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Handbook on Immigration and Asylum in Ireland 2007 RESEARCH SERIES NUMBER 5 OCTOBER 2008 HANDBOOK ON IMMIGRATION AND ASYLUM IN IRELAND 2007 EMMA QUINN JOHN STANLEY CORONA JOYCE PHILIP J. O’CONNELL This paper is available online at www.esri.ie The Economic and Social Research Institute (Limited Company No. 18269). Registered Office: Whitaker Square, Sir John Rogerson’s Quay, Dublin 2. Price €50.00 (Special rate for students, €25) Emma Quinn and Corona Joyce are Research Analysts at the Economic and Social Research Institute (ESRI). John Stanley is a practising barrister. Philip O’Connell is a Research Professor and Head of Social Research at the ESRI. The paper has been accepted for publication by the Institute, which does not itself take institutional policy positions. ESRI Research Series Reports are peer reviewed by ESRI research colleagues. Accordingly, the authors are solely responsible for the content and the views expressed. RESEARCH SERIES NUMBER 5 OCTOBER 2008 HANDBOOK ON IMMIGRATION AND ASYLUM IN IRELAND 2007 EMMA QUINN JOHN STANLEY CORONA JOYCE PHILIP J. O’CONNELL © THE ECONOMIC AND SOCIAL RESEARCH INSTITUTE DUBLIN, 2008 ISBN 0 7070 0274 5 OUTLINE TABLE OF CONTENTS LIST OF ABBREVIATIONS AND IRISH TERMS xii PREFACE xiv 1. INTRODUCTION 1 2. STATISTICS 3 3. POLICY 21 4. LEGISLATION 33 5. CASE LAW 131 6. ORGANISATIONS, AGENCIES AND INSTITUTES 251 7. RESEARCHERS, RESEARCH INSTITUTES AND RESEARCH PROGRAMMES 293 8. RESEARCH PUBLICATIONS 327 REFERENCES 339 APPENDICES 343 INDEX OF CASE LAW 361 iv TABLE OF CONTENTS LIST OF ABBREVIATIONS AND IRISH TERMS xii PREFACE xiv 1. INTRODUCTION 1 2. STATISTICS 3 2.1 Some Conceptual Issues 3 2.2 Irish Migration Statistics 4 2.2.1 Flow data 5 2.2.1.1 Global Migration Estimates 5 2.2.1.2 Employment Permit Data 10 2.2.1.3 Statistics on Asylum Applicants 12 2.2.2 Stock data 15 2.2.2.1 Census 2006 15 2.2.2.2 Quarterly National Household Survey 18 2.3 Summary of Trends 20 3. POLICY 21 3.1 Revised Employment Permits Scheme 22 3.2 Accession, Displacement and Employment Rights 23 3.3 Habitual Residency Condition 24 3.4 Non-EEA Students 25 3.5 Citizenship 26 3.6 Family Reunification 27 3.7 Integration Policy Development 28 3.8 Anti-Racism/Discrimination 28 3.9 Irish Naturalisation and Immigration Service 29 3.10 Asylum Procedures 30 3.11 Publication of Asylum Appeal Decisions 32 4. LEGISLATION 33 4.1 Irish Immigration and Asylum Legislation 33 4.1.1 Immigration 34 4.1.1.1 Aliens Act 1935 and S.I. Aliens Order 1946, 1975 34 4.1.1.2 Irish Nationality and Citizenship Acts 1956 – 2004 34 4.1.1.3 S.I. No. 393/1977: European Communities (Aliens) Regulations 1977 35 4.1.1.4 S.I. No. 57/1997: European Communities (Right of Residence of Non Economically Active Persons) Regulations 1997 35 4.1.1.5 Immigration Act 1999 36 v 4.1.1.6 Criminal Justice (United Nations Convention Against Torture) Act 2000 36 4.1.1.7 Illegal Immigrants (Trafficking) Act 2000 37 4.1.1.8 Immigration Act 2003 38 4.1.1.9 S.I. No. 445 of 2003, Immigration Act 2003 (Approved Ports) Regulations 2003 39 4.1.1.10 S.I. No. 446 of 2003, Immigration Act 2003 (Removal Direction) Regulations 2003 39 4.1.1.11 S.I. No. 447 of 2003, Immigration Act 2003 (Carrier Liability) Regulations 2003 39 4.1.1.12 Employment Permits Act 2003 39 4.1.1.13 European Convention on Human Rights Act 2003 39 4.1.1.14 Immigration Act 2004 41 4.1.1.15 Social Welfare (Miscellaneous Provisions) Act 2004 42 4.1.1.16 Twenty-Seventh Amendment of the Constitution Act 2004 42 4.1.1.17 S.I. No. 55 of 2005 - Immigration Act 1999 (Deportation) Regulations 2005 42 4.1.1.18 S.I. No. 56 of 2005 - Immigration Act 2003 (Removal Places of Detention) Regulations 