Written answer at the Dail of the minister for justice, equality and law reform

On November 10th, the minister for justice, equality and law reform, Dermot Ahern TD (Fianna Fail) gave  the following written answers for the question 285 of  Charles Flanagan TD (Fine Gael) :

Question 285: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that citizens of the Republic of Mauritius may visit 27 EU countries, including the UK and Ireland, without applying for and being granted a visa; if he will make a statement on the position regarding same and the proposals and changes to the current regime. [40505/09]

(..)

Visa and pre-entry clearance systems are at the core of immigration controls and the inclusion of nationalities on lists of persons who require visas is usually the result of experience regarding the nationalities concerned. There are currently over 5,000 Mauritian nationals registered with the Garda National Immigration Bureau, mostly as students. Taking the population of Mauritius as being approximately 1.25 million this means that one in every 250 Mauritian nationals is in Ireland.

(..)

The written answer given by the minister for justice, equality and law reform was the same one given by the press office of the department of justice, equality and law reform on November 5th 2009.

The answer given by the minister for justice, equality and law reform is not satisfying. It failed to give the  real reasons  of his department to impose a new visa requirement and to justify why the Republic of Ireland will be the only country in the European Union to require a visa for citizens of Mauritius.

On Kildastreet.com, a poll is organized to vote on the answer of the question 285 : “Does this answer the above question ?” Definitely not!

46 (fourty six)

46 is the number of citizens of Mauritius who were granted in 2009 a work permit  in South Ireland (ROI). 6698 is the total number of people who were granted in 2009  a work permit in South Ireland (ROI). The proportion of work permits for citizens of Mauritius on all work permits granted is 0,7%.

In 2008, 2007 and 2006 the proportion was 0,4%, 0,3% and 0,2% (59 on 13567, 67 on 23604 and 48 on 24854).

Source : department of entreprise, trade and employment

11 (eleven)

11 is the number of people claiming to be citizens of Mauritius, who applied in 2009 for asylum in South Ireland (ROI). 2151 is the total number of people who applied in 2009  for asylum in South Ireland (ROI). The proportion of applicants claiming to be citizens of Mauritius on all applicant is 0,5%.

In 2008 and 2007, the proportion was also 0,5% (19 on 3866 and 19 on 3885). In 2006, there was no application  from people claiming to be citizens of Mauritius.

Source : department of justice, equality and law reform and office of the refugee applications commissioner.

ammado.com

More news on the new visa requirement for South Ireland (ROI)

The news of the visa requirement for South Ireland was first published on October 15th 2009 on the new forum of Mauritians in Ireland by Group Nuzil. Group Nuzil is broadcasting online a radio and organizing parties for the Mauritian community in Ireland.

This news was a surprising one . On February 6th 2009, UK Borders announced that Mauritius will remain on the list of visa-free country for stay up to 6 months in the United Kingdom (including North Ireland) after having passed the “Visa Waiver Test“. On May 28th 2009, the Agreement between EC and Mauritius was signed, allowing citizens of Mauritius to access all of EC countries without a visa for stay up to 3 months. UK and ROI were not part of the EC Agreement.

If the news was surprising, the reasons for this change given by the press office of the department of justice, equality and law reform is even more surprising :

What the rationale for this change to the Schedule 1 of the SI 239 ?

Visa and pre-entry clearance systems are at the core of immigration controls and the inclusion of nationalities on lists of persons who require visas is usually the result of experience regarding the nationalities concerned.  There are currently over 5000 Mauritian nationals registered with the Garda National Immigration Bureau, mostly as students.  Taking the population of Mauritius as being approximately 1.25 million this means that 1 in every 250 Mauritian nationals is in Ireland.

The decision was not justified by a review of the percentage of Mauritians overstaying their visit of 3 months, working illegally, making bogus asylum claim or engaging in criminal activities in South Ireland.  It is the mere presence of 5,000 citizens of Mauritius studying and working legally in South Ireland which justify this new visa-requirement for the department of justice, equality and law reform.

The love affair of Mauritians with South Ireland was one-sided and is now over.

Breaking news : Visa required for South Ireland (ROI)

The Irish Naturalisation and Immigration Service (INIS) of the Republic of Ireland stated on its website :

As and from 1 January 2010 nationals of Mauritius will be subject to an Irish visa requirement.

The departement of justice, equality and law reform and INIS of the Republic of Ireland didn’t issue any press release and don’t want to comment on this new requirement for citizens of Mauritius. The Ministry of Foreign Affairs of Mauritius is refusing to comment on this issue.

Citizens of  Antigua and Barbuda, The Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, the Seychelles can currently travel without visa or registration to South Ireland (Republic of Ireland) for visit up to 3 months. and to North Ireland (United Kingdom) for visit up to 6 months. United Kingdom (UK) and Republic of Ireland (ROI) are not participating in the visa waiver Agreements between EC and 6 Islands.

