Oireachtas Joint and Select Committees

Wednesday, 11 July 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Immigrant Investor Programme and International Protection Applications: Discussion

9:00 am

Mr. Brian Merriman:

It is important to note there is the non-EEA policy document. If one runs out of time to get one's family reunified, there are other means open. Everybody confines the discussion to the family reunification provisions of the Act, which are, as the director general has said, much more generous and facilitative than those of many of our European counterparts. One gets a year after the final decision to apply for family reunification. Beyond that, applicants can use the non-EEA policy document which will allow people to come to visit them.

That is underused. In respect of law, there has been a lot of discussion about prescribing things in law. That limits the discretion the Minister may have. We are all hearing of specific cases in respect of people coming from war-torn areas and areas of conflict that law would not address but which discretion would. Ireland is pretty unique at this stage in coming forward with the Irish humanitarian admissions programme, IHAP, under which the Minister may exercise his discretion in respect of people who are beyond that 12-month limit or who are not covered by the International Protection Act 2015 such as, for example, grandparents who have been left in war-torn areas or orphaned nieces or nephews who are not qualified under the International Protection Act. They are now qualified under IHAP and the Minister is in a position to use his discretion in that regard. That is a unique and welcome development in our approach to these serious humanitarian issues that are brought to our attention.

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