asylum: leave to remain?

frenchshamrock

hey guys!
i’m new to boards but i was just wondering if anyone had any information on how the laws of the land work when it comes to

an irish citizen sponsoring an asylum seeker who had asylum application rejected however was granted leave to remain on humanitarian grounds.

thanks in advance

ResearchWill

Has the asylum seeker been granted leave to remain or are they applying for same.

frenchshamrock

was granted leave to remian on humanitarian grounds about 3 years ago..an iranian who was to opinionated for his country’s liking and would be presecuted if he returned back there.

just wants the right to work or study or leave this country

ResearchWill

If he was granted leave to remain he has a right to work or study, in relation to travel he would remain a visa required national to visit most other countries.

frenchshamrock

thanks!
ok so he was rejected asylum and is now looking for leave to remain ( he cant work or study, is living in hostel accomadation)..im just realising how little i know about this whole system...
sorry i appreciate any advice.

ResearchWill

Ok I seem to be misunderstanding you, you said he was granted humaterian leave 3 years ago, but now if I understand he is seeking humanitarian leave or subsidiary protection. While awaiting that decision he will have to just wait. He can leave direct provision if someone is willing to provide for him, but he may not work, he may do a course to improve English etc but he is not entitled to a study stamp 2. Also he can not travel abroad without causing issues with his application.

frenchshamrock

ok thanks.
he goes to english classes, he speaks it fluently. so even if someone provided for him the actual waiting process for this remain to leave cant be sped up by anything or anyone else?

ResearchWill

frenchshamrock wrote: »

ok thanks.
he goes to english classes, he speaks it fluently. so even if someone provided for him the actual waiting process for this remain to leave cant be sped up by anything or anyone else?

The waiting process can be years, while the High Court threw out delay cases in other immigration case a few years ago, recent decisions from that court are showing that they may look favorably on the case. But remember the success rate in sub protection and humanitarian leave is low, if the decision goes against him then the next stage is deportation order.

frenchshamrock

maybe this isnt true but from what i can understand, as an iranian citizen they can’t deport him back to his country? so he is under the impression that he is stuck in this country until
a. he gets this remain to leave
b. he kills himself

johnnyskeleton

frenchshamrock wrote: »

maybe this isnt true but from what i can understand, as an iranian citizen they can’t deport him back to his country? so he is under the impression that he is stuck in this country until
a. he gets this remain to leave
b. he kills himself

It's not true. They can deport a non national; to Iran or indeed anywhere else. Whether they will or not is a matter for State authorities in line with their obligations under the geneva convention and other law.

If he has a solicitor or is represented by any other body he should contact them with a view to discussing his options to hurry up the process.

frenchshamrock

thank you

MadsL

johnnyskeleton wrote: »

It's not true. They can deport a non national;

If they are truly a non-national ie:stateless where would you deport them to?

You perhaps meant foreign national?

johnnyskeleton

MadsL wrote: »

johnnyskeleton wrote: »

It's not true. They can deport a non national;

If they are truly a non-national ie:stateless where would you deport them to?

You perhaps meant foreign national?

Non national means not a national of Ireland and is generally meant to also cover non eea nationals. Foreign national could be an eea citizen or even a foreign national who also holds dual citizenship in Ireland. So the term non national is used to distinguish that they are a person without an automatic right of residence in the state.

A stateless person can also be deported, provided it doesn't breach the geneva convention. So, for example, an Eritrean national who is deprived of their rights as a citizen because they are of Ethiopian ethnicity can be sent to ethiopia in certain circumstances. Plus, a deportation order isn't so much a requirement to be sent somewhere in particular, it simply means you have to leave the state.

biko

Try contacting your local refugee support group, for instance
http://www.grsg.ie/ContactUs.html

MadsL

johnnyskeleton wrote: »

Non national means not a national of Ireland and is generally meant to also cover non eea nationals.

Does it now? Or is a ghastly phrase made up by INIS?

Foreign national could be an eea citizen or even a foreign national who also holds dual citizenship in Ireland. So the term non national is used to distinguish that they are a person without an automatic right of residence in the state.