“No passport” campaign extended

The  “No passport” campaign of the Mauritius Tourism Promotion Authority is extended for French citizen from November 30th 2009 to June 30th 2010.

No extension is granted for Italian citizens who will be required to carry their passport instead of identity card beginning December 1st 2009.

EP approved the 6 Agreements

On September29 th the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament discussed the reports of Simon BUSUTTIL on the 6 Agreements.

www.dailymotion.com/video/xb1auz_debate-ep-visa-waiver-agreements-ec_news

On September 30th the Committee voted for the reports . The 6 following reports were adopted :

• Antigua and Barbuda (40 for 2 against).
• the Bahamas (41 for 2 against).
• Barbados (39 for 1 against).
• Mauritius (39 for 1 against 1 nil).
• Saint Kitts and Nevis (36 for 2 against).
• the Seychelles (38 for 2 against).

The European Parliament (EP) then discussed in plenary session on October 19th 2009 :

The European Parliament approved them on October 20th 2009.

New date for the review of the 6 Agreements by EP

The European Parliament (EP)  will review the 6 Agreements in plenary sitting on October 19th 2009.

Here is one of the extract of the 6 draft legislative resolutions of the EP.

on the proposal for a Council decision on the conclusion of the Agreement between the
European Community and the Republic of Mauritius on the short-stay visa waiver

The European Parliament (..)

1. Approves the conclusion of the Agreement;
2. Instructs its President to forward its position to the Council and the Commission, and to
the governments and parliaments of the Member States and of Mauritius.

The 6 Agreements scheduled to be reviewed by the EP

The 6 Agreements have been provisionally applied from the date of  their signatures  on May 28th 2009 pending the  ratification by the 6 countries and the EC.

For the EC the ratification process involve a consultation of the European Parliament (EP).

Article 4 The Agreement shall be applied on a provisional basis as from the date of signature thereof, pending the completion of the procedures for its formal conclusion.

Article 8 1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.

The 6 Agreements between EC and the 6 islands are scheduled to be examined by the European Parliament  (EP) on October 7th 2009 in plenary sitting.

You can follow the whole process with the observatory tracker of the European Parliament for the Agreements between EC and.. :

• Antigua and Barbuda
• the Bahamas
• Barbados
• Mauritius
• Saint Kitts and Nevis
• the Seychelles

The plenary sitting debate will be transmitted live on the European Parliament website.

Schengen Information System (S.I.S)

The Schengen Information System (S.I.S) was established by the Schengen aquis-Convention implementing the Schengen Agreement of 14 June 1985.

Any third country nationals may be refused entry to EC if they have an alert on the S.I.S under article 96 of the Convention.

Article 96

1. Data on aliens for whom an alert has been issued for the purposes of refusing entry shall be entered on the basis of 22.9.2000 EN Official Journal of the European Communities 43 national alert resulting from decisions taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law.

2. Decisions may be based on a threat to public policy or public security or to national security which the presence of an alien in national territory may pose.

This situation may arise in particular in the case of:

(a) an alien who has been convicted of an offence carrying a penalty involving deprivation of liberty of at least one year;

(b) an alien in respect of whom there are serious grounds for believing that he has committed serious criminal offences, including those referred to in Article 71, or in respect of whom there is clear evidence of an intention to commit such offences in the territory of a Contracting Party.

3. Decisions may also be based on the fact that the alien has been subject to measures involving deportation, refusal of entry or removal which have not been rescinded or suspended, including or accompanied by a prohibition on entry or, where applicable, a prohibition on residence, based on a failure to comply with national regulations on the entry or residence of aliens.

If you have been refused entry to EC due to an alert article 96 on the S.I.S or if you are planning a travel to EC and wish to verify if you have an alert on the S.I.S, you have the right to access your data in the S.I.S under article 109 of the Convention.

Article 109

1. The right of persons to have access to data entered in the Schengen Information System which relate to them shall beexercised in accordance with the law of the Contracting Party before which they invoke that right. If national law so
provides, the national supervisory authority provided for in 46 EN Official Journal of the European Communities 22.9.2000 Article 114(1) shall decide whether information shall be communicated and by what procedures. A Contracting Party which has not issued the alert may communicate information concerning such data only if it has previously given the Contracting Party issuing the alert an opportunity to state its position.

To exercice that right you can contact the competent authority of one of the 25 countries of your choice regardless of your country of residence or the country which refused you entry :

1. Austria (within 60 days)
2. Belgique
3. Bulgaria
4. Czech Republic
5. Danemark
6. Estonia
7. Finland
8. France (within 120 days)
9. Germany
10. Greece
11. Hungary
12. Iceland
13. Italy
14. Latvia
15. Lithunia
16. Luxembourg
17. Netherlands
18. Norway
19. Poland
20. Portugal
21. Slovakia
22. Slovenia
23. Spain
24. Sweden
25. Switzerland (within 30 days)

The competent authority is the national data controller and/or the  police department in charge of S.I.S/SIRENE, depending on national law.