For Written Answer on : 23/01/2024
Question Number(s): 413 Question Reference(s): 2383/24
Asked by: David Stanton T.D.
To ask the Minister for Justice the status of Ukrainian citizens who also hold Hungarian passports as a result of the 2010 Hungarian Citizenship Act and who were living in Transcarpathia, Zakarpattia Oblast, (reference the 1921 Treaty of Trianon), who travelled to Ireland as a result of the Russian invasion of Ukraine using a Hungarian passport; if these people are recognised under the Temporary Protection Directive; and if she will make a statement on the matter.
I can advise the Deputy that Temporary Protection in Ireland applies to the following groups of people who have had to flee Ukraine due to the invasion by Russia:
a) Ukrainian nationals who were residing in Ukraine before 24 February 2022;
b) Nationals of a third country (other than Ukraine) or a stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;
c) Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.
Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit before 24 February 2022.
Applicants must provide their identity documents and proof of residency in Ukraine prior to 24 February 2022 in order to meet the criteria for temporary protection. This proof can take many forms including; evidence of address, medical records, educational records, banking records etc.
Under the free movement regulation, it should also be noted that any EU citizen may relocate to any member EU State. The conditions for the exercise of the right of free movement and residence within the territory of the Member States by EU citizens and their family members are set out in the Free Movement Directive 2004/38/EC.