Sorry, what? How does it distinguish? Are you saying a German is not a non-national according to your first definition? Can you not see how pejorative the phrase comes across. Mulatto can be used as a way to describe ethnicity, but carries desperate overtones.

A stateless person can also be deported, provided it doesn't breach the geneva convention. So, for example, an Eritrean national who is deprived of their rights as a citizen because they are of Ethiopian ethnicity can be sent to ethiopia in certain circumstances.

Doesn't win you too many friends on the international stage - lock at Kuwait.

Plus, a deportation order isn't so much a requirement to be sent somewhere in particular, it simply means you have to leave the state.

Or in my experience, a deportation order is 'suggested' in order to make a migrant leave the state.

Dandelion6

MadsL wrote: »

Does it now? Or is a ghastly phrase made up by INIS?

It's actually a common term in an international legal context. Though I share your distaste for it.

"Foreign national", incidentally, is defined in the IRP Bill to mean a non-Irish/non-EEA citizen.

ResearchWill

MadsL wrote: »

Does it now? Or is a ghastly phrase made up by INIS?




Sorry, what? How does it distinguish? Are you saying a German is not a non-national according to your first definition? Can you not see how pejorative the phrase comes across. Mulatto can be used as a way to describe ethnicity, but carries desperate overtones.



Doesn't win you too many friends on the international stage - lock at Kuwait.



Or in my experience, a deportation order is 'suggested' in order to make a migrant leave the state.

Non National is defined as "“non-national” means a person who is not an Irish citizen;" taken from the consolidated Irish Nationality and Citizenship Act, 1956 and 2001 http://www.inis.gov.ie/en/INIS/consolidationINCA.pdf/Files/consolidationINCA.pdf
The definition was inserted by section 2(c) of the 2001 act "
(c) the insertion after the definition of “naturalised Irish citizen” of the following definition:

“‘non-national’ means a person who is not an Irish citizen;”,

While people may or may not like it it is a word with legal definition.

johnnyskeleton

MadsL wrote: »

Does it now? Or is a ghastly phrase made up by INIS?

as Dandelion6 and ResearchWill have stated, it is a word with specific legal meaning. Here is thr immigration act that deals with deportations:

http://www.irishstatutebook.ie/1935/en/act/pub/0014/index.html

expressly excluded are classes of persons Who are not citizens but are entitled to reside here eg English nationals.

Foreign national could be an eea citizen or even a foreign national who also holds dual citizenship in Ireland. So the term non national is used to distinguish that they are a person without an automatic right of residence in the state.

Sorry, what? How does it distinguish? Are you saying a German is not a non-national according to your first definition? Can you not see how pejorative the phrase comes across. Mulatto can be used as a way to describe ethnicity, but carries desperate overtones.

for the purposes of immigration law, yes, a German is not a non-national that can be deported. It's not pejorative, it simply means they are not a national of Ireland. You are blowing it all out of proportion. I'm sure if it said "foreign national" you would complain just as much and want it to read "non-national". But again foreign national can be a misleading phrase because a person having nationality of another country is not the same as their lack of Irish nationality here.

Or in my experience, a deportation order is 'suggested' in order to make a migrant leave the state.

well, yes, if they are here unlawfully. I'm not saying that there aren't circumstances where it could be abused, but that's what court proceedings are for

atkin

There are ways but its just making as ass of the state.I would just say be careful helping someone its a thankless task .They will blame you ,*&^% country etc. Not recommended .
These threads get closed quickly.

atkin

johnnyskeleton wrote: »

It's not true. They can deport a non national; to Iran or indeed anywhere else. Whether they will or not is a matter for State authorities in line with their obligations under the geneva convention and other law.

If he has a solicitor or is represented by any other body he should contact them with a view to discussing his options to hurry up the process.

Not to Greece at present.

johnnyskeleton

atkin wrote: »

johnnyskeleton wrote: »

It's not true. They can deport a non national; to Iran or indeed anywhere else. Whether they will or not is a matter for State authorities in line with their obligations under the geneva convention and other law.

If he has a solicitor or is represented by any other body he should contact them with a view to discussing his options to hurry up the process.

Not to Greece at present.

Is it worth even bothering to explain how you don't understand this issue?