A RANGE of measures designed to give the Government more power to control its borders and remove illegal immigrants from the State is contained in a new Bill published by Minister for Justice Dermot Ahern.
The Immigration Residence and Protection Bill 2010 (IRP) is aimed at consolidating all existing immigration laws dating back to 1935.
It would extend some rights to people who are the victims of human trafficking, as well as enabling the Minister for Justice to disregard any marriage he felt was a sham when making a related immigration decision.
Mr Ahern said the new Bill took account of many of the criticisms raised by Opposition deputies of a previous version of the Immigration, Residence and Protection Bill. He withdrew the previous 2008 Bill several weeks ago to try to come to a compromise with Opposition deputies.
“This is a new Bill in name only. It essentially retains the structures and objectives of the Immigration, Residence and Protection Bill 2008, which has undergone an extensive consideration in the Dáil,” Mr Ahern said.
“Given the large number of amendments for report stage, I sought and received Government approval to publish the amendments by way of a new Bill.
“I believe, following discussions with Opposition justice spokespersons, that the introduction of the amendments in this manner will better facilitate debate and help to progress passage of the Bill,” he added.
The new Bill includes measures designed to make it easier to deport foreign nationals who are illegally in the State. If implemented, it is expected that the Garda National Immigration Bureau could detain and deport people without providing a period for appeal. It also establishes a 14-day time limit for foreign nationals making applications for judicial review of immigration decisions and enables the Minister for Justice to disregard a “marriage that is believed to be a marriage of convenience” as a factor bearing on an immigration decision.
Mr Ahern has expressed great concern at the increase in the number of “sham marriages” taking place in the Republic between non-EU nationals and EU nationals from other countries.
Under EU law, non-EU spouses must be allowed to stay in Ireland if they are married to a national from any EU state except Ireland.
Other provisions in the Bill include:
informing people likely to be deemed illegal of the possibility of leaving voluntarily;
clarifying State-funded benefits and services that will not be available to foreign nationals unlawfully present in the State;
strengthening provisions relating to family reunification for persons granted a protection declaration;
improving information gathering, including biometric information and advance passenger information from carriers;
extension of the recovery and reflection period for victims of trafficking from 45 to 60 days.
The Immigrant Council of Ireland criticised the Bill for not introducing an independent appeals mechanism for immigration decisions and said it would engage with the Government to seek amendments.
“We remain concerned that, in relation to reunification of families separated by migration, this draft legislation fails to establish any entitlement for Irish citizens or legally resident migrants to be joined by family members,” said Denise Charlton, chief executive of the council.