Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Senator for agreeing to the timing of this Commencement matter. I know that she was anxious to raise this issue at a time mutually convenient to both of us and I acknowledge her co-operation in that regard. I am pleased to engage with the Upper House on overall policy but Senators will be aware and will appreciate that it is not appropriate for me to discuss individual cases or personal cases as described by Senator Kelleher. I have listened to what she had to say and I have taken careful note of her commentary.

As set out in the non-EEA family reunification policy document published by the Irish Naturalisation and Immigration Service, INIS, the immigration permission granted to successful applicants under the policy takes into account both the status of their sponsor and the relationship of the applicant to the sponsor. Family reunification is facilitated as much as possible for persons who meet the criteria set out under the policy, all other things being equal. We recognise the importance of family reunification for the individuals who benefit from it and also for the community as a whole as family reunification helps integration, which is important for broader society. However, it goes without saying that there is a balance to be struck and there are limits within which the family reunification policy may apply. Generally speaking, decisions on family reunification will depend on both the immigration status of the person with an entitlement to reside in Ireland, usually called the sponsor, and the closeness of the relationship with the family member. The policy also draws a distinction between sponsors who are Irish nationals and those who are not with the aim of facilitating family reunification as much as possible. For non-EEA sponsors, realistic criteria are set out, such as higher income thresholds that reflect the need for the family to support themselves and not to become a burden on the State in any way.

Like most states, when considering inward migration, Ireland considers the implications for various services including education, housing, healthcare, welfare and so forth. The sponsor must show evidence that they can provide for the basic need of the family members if they are permitted to come to Ireland.

For the reasons set out, the requirements for Irish nationals sponsoring family members and the requirements for non-EEA national sponsors seeking family reunification often differ. The criteria also differ depending on the closeness of the relationship of the sponsor, that is, whether a spouse, child, parent, or other relative. Separate from the criteria set out for persons under the policy document, there are other categories of non-EEA nationals who are eligible by legal entitlement to be a sponsor for family reunification. This includes, in particular, persons granted international protection and those with entitlements under the EU free movement directive.

It is important to retain and use ministerial discretion in the area of policy. From time to time I have used my discretion to introduce new schemes under humanitarian admission programmes or as part of wider immigration polices. For example, Senators will be aware I introduced the Irish refugee protection programme humanitarian admission programme 2 last year to provide humanitarian admission to Ireland for 530 eligible family members of Irish citizens and those with protection status in Ireland. The first open calls for proposals ran from 14 May to 30 June 2018. The second call for proposals ran from 20 December to 8 February this year. I expect all 530 places under the programme to be filled.

Discretionary measures in the wider immigration context tend to relate to those coming to Ireland for a particular purpose who may wish to bring immediate family members with them, for example researchers, approved scholarship programme students, intra-corporate transferees, PhD students, full-time non-Iocum doctors in employment, critical skills employment permit holders, investors, and entrepreneurs.

In summary, the procedures and rules for family reunification are set out in some detail by INIS. They aim to strike an appropriate balance between the rights and expectations of the sponsor and the obligations of the State to manage immigration. I thank the Senator for raising the issue. I note what she said about the Taoiseach's speech and about a joint committee report.