PROPUESTAS DE MEJORAMIENTO 1 INTRODUCCIÓN

7.3.1 Facilitation of irregular entry (smuggling)

In January 2017, a number of arrests were made as part of an investigation by An Garda Síochána (Operation Polite) into instances of facilitation of unauthorised entry to Ireland uncovered at Dublin Airport, whereby certain arriving third- country nationals were facilitated to bypass immigration controls and enter Ireland.394,395 _{The investigation into the particular case continued throughout 2017.} The Minister for Justice and Equality undertook to work with the Minister for Transport to review procedures in place, stating: ‘We need to know how this happened and why. Therefore, in light of the seriousness of the situation, I will work with my colleague Minister Ross to review the procedures in place so that the public can have full confidence in the security of our borders.’396

392 _{Irish Times (2017c).}

393 _{Department of Justice and Equality (19 October 2017) Response to Parliamentary Question 44531/17. Available at}

www.justice.ie.

394 _{RTÉ (2017).}

395 _{An Garda Síochána (2018), p. 16.}

396 _{Dáil Éireann (24 January 2017) ‘Topical Issue Debate: The need to address concerns regarding alleged people smuggling}

at Dublin airport. Response by the Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD.’ Available at www.justice.ie.

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7.3.2 Common Travel Area

An initiative between the Irish Garda National Immigration Bureau (GNIB) and the UK immigration service was commenced in 2003 to combat immigration abuses within the Common Travel Area with checks conducted at ports and airports in both jurisdictions.

In Ireland, these checks have been conducted under ‘Operation Sonnet’ with the specific aim of targeting, detecting and preventing illegal immigration into Ireland via the Common Travel Area. These targeted operations are in addition to day-to- day immigration controls.

As a result of two specific days of action in 2017, there were 22 detections for immigration offences.397 _{In addition, An Garda Síochána carries out routine checks} along the border to detect persons attempting to enter the State illegally.

The Minister for Justice and Equality commented:

The continuation of the Common Travel Area is one of the main objectives of the Government in the Brexit negotiations. The key benefits this brings – free movement of people as well as the wider economic benefits – means we must ensure that it is not abused by persons who are not entitled to such free movement. This requires appropriate checks to be made on the land border to maintain the integrity of the Common Travel Area.398

7.3.3 Operation Vantage

As reported in the 2015 report of this series, Operation Vantage was established in August 2015 by the GNIB to investigate illegal immigration and identify marriages of convenience as defined under the Civil Registration Act 2014. The operation involves co-operation with a number of other State agencies including the Irish Naturalisation and Immigration Service (INIS), the Department of Social Protection, the Revenue Commissioners, the Office of the Director of Corporate Enforcement and the Workplace Relations Commission. The operation focuses on the prevention of immigration abuses, including abuse of free movement though the facilitation of marriages of convenience. It is specifically targeted at those engaged in organised facilitation of marriages of convenience for financial gain. It also focused on those who seek to gain immigration status by engaging in such arranged

397 _{An Garda Síochána (2018), p. 16.}

398 _{Seanad Commencement Matter (31 January 2018) ‘The need for the Minister for Justice and Equality to outline how}

many Garda “emigration checkpoint stops” were made along the border in the two years previous to the Brexit referendum and to further outline the number of stops made since the referendum in June 2016.’ Speeches. Available at www.inis.gov.ie.

marriages.399 _{Under the operation, past cases are also being reviewed with a view} to revoking immigration permissions that may have been fraudulently obtained.400 In 2017, 31 arrests were recorded under Operation Vantage. In addition, a number of agents who sought to exploit the immigration system between the United Kingdom and Ireland were investigated. According to An Garda Síochána, ‘a joint criminal investigative response continues to form part of our ongoing commitment to protect the immigration legislation and policies between both jurisdictions’.401 A Europe-wide investigation, coordinated by Europol, is ongoing into the problem of ‘sham marriages’. An Garda Síochána reported that ‘Ireland is working closely with seven other police services across Europe to tackle this abuse’.402

As part of Operation Vantage, the INIS EU Treaty Rights Investigation Unit investigates applications for residence cards by non-EEA national family members of EU citizens who are exercising free movement rights under the EU free movement directive (2004/38/EC). INIS report that almost 1,700 applications for residence cards have been reviewed, and 1,050 of these investigations have been finalised.403 _{These completed investigations resulted in a combined revocation or} refusal rate of 92%. INIS also reported a near 250% increase in the number of revocations in 2017 over 2016.404

7.3.4 Undocumented migrants

The issue of regularisation of undocumented migrants continued to be discussed during 2017. As reported for 2016, the Migrant Rights Centre of Ireland (MRCI) had published research on undocumented migrants in Ireland in May 2016, and this issue had been considered by the Oireachtas Joint Committee on Justice and Equality in November 2016.405 _{The Committee published its report in June 2017. It} recommended that the Minister for Justice and Equality:

introduce a time-bound scheme, with transparent criteria, to regularise the position of undocumented migrants in Ireland. Such a scheme would give undocumented migrants a window of opportunity to come forward, pay a fee and regularise their situation. Given the urgency of addressing this situation, the scheme should be introduced, initially at least, on an

399 _{Sheridan and Whelan (2016) (online version), p. 94.} 400 _{Irish Naturalisation and Immigration Service (2018a), p. 34.} 401 _{An Garda Síochána (2018), p. 16.}

402 _Ibid.

403 _{Irish Naturalisation and Immigration Service (2018a).} 404 _{Ibid., p. 21.}

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administrative basis rather than through legislation. Applications should be administered on a case-by-case basis.406

In October 2017, the Minister for Justice and Equality said that, in light of the publication of the Committee’s report, he had asked officials to examine if any of the recommendations could be acted on further. However, this was in the context of public policy considerations and international obligations which he outlined – including cost to public services; possible impact on the Common Travel Area in the context of Brexit; and the commitment of all EU Member States, in the European Pact on Immigration and Asylum of 2008, to only examine regularisation on a case-by-case basis.407

The Irish Refugee and Migrant Coalition (IRMC) also recommended, in its policy document Pathways to Protection and Inclusion, that the Irish Government introduce a regularisation scheme for undocumented migrants.408