The Minister for Justice has issued a Travel Confirmation Notice for persons residing in the State as beneficiaries of the Temporary Protection Directive.
The EU Temporary Protection Directive was activated in March 2022 in response to the conflict in Ukraine granting persons fleeing the war in Ukraine permission to reside in Ireland for one year initially. This was recently extended for a further twelve months by the Minister for Justice to the 4th of March 2024.
Holders of Temporary Protection are issued with a Temporary Protection Certificate (a yellow letter) when granted their Temporary Protection.
The Minister for Justice issued a Travel Confirmation Notice on the 12th of April 2023 which confirms that Ukraine nationals, or other non-visa required nationals who are the holders of an expired Temporary Protection Certificate and who intend to travel with the intention of re-entering the State, can do so using their expired Temporary Protection Certificate.
Holders of Temporary Protection Certificates who are citizens of countries which require a visa to enter the Republic of Ireland are directed to contact temporaryprotection@justice.ie to ensure that they have the necessary documentation to re-enter Ireland. No clarification is provided in the notice as to what exactly this necessary documentation is.
Sinnott Solicitors analysis
Whilst the notice provides clarity to holders of Temporary Protection Certificates regarding travel to and from the State, the current situation is unsatisfactory, particularly having regard to the differential treatment between visa required and non-visa required/Ukrainian nationals.
We refer to Section 9 of the Immigration Act 2004 (as Amended) which requires non-nationals to register their permission to remain in the State “As soon as may be” with their local Immigration Officer. This is a legal requirement applicable to all non-EEA nationals residing in the State.
We submit that it is the legal obligation of the Minister for Justice to open the register of non-nationals in the State to allow all holders of Temporary Protection Certificates to register in the same manner as other non-EEA nationals and to notify all TPC holders of this process. Whilst some TPC holders have been permitted to register, the continued failure of the Minister for Justice to facilitate a full registration process is unlawful and a clear breach of the Immigration Act 2004 (as amended).
We note that the Immigration Service Delivery website posted a notice which was updated on the 6th of January 2023 which states as follows:
“The Department of Justice is putting in place the arrangements for the registration of the permission and information will be provided to you at the appropriate time. The Department is taking all necessary steps to ensure that the registration process will be as simple and stress free as possible for you.”
We further note that the Notice of Extension of Temporary Protection Permissions which issued on the 16th of February 2023 refers to holders of both Temporary Protection Certificates and Irish Residence Permits however no further information has been provided regarding the registration process for Temporary Protection Certificate holders since the announcement of the above two notices. We submit that immediate action should be taken by the Minster for Justice to facilitate the registration process for all Temporary Protection Certificate holders.
A number of clients of Sinnott Solicitors Dublin and Cork who are the holders of Temporary Protection Certificates have been allowed to register their permission to remain following representations by this office. These clients and have been issued with Irish Residence Permits, and we submit that this should be the case for all Temporary Protection Certificate holders residing in the State as per the legal requirements clearly set out in the Immigration Act 2004 (as amended).
Sinnott Solicitors Dublin and Cork have a specialist team of Immigration Solicitors and Immigration Consultants located in both of offices who are experts on Irish visas and all Irish immigration matters. Should you have any queries with respect to any of the information contained in this article or any other immigration matters, do not hesitate to contact our immigration department in Dublin or Cork today on 014062862 or info@sinnott.ie.
