Denis O'Donovan (Fianna Fail)
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I am going to the third Commencement matter before the second. I will ask Senator Colette Kelleher to outline her case. You have four minutes, Senator.

Colette Kelleher (Independent)
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I thank the Minister for coming to the House today. Today I am raising the tragic situation faced by Lilav Mohamed and her family. Lilav fled Syria eight years ago having spent some years in Greece and, before that, in Turkey. Eventually, the family settled in Clones in Ireland. However, Lilav and her family remain separated from her sister, Jihan, Jihan's husband and their two baby daughters. They remain in war-torn Syria.

Due to the overly rigid parameters of the International Protection Act, Lilav and her family have no entitlement to apply to bring her sister and family to Ireland to safety. This is not an isolated case. Other vulnerable people and their families have struggled unnecessarily with our recently-changed system of family reunification. Only last month the Sido family's terrible situation was highlighted in the media and that of lzzeddeen Alkarajeh, who gave a statement to the Joint Committee on Justice and Equality when the committee was undertaking detailed scrutiny on the International Protection (Family Reunification) (Amendment) Bill last February. I have mentioned three personal cases - there are many more - where our more restrictive recent approach to family reunification is causing undue hurt and unnecessary hardship. This is undermining the benefits of refugee status here making it more difficult for people to settle after trauma that we can only imagine.

When the Taoiseach addressed the House recently he said he was open to considering the recommendations of the soon-to-be-published report of the Joint Committee on Justice and Equality on the family reunification Bill. He said that, once properly considered, it is something he would like to support and definitely had an open mind on. I was encouraged by that. More recently, on 19 May, the Taoiseach spoke movingly at the National Famine Commemoration memorial in Sligo. He stated:

I believe the best way we can honour those who suffered and died during the Great Famine is by showing empathy with those who are experiencing similar problems today [like Lilav's family], whether through natural disaster[, war] or oppression. ... We were refugees once and we recall the great compassion and the open doors shown around the world. It is seared on our collective memories as we work to assist today’s refugees.

Humane family reunification processes are part of what we can do to assist today's refugees. It represents real tangible assistance and is consistent with the Irish understanding of family being broad not narrow. The demonstration of empathy to refugees that the Taoiseach commended on 19 May is exactly what Lilav's classmates in Largy College, Clones, have told us about at first hand in Leinster House two weeks ago. The compassion that An Taoiseach commended on 19 May is also demonstrated by the more than 1,000 people in Clones who signed a petition. I hope the Minister will take notice of it.The International Protection (Family Reunification) (Amendment) Bill 2017 passed its final stages in the Seanad in March 2018 with a large majority and passed through Second Stage in the Dáil with an overwhelming majority - 78 to 39. In February, the Joint Committee on Justice and Equality received the Bill for detailed scrutiny and we are expecting a favourable report in the coming weeks. What avenues are available to Lilav Mohamed and her family to apply for family reunification for her sister and her young family? I implore the Minster to consider this particular case and the cases of the Sido and Al Karajah families and to take account of the Taoiseach's own words on refugees fleeing war and oppression and of the International Protection (Family Reunification) (Amendment) Bill 2017. I am eager to engage with him and his Department. I look forward to hearing his response.

Charles Flanagan (Laois, Fine Gael)
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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.

Colette Kelleher (Independent)
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I thank the Minister. I have listened to his response and I commend the Irish refugee protection policy and programme. It is really good. I am part of a community sponsorship programme in St. Luke's myself. I am not sure, however, that the avenues the Minister has outlined will address the desperate situation faced by Lilav's family or that they will satisfy the 1,000 people in Clones who signed this petition. Part of my job today is to hand this petition to the Minister. Neither will these avenues help the Sido or Al Karajah families, which I mentioned. Jwan and Khalil Sido applied to have their family reunited with them in the safety of Ireland. They are entitled to be here. Their parents and two young brothers, both of whom are under 18, were accepted, but their sister Nermin, with whom they could not be closer, was refused because she was over the age of 18. Nermin Sido now remains separated from her family, languishing in Greece. The measures we have do not address that family's situation. Izzadeen Al Karajah, a Palestinian, is living with his wife and children in Cork, having been awarded protected status. He is, however, unable to bring his mother, who is ill, from Palestine. They have housing and he has recently opened a little café called Izz Café. His mother would not be a burden on the State. I ask the Minister to let the International Protection (Family Reunification) (Amendment) Bill 2017 pass. It provides for nothing more than the right to apply for family reunification. It is a modest measure which puts matters on a clearer and firmer footing. I welcome any opportunity to meet the Minister on this matter, noting the Taoiseach's words and the Minister's own bona fides in this regard. This has not been properly heard by the Minister or the Department. I would like him to consider this and to think about the families whose cases I have raised today.

Charles Flanagan (Laois, Fine Gael)
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I stress that a number of factors mus be taken into account when an application for family reunification is being considered. These factors may include, for example, whether the sponsor is an Irish citizen, the immigration status of the person with an entitlement to reside in Ireland, and the closeness of the relationship with the family member. All of these factors are considered, in addition to the sponsor's ability to demonstrate a certain minimum level of earnings. In this way, it is important that family reunification is understood in the wider context of Government policy. Government sets out immigration policy. Everybody accepts that we need to balance the interests of the individual and of the community. As I have stated, economic considerations are an important factor when assessing family reunification cases. The economic benefits that may accrue from migration must be balanced with the costs to the State in terms of education, housing, healthcare and welfare that may arise from family migration. For example, the financial thresholds for those seeking family reunification with an elderly dependant relative will be higher due to the potential burden on State services. What we do in Ireland in respect of policy is in line with the general approach to immigration taken by European countries. In addition to the policy document criteria and legal entitlements for specific categories such as persons granted international protection and those availing of EU free movement, I have also introduced targeted schemes such as the Irish refugee protection humanitarian admission programme and have built family reunification into certain types of immigration commissions I have outlined.I have also introduced targeted schemes such as the Irish refugee protection humanitarian admission programme, as well as building family reunification into certain types of immigration commissions.

I thank the Senator for raising the issue. I am sure we will have the opportunity to return to this at a future date.