New immigration legislation published

New legislation that aims to clarify and update the immigration policy of the State has been published today.

New legislation that aims to clarify and update the immigration policy of the State has been published today.

Minister for Justice, Equality and Law Reform Brian Lenihan said the "landmark" Immigration, Residents and Protection Bill 2008 would enable Ireland to manage non-EU inward migration and complement laws governing the free movement of EU citizens.

The clarity and transparency this Bill brings to the whole area of immigration will benefit the State as well as those who want to come to this country and possibly settle here
Minister for Justice Brian Lenihan

The Bill sets out for the first time in statute form the procedures for applying for a visa, and a process for reviewing negative visa decisions.

It also spells out the processes for admission to the State, for obtaining and renewing residence permissions, and for termination renewable residence permits.

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Under the Bill a new status of "long-term resident" has been created whereby those who have at least five years' residence (not including periods as an asylum-seeker or short-term student) may apply and will be granted benefits "generally on a par" with Irish citizens.

According to the Bill the benefits of this status are "an acknowledgement that over time, those who migrate to Ireland contribute increasingly to Irish society and the Irish economy and have earned this status and the stability that it brings".

It also proposes introducing short-term residency permits, either an entry permission (valid for up to 90 days) or a non-renewable residence permit (valid for up to a year).

The Bill plans to bring together into one process the business of determining whether a person who claims refugee status will be permitted to stay in the State.

Mr Lenihan said there was provision in the Bill for meeting the Agreed Programme for Government commitments relating to immigration and asylum.

He said: "When enacted, it will put in place transparent statutory processes for each of the phases in the immigration cycle and will facilitate, for example, the implementation of family reunification schemes as they are developed to meet the prevailing migration needs of the State.

"The clarity and transparency this Bill brings to the whole area of immigration will benefit the State as well as those who want to come to this country and possibly settle here," the Minister said.

Green Party justice spokesman Ciarán Cuffe said he looked forward to "positive engagement" with the Minister during the Bill's passage through the Oireachtas.

"I welcome the fact the bill addresses key commitments in the Programme for Government, providing a legal avenue for long term residency for migrants and bringing legal clarity to the visa application process. I also note Minister Lenihan's commitment to the provision of a transparent system for family reunification," he said.

Opposition parties said they would have to examine the legislation carefully.

The Migrant Rights Centre of Ireland said the Bill seemed to give the Minister the power to "summarily deport a person from Ireland without any right to appeal and that is shocking".

Luke Cassidy

Luke Cassidy

Luke Cassidy is Digital Production Editor of The Irish Times