Written answers

Thursday, 18 October 2007

Department of Justice, Equality and Law Reform

Common Travel Area

5:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 214: To ask the Minister for Justice, Equality and Law Reform the reason non-EU passengers travelling between the UK and Ireland are required to obtain a re-entry visa every time they enter the State even where they are legally resident in the UK or in Ireland; if his attention has been drawn to the impact that this is having on demand for flights from the airlines travelling to Belfast rather than to the Republic of Ireland as those with resident permits can then re-enter the State from Britain without the need for a re-entry visa or indeed even a passport; and if he will make a statement on the matter. [24514/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy is aware, Ireland and the United Kingdom operate a ''Common Travel Area'' which permits passport free travel for citizens of both jurisdictions if travelling within the Area. The benefit of passport free travel does not apply to persons who are not Irish or British citizens. Nor does the operation of the Common Travel Area do away with the obligation on a visa required person to be in possession of a valid visa when entering the State.

The Immigration Act 2004 (Visas)(No.2) Order 2006 (SI No. 657 of 2006) sets out the classes of persons who are not required to obtain an Irish entry visa. Classes of Non-EEA nationals who are not set out in that Order are required to be in possession of a visa upon arrival in Ireland, regardless of whether that arrival is from within the Common Travel or otherwise. In addition, non-EEA nationals when travelling within the Common Travel Area are subject to the requirement to present to an immigration officer in accordance with section 4 of the Immigration Act 2004. Such persons may be refused permission to enter or be in the State if not in receipt of appropriate documentation, including a visa where so required. The section further provides that a person who enters the State in contravention of certain requirements set out in that section, including the requirement to be in possession of a valid visa where so required, is guilty of an offence.

I am, of course, conscious of the fact that the sharing of a land border within the Common Travel Area can be open to abuse by those seeking to gain illegal entry to the State. The situation in this regard is monitored on an ongoing basis by my Department in consultation with their counterparts in the United Kingdom.

I should also mention that the visa regime generally, including the question of re-entry for certain categories of person with permission to reside in the State, is currently under examination in the context of the forthcoming Immigration, Residence and Protection Bill.

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