Irregular Migration in Ireland Philip J O Connell

Transcription

1 Irregular Migration in Ireland Philip J O Connell Presentation to Research Conference Documenting Irregular Migration 8th December 2011 The Convention Centre Dublin

2 Context Small island on the north-west periphery of Europe Irregular migration on a limited scale Many irregular migrants are over-stayers - entering legally but remaining illegally Flow is largely driven by work prospects

3 Who are irregular migrants? 1. Over-stayers main source Work permit holders and students 2. Unsuccessful asylum applicants with deportation orders outstanding 3. Persons who enter illegally Additional categories: Persons entitled to reside in Ireland, working illegally Persons here legally but by fraudulent means: marriages of convenience registration as spouse using treaty rights

4 Practical approaches to irregular migration Pre-entry E-visa; Advanced passenger information Intelligence gathering Entry Automated Fingerprint Information System (AFIS) Documents: I24/7 Interpol databases FADO new EU image archiving system In jurisdiction Data sharing within the State. Newly established Central Investigations Unit (INIS) Checks on PPSN allocations, social welfare payments

5 Common Travel Area Increased co-operation in last decade Policing the land border: Operation Gull Data sharing exercises Visas cooperation with UK Border Agency At border passport swipe can access adverse immigration history in UK Fingerprint checking/matching: Visa applicants Applicants for leave to remain/subsidiary protection

6 Non-EU Nationals Found to be Illegally Present Not a measure of the total, these relate to persons apprehended or came to attention of authorities Source: Eurostat

7 Nationality of Those Deemed to be Evading Deportation Orders 2005 N= N= 6182 Others Sierra Leone Ukraine Kosovo Russia Poland Algeria Moldova China Romania Nigeria Others Albania Brazil Ukraine Kosovo Russia Algeria Georgia Moldova China Nigeria Source: INIS

8 Indicators of Flows into Irregular Migration 1. Deportation Orders Year Issued Enforced Not Enforced Total Several hundred refused asylum seekers on Direct Provision with deportation orders who cannot be removed due to e.g: a) pending judicial review; b) parent of child in asylum system; or c) no documents Source: INIS

9 Estimating the Number of Irregular Migrants Clandestino: 30,000 to 62,000 in Ireland in 2008 No official Irish estimate EMN Ireland study: Not possible on basis of current population data Estimates await publication of detailed population X nationality from Census 2011

10 Illegal Working National Employment Rights Authority Employment rights compliance Active focus on migrant workers in 2011 Key areas: o Romanian nationals working without work permit o Students working longer hours than permitted o Asylum seekers working while case is pending Persons found working in breach of employment permits legislation must stop working and apply for work permit NERA cannot seek to defend the rights of persons working illegally - would be enforcing an illegal contract However employer is still bound by employment law and may be prosecuted under relevant legislation (e.g. Minimum Wage Act)

11 NERA Inspections (Preliminary Indicators: ) Total employers inspected: 441* In breach of Employment Permit Acts: 88 (20%) Romanians working illegally: 77 (36%) Bulgarians working illegally: 8 (4%) Asylum seekers working illegally: 19 (9%) Students working excess hours: 31 (15%) Other migrants working illegally 77 (36%) * Limited timeframe, select, non-random sample of employers

12 Future Policy Changes Immigration, Residence and Protection Bill Introduction of binary distinction between lawful and unlawful presence in the State Unlawful presence entails immediate and continuing obligation to leave Restriction of services to those lawfully in the State Education, emergency medical services exempt. Restrict access to services that provide economic support to irregular migrants Employment, social welfare, licences etc Increased information sharing between service providers e.g. health Remove potential for an irregular migrant to benefit from a marriage of convenience Registration of under 16s

13 Discussion Balance between legitimate exercise of control over access to national territory and rights of residents in a democratic society: Employment Equal working conditions, access to law, social welfare Separation of immigration control from protection of labour standards Health Access to essential healthcare more than emergency provision Who pays given fiscal crisis? Separation of immigration control from access to health care Education Free access for children to what level? Separation of immigration control from access to education o Requirement of birth cert for educational certification Travel Control vs convenience

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