleased for our client who received a positive decision in his application or his elderly dependent parents to join him in the State.  A UK national, our client has been working in the State for a number of years.  He was able to provide evidence to show that both parents in India were dependent on him.   Such applications have always proven difficult to make and the majority of clients come to us to challenge negative decisions they receive on their applications for family members to join them where they must show proof of dependency.  It is worth noting that the ECJ has determined that dependency includes both financial and emotional dependency and accordingly supporting documentation and evidence to document both types of dependency should be considered.

Brophy Solicitors
02.07.12