Thursday, 2 February 2006
An examination of the documents submitted in support of this application referred to by Deputy Broughan indicates that the person concerned originally entered the State in 1994 on the basis that her father was employed by the Turkish Embassy in Dublin. Part of his duties with the embassy included the delivery of evening courses in Turkish language and culture at Trinity College. As the individual's salary was paid by the Turkish Embassy, he was not registered as belonging to the Irish labour force.
The person who is the subject of this question was permitted to remain in the State while her father was in the employment of the Turkish Embassy. When her father's assignment with the Turkish Embassy ceased in late 1997, she sought and was granted permission to remain for study purposes until October 1998. Since that date, the person in question left the State and re-entered at different times on study, employment and C-visit visas and was granted permission to remain on various occasions on student, work permit and visitor conditions.
An application for permission remain pursuant to Article 7 of the Turkish Association Agreement was submitted to the immigration division of my Department but as no evidence was provided to indicate that her father was duly registered as belonging to the labour force of this State, the application in question was rejected.
It is noted from documentation submitted to the immigration division of my Department that the person concerned most recently entered the State on foot of a C-visit visa on 4 October 2004. These visas are issued for a maximum of 90 days and individuals in possession of this type of visa cannot have their permission to remain in the State extended. It is understood also that the individual concerned is registered as being in employment but without an employer having first obtained a valid work permit.
The person concerned is, therefore, illegally resident in the State and must leave the State and re-apply should she wish to return. Her new visa application should include the purpose and duration of her intended stay. It is open to her to get an employer to secure a work permit on her behalf which, if granted, would enable her to commence a period of legal residence in the State.
As the Minister outlined, this situation goes back to 1992 when the young woman's father, Mr. Selcuk Dulkadiroglu, came to Ireland and worked in the Turkish Embassy. In 1994, he then transferred to Trinity College and worked as a lecturer there for five years. His daughter came to Ireland as a young girl in 1994, attended Oatlands College secondary school, went on to study at University College Dublin, qualified, entered the Irish workforce and travelled to and from Turkey. In the meantime, her father returned to Turkey following the termination of his course at Trinity College in 1998 and is now mayor of a large city in Turkey. The young woman has been granted temporary residence permits over a period and faces the same situation again.
Why was her father not considered to be part of the Irish labour force during the five years in which he worked for Trinity College? If he had been recognised as a member of the Irish labour force, it would have entitled her to residency. I have letters from Trinity College describing her father's work. One letter certifies that: "Mr. Selcuk Dulkadiroglu who has been teaching our Introduction to the Turkish Language and Culture course since its inception in 1992, is again teaching the course in the 1996-97 school year".
The young woman's father was not, for the reasons I outlined earlier, an employee of Trinity College. He was attached to the Turkish Embassy and employed and paid by the Turkish State to deliver lectures in Turkish language and culture in Trinity College. That is the information I have. He was not an employee of Trinity College.
He was not as a matter of law part of the workforce. It is very well to raise a particular question such as this in the Dáil on this occasion, but I contrast it to the suggestion that the Labour Party has seen the light with regard to displacement of labour. The Labour Party last August commented on a proposed new scheme under which 15,000 non-EU citizens per annum would come into this country to work.
The Deputy knows that this woman has been back and forth to Turkey. She is in this country on a 90-day visa. As far as the law is concerned, what I am stating is correct, and the law is very clear. If she returns to Turkey, gets a job in Ireland with an employer who is entitled to have a work permit for her——