2005 42 4.1.1.19 Criminal Justice Act 2006 42 4.1.1.20 Employment Permits Act 2006 43 4.1.1.21 European Communities (Amendment) Act 2006 43 4.1.1.22 S.I. No. 656 of 2006 European Communities (Free Movement of Persons) Regulations 2006 43 4.1.1.23 S.I. No. 683 of 2006 Employment Permits Act 2006(Prescribed Fees and Miscellaneous Procedures Regulations 2006 44 4.1.1.24 Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 44 4.1.1.25 Update: Immigration, Residence and Protection Bill 2008 45 4.1.2 Racism and Discrimination 48 4.1.2.1 Prohibition of Incitement to Hatred Act 1989 48 4.1.2.2 Employment Equality Act 1998 49 4.1.2.3 Equal Status Acts 2000 – 2004 49 4.1.2.4 Equality Act 2004 49 4.1.3 Human Trafficking 50 4.1.3.1 Child Trafficking and Pornography Act 1998 50 4.1.3.2 Illegal Immigrants (Trafficking) Act 2000 50 4.1.3.3 Update: Criminal Law (Human Trafficking) Act 2008 50 4.1.3.4 Update: Immigration, Residence and Protection Bill 2008 51 4.1.4 Asylum and Protection 52 4.1.4.1 Refugee Act 1996 52 4.1.4.2 Immigration Act 1999 54 vi 4.1.4.3 Illegal Immigrants (Trafficking) Act 2000 54 4.1.4.4 S.I. No. 343/2000: Dublin Convention Implementation) Order 2000 54 4.1.4.5 European Convention on Human Rights Act 2003 55 4.1.4.6 Immigration Act 2003 55 4.1.4.7 S.I. No. 422 of 2003: Refugee Act 1996 (Safe Countries of Origin) Order 2003 56 4.1.4.8 S.I. No. 423 of 2003: Refugee Act 1996(Section 22) Order 2003 57 4.1.4.9 Social Welfare (Miscellaneous Provisions) Act 2003 57 4.1.4.10 S.I. No. 714 of 2004: Refugee Act 1996 (Safe Countries of Origin) Order 2004 57 4.1.4.11 S.I. No. 518 of 2006: The European Communities Eligibility for Protection) Regulations 2006 57 4.1.4.12 Update: Proposed Immigration, Residence and Protection Bill 2008 58 4.2 EU Immigration and Asylum Legislation 64 4.2.1 Immigration 66 4.2.1.1 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals 66 4.2.1.2 Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals 66 4.2.1.3 Directive 2003/86/EC of 22 September 2003 on the right to family reunification (“The Family Reunification Directive”) 67 4.2.1.4 Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents 68 4.2.1.5 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States ("The Citizenship Directive") 70 4.2.1.6 Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service 73 4.2.2 Racism and Discrimination 74 4.2.2.1 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (“The Race Directive”) 74 4.2.2.2 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation 75 vii 4.2.3 Human Trafficking 76 4.2.3.1 Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings 76 4.2.3.2 Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography 78 4.2.3.3 Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities 79 4.2.4 Asylum and Protection 80 4.2.4.1 Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention 80 4.2.4.2 Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof 81 4.2.4.3 Directive 2003/9/EC of 27 January 2003 on minimum standards for the reception of asylum seekers (“The Reception Directive”) 82 4.2.4.4 Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national (“The Dublin Regulation”) 84 4.2.4.5 Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted “The Qualification Directive”) 86 4.2.4.6 Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (“The Procedures Directive”) 90 A4.1 Appendix: Schedule of EU Legal Instruments 94 A4.1.1 Immigration 94 A4.1.2 Asylum 102 A4.2 Appendix: Schedule of International Instruments Impacting Irish Immigration and Asylum Law 110 A4.2.1 United Nations Conventions 110 A4.2.2 Council of Europe 125 viii A4.2.3 European Union 129 5.
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